South Dakota Right to Farm Nuisance Protection

SDCL 21-10-25.2 declares that no agricultural operation shall be deemed a nuisance if it has been in operation for more than one year and was not a nuisance at its start, even if changing conditions in or about the locality otherwise would constitute a nuisance. The statute protects farms from suits brought by neighbors who move near pre-existing operations and seek to enjoin sounds, odors, or dust. Negligent operation, illegal conduct, and significant changes in operation may forfeit protection.

Farms violating environmental, water quality, or health rules lose Right to Farm protection and can be sued; punitive damages are possible for willful misconduct.