New Mexico Statewide Rule
New Mexico Right to Farm Act Nuisance Protection
Key Facts
- Codified Nmsa
- Codified at NMSA 47-9
- One-year Operation
- One-year operation threshold
- Minimum
- Coming-to-the-nuisance defense
- Limits Local
- Limits on local restrictions
- Compliance With
- Compliance with law required
Summary
New Mexico's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, provided operations follow generally accepted practices.
Any agricultural operation or agricultural facility is not, nor shall it become, a private or public nuisance by any changed condition in or about the locality of the agricultural operation or agricultural facility if the operation was not a nuisance at the time the operation began and has been in existence for more than one year; except that the provisions of this section shall not apply whenever an agricultural operation or agricultural facility is operated negligently or illegally such that the operation or facility is a nuisance.
Full Breakdown
The New Mexico Right to Farm Act, codified in NMSA 1978 Chapter 47, Article 9, provides that agricultural operations existing for more than one year and operating in compliance with applicable laws shall not be deemed nuisances due to changed conditions in or about the locality. The Act protects against nuisance suits brought by neighbors who arrive after farm operations were established. Protection is forfeited if operations significantly change in nature, fail to follow generally accepted agricultural practices, or operate negligently or in violation of state or federal law. The Act also limits local ordinances that would unreasonably restrict longstanding farm activities.
Violations & Penalties
While the Act primarily provides defenses, related violations of agricultural practice standards may result in regulatory enforcement under environmental, water, and animal health statutes.
Frequently Asked Questions
Does Right to Farm cover odor complaints?
What if a farm violates environmental rules?
Sources
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