West Virginia Right to Farm Act Protections

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.

Filing a nuisance suit barred by the Act may result in dismissal and possible recovery of costs under 19-19-4.