West Virginia Statewide Rule
West Virginia Right to Farm Act Protections
Key Facts
- Authority
- W. Va. Code §19-19 (Right to Farm)
- Protection threshold
- One year of operation
- Effect
- Bars neighbor nuisance suits
- Local nuisance rules
- Preempted for protected farms
- Standard
- Generally accepted agricultural practices
Summary
The West Virginia Right to Farm Act in W. Va. Code 19-19 protects established agricultural operations from nuisance lawsuits brought by neighbors.
No agricultural operation within this state which has been in operation for a period of more than one year shall be considered a nuisance, either public or private, as the result of a changed condition in or about the locality where such agricultural operation is located. In any nuisance action, public or private, against an agricultural operation or its principals or employees proof that the agricultural operation has existed for one year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal laws, regulations, and permits.
Full Breakdown
W. Va. Code Chapter 19, Article 19 declares that agricultural operations are not public or private nuisances if they have been in operation for more than one year and were not nuisances at their start. The Act bars local governments from declaring any properly conducted agricultural activity a nuisance and limits civil suits when surrounding land uses change after the farm is established. It also addresses the use of generally accepted agricultural practices and chemical applications consistent with state and federal law.
Violations & Penalties
Filing a nuisance suit barred by the Act may result in dismissal and possible recovery of costs under 19-19-4.
Frequently Asked Questions
What does West Virginia's Right to Farm Act do?
How long must a farm operate to gain protection?
Sources
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