Oregon Statewide Rule
Oregon Right to Farm Noise Preemption
Key Facts
- Statute
- ORS 30.935-30.947
- Scope
- Farm and forest practices
- Penalty for cities
- Attorney fees awarded
- Residential dogs
- Local control
Summary
Oregon's Right to Farm Act preempts local noise ordinances that target generally accepted agricultural practices, including livestock and farm dog noise. Cities cannot declare lawful farming activities a nuisance based on sound, but residential dog noise remains under local control.
30.935 Prohibition on local laws that make farm practice a nuisance or trespass. Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a farm practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 or 30.937.
Full Breakdown
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.
Violations & Penalties
Local barking-dog citations against protected farm operations are unenforceable; courts may award attorney fees to farmers prevailing against improper local noise actions.
Frequently Asked Questions
Can my city cite my neighbor's farm dog for barking?
Does this protect suburban dog owners?
Sources
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