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Right to Farm Laws
American Farmland Trust; Northampton, MA: American Farmland Trust; FIC Fact Sheet and Technical Memo; page(s) 2; 1998; National; Fact Sheets and Technical Memos
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Abstract:
Right-to-farm laws are designed to accomplish one or both of the following objectives:(1) to strengthen the legal position of farmers when neighbors sue them for private nuisance; and (2) to protect farmers from anti-nuisance ordinances and unreasonable controls on farming operations. Most laws include a number of additional protections. Right-to-farm provisions may also be included in state zoning enabling laws, and farmers with land enrolled in an agricultural district may have stronger right-to-farm protection than other farmers. A growing number of counties and municipalities are passing their own right-to-farm legislation to supplement the protection provided by state law. This fact sheet provides basic information on right-to-farm laws.
The common law of nuisance forbids individuals from using their property in a way that causes harm to others. A private nuisance refers to an activity that interferes with an individual's reasonable use or enjoyment of his or her property. A public nuisance is an activity that threatens the public health, safety or welfare, or damages community resources, such as public roads, parks and water supplies.
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