New Mexico Right to Farm Act Nuisance Protection

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.

While the Act primarily provides defenses, related violations of agricultural practice standards may result in regulatory enforcement under environmental, water, and animal health statutes.