I recently wrote an article, available online here, for Progressive Cattleman Magazine on the importance of Right to Farm laws. As the article explains, it is not uncommon for a U.S. agricultural operation to face complaints from neighbors about various things including noise, smell, and dust caused by the farming or ranching operation. Right to Farm statutes offer some protection to an agricultural operation in this situation.
All 50 states have enacted right to farm laws. Not surprisingly, the laws vary depending upon the state in which your agricultural operation is located. Find the text of your state’s right to farm statute here.
My article outlines the seven most important provisions that producers should understand about their state’s right to farm statute and discusses the considerations and importance of each:
(1) To whom does the statute apply?
(2) What claims does the statute bar?
(3) Does the statute require compliance with generally accepted practices?
(4) Is there a time in operation requirement?
(5) How does the statute address changes in operation?
(6) Does the statute allow for the recovery of attorney fees?
(7) What are the limitations on the statutory defense?
I would advise all agricultural operators to review their state’s Right to Farm law with regard to these seven questions to determine whether their operation is protected.