Oklahoma Statewide Rule
Oklahoma Right to Farm Livestock Protections
Key Facts
- Statute
- 50 O.S. Section 1.1
- Protection trigger
- One year of operation
- Constitutional right-to-farm
- None; SQ 777 failed in 2016
- Enforcement agency
- ODAFF
Summary
Oklahoma's Right to Farm Act protects established agricultural operations, including livestock and poultry, from nuisance lawsuits and certain local regulations after one year of continuous operation, limiting municipal authority over rural agriculture.
C. No action for nuisance shall be brought against agricultural activities on farm or ranch land which has lawfully been in operation for two (2) years or more prior to the date of bringing the action. The established date of operation is the date on which an agricultural activity on farm or ranch land commenced. The established date of operation for each change is not a separately and independently established date of operation and commencement of the expanded activity does not divest the farm or ranch of a previously established date of operation if: 1. The physical facilities of the farm or ranch are subsequently expanded or new technology adopted; 2. The farming or ranching is interrupted for no more than three (3) years; or 3. The farm or ranch participates in a government-sponsored agricultural program.
Full Breakdown
Under 50 O.S. Section 1.1, Oklahoma's Right to Farm Act shields agricultural operations from nuisance claims if they have operated for over a year, were not a nuisance when started, and comply with applicable laws. The statute restricts municipal authority to retroactively regulate established farms. Cities may still regulate chickens and livestock within municipal limits via zoning but cannot eliminate pre-existing agricultural uses protected by the Act. State law also governs livestock disease control through the Oklahoma Department of Agriculture, Food, and Forestry. Oklahoma has no constitutional right-to-farm provision; State Question 777, which would have added one, was defeated by voters in 2016.
Violations & Penalties
Nuisance claims against protected farms are barred. Plaintiffs filing frivolous suits against established farms may be liable for the farm's attorney fees and costs.
Frequently Asked Questions
Can a city ban chickens in Oklahoma?
Does state law override local livestock rules?
Sources
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