Wyoming Statewide Rule
Wyoming Right to Farm and Ranch Act
Key Facts
- Governing act
- Right to Farm and Ranch Act, § 11-44
- Protection test
- Existed before adjacent land-use change
- Loses protection
- Negligent or unlawful operations
- Covers
- Crops, livestock, dairy, poultry, bees
- Statute
- Wyo. Stat. §§ 11-44-101 to 104
Summary
Wyoming's Right to Farm and Ranch Act, Wyo. Stat. §§ 11-44-101 through 11-44-104, shields farm and ranch operations from nuisance suits when the operation existed before a change in adjacent land use and was not a nuisance before that change occurred.
11-44-103. Farm or ranch operations not considered a nuisance; conditions. (a) Notwithstanding any other provision of law, a farm or ranch operation shall not be found to be a public or private nuisance by reason of that operation if that farm or ranch operation: (i) Conforms to generally accepted agricultural management practices; and (ii) Existed before a change in the land use adjacent to the farm or ranch land and the farm or ranch operation would not have been a nuisance before the change in land use or occupancy occurred.
Full Breakdown
Wyo. Stat. §§ 11-44-101 through 11-44-104 declare it Wyoming policy to protect farm and ranch operations from nuisance suits arising from changed conditions in surrounding areas. A farm or ranch operation is not a public or private nuisance if it existed before a change in the land use adjacent to it and would not have been a nuisance before that change occurred. The protection does not extend to operations run negligently or in violation of law. Covered activities include crop production, livestock, dairy, poultry, bees, and related farm and ranch products.
Violations & Penalties
A qualifying operation cannot be enjoined or found liable as a nuisance on the basis of the surrounding change in land use. Operations run negligently or unlawfully lose the protection and face standard nuisance and regulatory remedies.
Frequently Asked Questions
Can neighbors sue an established ranch for odor?
Does the law protect brand-new operations?
Sources
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