South Carolina Right to Farm Nuisance Protection Statewide Statute

Section 46-45-10 et seq. of the South Carolina Code, known as the Right to Farm Act, declares that no agricultural facility or operation in operation for more than one year shall become a nuisance from changed conditions in or around its locality. Protection covers crop production, livestock, dairy, poultry, aquaculture, and forestry operations using generally accepted agricultural and management practices. Plaintiffs cannot recover unless the operation was operating improperly or violated state or federal law. The statute aims to preserve farmland against encroaching residential development and frivolous nuisance suits.

Improperly operated farms or those violating environmental laws lose Right to Farm protections and remain subject to nuisance liability.