Oregon Right to Farm Noise Preemption

Under ORS 30.935 and ORS 30.937, Oregon prohibits cities and counties from enforcing nuisance or noise claims against farming or forest practices on land zoned for those uses, when the activity employs generally accepted standards. This preempts local barking-dog rules as applied to working farm dogs, livestock guardians, and herding dogs in agricultural zones. Outside those zones, municipalities retain authority. The state DEQ noise rules (OAR 340-035) historically set ambient standards but funding lapsed; enforcement is largely local. Only farming-related animal noise enjoys statewide preemption.

Local barking-dog citations against protected farm operations are unenforceable; courts may award attorney fees to farmers prevailing against improper local noise actions.