Help localities adopt "right-to-farm" ordinances
Action
All 50 states have some version of a "right-to-farm" statute. Such statutes are implemented to protect established agricultural operations that use good management practices from nuisance lawsuits. Not all statutes have the same requirements, but most say that if an agricultural operation is in compliance with environmental regulations, is properly run, and existed at least a year before a change in the area surrounding the operation, then it cannot be found to be a nuisance under tort law. The Department of Agriculture can strengthen the right of farms to operate by helping local governments implement right-to-farm ordinances to supplement the protection provided by the state law.
Process
The Department of Agriculture should create a model local right-to-farm ordinance, and can assist towns and counties in drafting or revising right-to-farm ordinances that work for them. In addition, the Department can create a Web site that provides information on all the right-to-farm ordinances established by the State's towns and counties.
Examples
- New Jersey's Department of Agriculture's Right to Farm Program
New Jersey's Right to Farm Program assists municipalities in drafting and revising local right-to-farm ordinances, has developed a model right-to-farm ordinance and maintains a statewide list of New Jersey's local right-to-farm ordinances.
— New Jersey Department of Agriculture, Local Right-to-Farm Ordinances
— New Jersey Department of Agriculture, Model Right-to-Farm Ordinance
