New Hampshire Statewide Rule
New Hampshire Right to Farm Nuisance Protection
Key Facts
- Policy
- RSA 432:32 establishes state right-to-farm policy
- Nuisance Presumption
- Farms over one year old presumed not a nuisance
- Coverage
- Covers noise, odor, dust, and farm traffic
- Neighbor Restriction
- New residential neighbors cannot file new nuisance claims
- Attorney Fees
- May be awarded under RSA 432:33
Summary
RSA 432:32 protects established New Hampshire farms from nuisance suits when operations follow generally accepted agricultural practices and predate complainants.
No agricultural operation shall be found a public or private nuisance as a result of changed conditions in or around the locality of the agricultural operation, if such agricultural operation has been in operation for one year or more and if it was not a nuisance at the time it began operation. This section shall not apply when any aspect of the agricultural operation is determined to be injurious to public health or safety under RSA 147:1 or RSA 147:2.
Full Breakdown
New Hampshire's Right to Farm law in RSA 432:32 through 432:33 declares it state policy to encourage farming and protect existing operations from nuisance claims. A farm operation in existence for at least one year is presumed not a nuisance if it uses generally accepted agricultural practices and complies with state and federal law. Changes in surrounding land use, including new residential development, cannot serve as the basis for nuisance suits. The law applies to noise, odor, dust, and traffic ordinarily associated with farming.
Violations & Penalties
Plaintiffs filing barred nuisance claims may be ordered to pay defendants' reasonable attorney fees under RSA 432:33.
Frequently Asked Questions
What does New Hampshire's Right to Farm law protect?
How long must a farm operate to gain protection?
Sources
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