Rhode Island Statewide Rule
Rhode Island Right to Farm Act Under RIGL 2-23
Key Facts
- Non-nuisance rule
- RIGL 2-23-5 declares farming non-nuisance
- Protects practices
- Protects accepted agricultural practices
- Shields suits
- Shields against nuisance suits
- Limits ordinances
- Limits restrictive local ordinances
- DEM support
- DEM Division of Agriculture supports farms
Summary
Rhode Island's Right to Farm Act under RIGL Chapter 2-23 protects qualifying agricultural operations from nuisance lawsuits and overly restrictive municipal ordinances when farms follow generally accepted agricultural practices.
§ 2-23-5. Nuisance actions against agricultural operations. (a) No agricultural operation, as defined in this chapter is found to be a public or private nuisance, due to alleged objectionable: (1) Odor from livestock, manure, fertilizer, or feed, occasioned by generally accepted farming procedures; (2) Noise from livestock or farm equipment used in normal, generally accepted farming procedures; (3) Dust created during plowing or cultivation operations; (4) Use of pesticides, rodenticides, insecticides, herbicides, or fungicides. This provision pertains only to nuisance actions under chapter 1 of title 10. (b) In addition, no city or town ordinance adopted under § 23-19.2-1 shall be enforced against any agricultural operation as defined in this chapter. In addition, no rule or regulation of the department of transportation shall be enforced against any agricultural operation to prevent it from placing a seasonal directional sign or display on the state’s right-of-way, on the condition that that sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the agricultural operation upon the conclusion of the season for which said sign or display was placed. History of Section. P.L. 1982, ch. 10, § 1; P.L. 1990, ch. 145, § 1.
Full Breakdown
RIGL Chapter 2-23, the Right to Farm Act, declares in § 2-23-5 that agricultural operations conducted in conformity with generally accepted agricultural practices shall not be deemed a public or private nuisance. The law shields qualifying farms from nuisance suits brought by neighbors over noise, odor, dust, fumes, and other ordinary farm operations, provided the farm was established before the conflicting use and continues to operate properly. Municipalities are limited in their ability to enact ordinances that unreasonably restrict accepted farm practices. The Department of Environmental Management's Division of Agriculture supports agricultural viability and offers guidance on accepted practice.
Violations & Penalties
Right to Farm protections are an affirmative defense rather than a punitive law; municipalities or plaintiffs improperly pursuing actions against protected farms may face dismissal, attorney fees, and damages in some cases.
Frequently Asked Questions
What does Rhode Island's Right to Farm Act protect?
Can my town ban a neighboring farm's operations?
Sources
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