Right to Farm Laws and Your Neighbors

Beginning in the 1970s, suburban development began moving out of the cities into the rural areas. Hard as it is to believe, cities like Los Angeles and Chicago used to have large agricultural zones where suburbs now sit. When homes started encroaching on agricultural operations, neighbors began filing nuisance complaints against existing farms and ranches.

Working farms are not always pleasant to have as neighbors. Farm equipment is loud and creates dust. Livestock pens smell very bad when full of animals gathered for feeding or sale. Pesticides and fertilizer sprayed over fields create toxic clouds that drift into neighboring yards.

Right-to-farm laws protect existing farming operations from legal action. Montana passed one of the first in 1973, and other states adopted similar laws throughout the 1970s and 1980s. State right-to-farm laws protect farmers and ranchers from private nuisance lawsuits over normal farming operations.

Right-to-farm laws are powerful, but they are not absolute. If a farm is operating irresponsibly, you still have rights as a neighbor. This article explains your legal options if a nearby farm is affecting your quality of life. You can also talk to a real estate attorney near you for targeted legal advice.

Understanding Nuisance Laws

Many neighbors have issues with one another over noisy children, loud parties, or barking dogs. In general, state nuisance laws allow individuals to ask courts to intervene when their neighbors engage in annoying activities and refuse to stop when requested.

• Private nuisances affect only one person or a few people. If the person next door likes to play their stereo at full volume 18 hours a day, that affects one or two people, but not the entire neighborhood.
• Public nuisances affect a large number of people. Air and water pollution affect the public health of tens of thousands of people. Changing them means public nuisance lawsuits or new state and federal regulations.

Both types of nuisance actions have similar issues in common:

• Foul smells or toxic gases that affect the surrounding area
• Loud or continuous noises during nighttime or other regulated hours
• Pollutants discharged into community resources like water or land

When other methods of negotiation fail, you can request a court order or injunction to force the neighbor to halt the action.

Nuisance Laws and Farming Operations

By nature, farms perform all these common nuisance activities in the course of regular daily operations. Right-to-farm laws prevent nuisance lawsuits as long as the farm follows generally accepted agricultural practices. For instance, protected farms often must:

• Use approved fertilizers and pesticides. Some states may require farmers to give notice before spraying or fertilizing.
• Maintain livestock in state-approved facilities. Each state has regulations about animal feeding operations, waste management, and number of animals per square acre.
• Meet state requirements for a “protected farm operation.” Each state right-to-farm law defines a “farm operation” differently. Some laws include aquaculture, forestry, apiculture, and other land uses as “farm operations.”

The specifics vary by state. In general, responsible farming operations that use approved and customary methods fall within right-to-farm laws. Illegal or negligent operations and those that violate zoning regulations typically do not.

“Coming to the Nuisance”

Many right-to-farm statutes acknowledge that the farms in the early nuisance cases existed before the neighborhoods arrived. This is known as “coming to the nuisance.”

If you are aware that a nuisance exists before you move, you generally do not have grounds for a later lawsuit. For instance, when people move into neighborhoods near airports, they know they will hear airplanes landing and taking off all day.

In the case of farms and housing developments, the farms and ranches surrounding large cities existed long before many cities even arrived. As recently as the 1980s, Disneyland sat in the midst of strawberry fields and orange groves. The suburbs gradually grew around them. The laws prohibited residents from suing farmers and preserved agricultural land use if:

• The operation existed before the complainant moved in
• Had existed as a farm or agricultural enterprise for the statutory period (at least a year)
• The operation followed all state and federal agricultural regulations

Some statutes prevent local governments from rezoning the land to exclude farms and agriculture without “grandfathering in” existing farms.

Issues and Controversies

In most cases, agricultural production facilities sold out or moved when developers offered them enough cash. Environmental regulations protecting natural resources like groundwater conflicted with other activities like pesticide spraying.

Confined animal feeding operations (CAFOs), also known as feedlots, are sources of contention among farmers and neighbors today. CAFOs can hold thousands of animals before slaughter. Regulations vary on things like the disposal of manure, and some argue the smell from these facilities significantly impacts property values.

Property Owner and Neighbor Rights

Right-to-farm laws do not mean that property owners and residents have no rights against nuisance farming operations. Every state has different rules for what is not protected by its right-to-farm laws.

In general, these laws do not protect:

• Negligent or unlawful practices: If a farm’s activities violate state or federal regulations and cause a nuisance, neighbors have a cause of action against the farm operator.
• Significant changes to the operation: Some states allow claims when an operation undergoes “significant changes.” Most states do not consider new technology or conversion to a new type of agricultural product to be a significant change.
• Original nuisance: If the operation was a pre-existing nuisance before an individual filed a lawsuit, it may still be a nuisance.
• Public nuisance: Most state laws exclude environmental harm or public space obstructions from right-to-farm laws. For instance, a farm cannot block a public road or foul groundwater even on its own property.

Are My Neighbors Allowed To Have Chickens in Their Backyard?

It’s becoming more common for homeowners in urban and suburban areas to raise "hobby chickens" on their property for fresh eggs and pest control. While this can be a rewarding and sustainable practice, chicken coops can produce an unpleasant odor and noise (especially roosters).

The laws for hobby chickens vary by municipality and are usually set at the local level. Most cities that allow fowl in residential neighborhoods require a permit, and sometimes even an education course.

Some cities require neighbor consent for a certain number or type of chickens. For example, Minneapolis requires consent from at least 80% of neighbors for more than six hens or any number of roosters. 

If your neighbor’s chickens are disruptive or creating a nuisance, start by talking to your neighbor directly. Let them know how their chickens’ odors or noises are affecting you. You can also check with your city to confirm they have a valid permit. If the issue persists, you may want to file a report with the city. The process varies by municipality, but it may send an inspector to the property if it receives a report. 

Document the following and include with your report:

• Dates and times of excessive noise
• Odor intensity and duration
• Any photos or videos

If you are still unsuccessful, a local attorney can advise on next steps, like filing a nuisance claim.

Get Help From an Attorney Filing A Nuisance Claim

It is unlikely you will move into an agricultural district without realizing it. Most townships are zoned into residential, commercial, and agricultural regions. Zones ensure houses and factories aren’t built next to each other.

If there is a nuisance farm or ranch nearby, you should consult an agricultural attorney in your area. State and local laws affect how you can file nuisance actions in agricultural cases.

Your state department of agriculture can explain how the Right to Farm Act applies in your state. The U.S. Environmental Protection Agency (EPA) is available for public nuisance complaints and larger issues of air and water pollution.

Nuisance suits against agricultural operations are difficult. You need legal advice before beginning your case, and clear proof that the activity prevents you from enjoying your property. Discuss the matter with an attorney before proceeding.