Tennessee Statewide Rule
Tennessee Right to Farm Act Livestock Protections
Key Facts
- Statute
- T.C.A. 43-26-101 et seq.
- Farm protection
- One year of operation
- Local zoning
- Allowed within limits
- State chicken cap
- None set
Summary
Tennessee's Right to Farm Act shields established agricultural operations, including livestock and poultry, from local nuisance ordinances and most municipal restrictions on existing farms statewide.
It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: (1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or (2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
Full Breakdown
Under T.C.A. Title 43, Chapter 26, Tennessee broadly protects bona fide agricultural operations that have existed for at least one year from being declared nuisances by local governments. Cities may still regulate livestock and chickens within municipal limits via zoning, but they cannot apply new ordinances to terminate previously lawful farm activities. Nashville, Knoxville, and Memphis each set their own backyard chicken caps and rooster rules. State law does not impose a uniform poultry limit on residential parcels.
Violations & Penalties
Local nuisance suits or ordinances against protected farms are barred; violators of municipal residential limits face local citations.
Frequently Asked Questions
Does Tennessee preempt city chicken bans?
How long must a farm operate to gain protection?
Sources
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