Agricultural operation not to be deemed a nuisance, when--exceptions--costs.
537.295. 1. No agricultural operation or any of its appurtenances shall be
deemed to be a nuisance, private or public, by any changed conditions in the locality
thereof after the facility has been in operation for more than one year, when
the facility was not a nuisance at the time the operation began. An
agricultural operation protected pursuant to the provisions of this section may
reasonably expand its operation in terms of acres or animal units without
losing its protected status so long as all county, state, and federal
environmental codes, laws, or regulations are met by
the agricultural operation. Reasonable expansion shall not be deemed a public
or private nuisance, provided the expansion does not create a substantially
adverse effect upon the environment or creates a hazard to public health and
safety, or creates a measurably significant difference in environmental
pressures upon existing and surrounding neighbors because of increased
pollution. Reasonable expansion shall not include complete relocation of a
farming operation by the owner within or without the present boundaries of the
farming operation; however, reasonable expansion of like kind that presently
exists, may occur. If a poultry or livestock operation is to maintain its
protected status following a reasonable expansion, the operation must ensure
that its waste handling capabilities and facilities meet or exceed minimum
recommendations of the
2. As used in this section the term "agricultural operation and its appurtenances" includes, but is not limited to, any facility used in the production or processing for commercial purposes of crops, livestock, swine, poultry, livestock products, swine products or poultry products.
3. The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or quality of water used by that person, firm or corporation for private or commercial purposes, or as a result of any overflow of land owned by or in the possession of any such person, firm or corporation.
4. The provisions of this section shall not apply to any nuisance resulting
from an agricultural operation located within the limits of any city, town or
5. In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in his behalf in connection with the defense of such action, together with a reasonable amount for attorneys fees.