South Carolina Statewide Rule
South Carolina Right to Farm Nuisance Protection Statewide Statute
Key Facts
- Requirement
- Authority: SC Code Section 46-45-10
- Requirement
- Protects farms operating over one year
- Requirement
- Covers crops, livestock, forestry, aquaculture
- Requirement
- Improper operation forfeits protection
- Requirement
- Defends against changed-condition nuisance
Summary
South Carolina protects established agricultural operations from nuisance lawsuits when surrounding land uses change under the Right to Farm Act.
SECTION 46-45-70. Established agricultural facility as nuisance; changed conditions in surrounding locality. No established agricultural facility or any agricultural operation at an established agricultural facility is or may become a nuisance, private or public, by any changed conditions in or about the locality of the facility or operation. This section does not apply whenever a nuisance results from the negligent, improper, or illegal operation of an agricultural facility or operation.
Full Breakdown
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.
Violations & Penalties
Improperly operated farms or those violating environmental laws lose Right to Farm protections and remain subject to nuisance liability.
Frequently Asked Questions
Does Right to Farm protect new neighbors from suing farms?
Are violations of environmental law protected?
Sources
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