Pennsylvania Statewide Rule
Pennsylvania Right to Farm Act Livestock Protections
Key Facts
- Statute
- 3 P.S. Sec. 951
- Threshold
- 10 acres or $10,000 income
- ACRE law
- Act 38 of 2005
- Enforcer
- PA Attorney General
Summary
Pennsylvania's Right to Farm Act limits municipal restrictions on normal agricultural operations including chickens and livestock on qualifying farmland.
§ 313. Certain local government unit actions prohibited. (a) Adoption and enforcement of unauthorized local ordinances.-A local government unit shall not adopt nor enforce an unauthorized local ordinance.
Full Breakdown
Pennsylvania's Right to Farm Act (3 P.S. Sec. 951 et seq.) preempts local ordinances that would restrict normal agricultural operations on properties of at least ten acres or producing $10,000 in annual gross income. The Agricultural Area Security Law and the ACRE statute (Act 38 of 2005) allow the Attorney General to challenge unauthorized local ordinances regulating farm activities. Municipalities cannot ban livestock operations that comply with state law, though small backyard chicken keeping in residential zones remains a local matter.
Violations & Penalties
Municipalities passing unauthorized agricultural ordinances may face ACRE review and Attorney General enforcement actions to invalidate those rules.
Frequently Asked Questions
Does Pennsylvania preempt all chicken ordinances?
What is ACRE in Pennsylvania?
Sources
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