Utah Statewide Rule
Utah Right to Farm Nuisance Protection Statute
Key Facts
- Detail
- Section 78B-6-1101 anchors right-to-farm protections
- Detail
- Operations need 1-year history to qualify
- Detail
- Negligent or polluting operations not protected
- Requirement
- Subdivision disclosures required near farms
Summary
Utah Code 78B-6-1101 protects established agricultural operations from nuisance lawsuits when surrounding land uses change toward residential development.
(1) (a) A person or government entity does not have a right of action under this chapter for a private nuisance that is an agricultural operation if: (i) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the public nuisance or private nuisance; (ii) the real property affected by the conditions alleged to be the public nuisance or private nuisance is located outside one-half mile of the source of the activity or structure alleged to be the public nuisance or private nuisance; or (iii) the action is filed more than one year after: (A) the establishment of the agricultural operation; or (B) the agricultural operation undergoes a fundamental change.
Full Breakdown
Utah's Right to Farm Act under Section 78B-6-1101 et seq. shields agricultural operations operating for at least one year from nuisance claims based on changed conditions in the locality. Protected activities include crop production, livestock raising, dairy, poultry, and customary agricultural practices conducted in conformance with generally accepted standards. Nuisance protection does not apply when operations violate state or federal law, are negligently conducted, or pollute waters. The statute encourages residential developers and new neighbors to acknowledge proximity to farm operations. Counties must include right-to-farm disclosures in subdivision plat reviews near agricultural zones.
Violations & Penalties
Plaintiffs filing nuisance suits against protected farms may face dismissal and award of attorney fees if the operation qualifies under the Right to Farm Act.
Frequently Asked Questions
Who is protected by Utah's Right to Farm Act?
Can neighbors still sue for negligent farm operations?
Sources
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