2-4-101. Purpose.

It is the declared policy of the state to conserve, protect, and encourage the development

and improvement of its agricultural and forest lands and other facilities for the production

of food, fiber, and other agricultural and silvicultural products. When nonagricultural

land uses extend into agricultural areas, agricultural operations often become the subject

of nuisance suits. As a result, agricultural operations are sometimes forced to cease

operations. Many are discouraged from making investments in farm or other agricultural

improvements. It is the purpose of this chapter to reduce the loss to the state of its

agricultural resources by limiting the circumstances under which agricultural operations

may be deemed to be a nuisance.

History. Acts 1981, No. 301, § 1; A.S.A. 1947, § 34-120; Acts 2005, No. 2257, § 1.

Amendments. The 2005 amendment substituted “and forest lands” for “land” and “fiber, and

other agricultural and silvicultural” for “and other agricultural” in the first sentence.

2-4-102. Definitions.

As used in this chapter:

(1) “Agricultural operation” or “farming operation” means an agricultural,

silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including:

(A) The care and production of livestock and livestock products, poultry

and poultry products, apiary products, and plant and animal production for nonfood uses;

(B) The planting, cultivating, harvesting, and processing of crops and

timber; and

(C) The production of any plant or animal species in a controlled

freshwater or saltwater environment; and

(2) “Agriculture” includes agriculture, silviculture, and aquaculture.

History. Acts 1981, No. 301, § 2; A.S.A. 1947, § 34-121; Acts 2005, No. 2257, § 2.

Publisher's Notes. As passed, Acts 2005, No. 2257, contained two sections designated as

subdivision 2.

Amendments. The 2005 amendment rewrote this section.

2-4-103. Applicability to contracts.

This chapter shall not be construed to invalidate any contracts heretofore made, but

insofar as contracts are concerned shall be applicable only with respect to contracts and

agreements made subsequent to March 3, 1981.

History. Acts 1981, No. 301, § 6; A.S.A. 1947, § 34-125.

2-4-104. [Repealed.]

Publisher's Notes. This section, concerning nonapplicability to certain agricultural facilities, was

repealed by Acts 2005, No. 2257, § 3. The section was derived from Acts 1981, No. 301, § 7;

A.S.A. 1947, § 34-126.

2-4-105. Local ordinances void.

Any and all ordinances adopted by any municipality or county in which an agricultural

operation is located making or having the effect of making the agricultural operation or

any agricultural facility or its appurtenances a nuisance or providing for an abatement of

the agricultural operation or the agricultural facility or its appurtenances as a nuisance in

the circumstances set forth in this chapter are void and shall have no force or effect.

History. Acts 1981, No. 301, § 5; A.S.A. 1947, § 34-124; Acts 2005, No. 2257, § 4.

Amendments. The 2005 amendment substituted “operation is” for “facility is” and “agricultural

operation or any” for “operation of any.”

2-4-106. Actions for injuries or damages not affected.

The provisions of this chapter shall not affect or defeat the right of any person, firm, or

corporation to recover damages for any injuries or damages sustained by them on account

of any pollution of or change in the condition of the waters of any stream or on account

of any overflow of the lands of any person, firm, or corporation.

History. Acts 1981, No. 301, § 4; A.S.A. 1947, § 34-123.

2-4-107. Operation not to become nuisance.

(a) An agricultural operation or its facilities or appurtenances shall not be or become a

public or private nuisance as a result of any changed conditions in and about the locality

after it has been in operation for a period of one (1) year or more when the agricultural

operation or its facilities or appurtenances were not a nuisance at the time the agricultural

operation began.

(b) (1) Except as provided in this section, an agricultural operation shall not be found to

be a public or private nuisance if the agricultural operation alleged to be a nuisance

employs methods or practices that are commonly or reasonably associated with

agricultural production.

(2) An agricultural operation that employs methods or practices that are

commonly or reasonably associated with agricultural production shall not be found to be

a public or private nuisance as a result of any of the following activities or conditions:

(A) Change in ownership or size;

(B) Nonpermanent cessation or interruption of farming;

(C) Participation in any government-sponsored agricultural program;

(D) Employment of new technology; or

(E) Change in the type of agricultural product produced.

(c) (1) Notwithstanding any other provision of this section to the contrary, an

agricultural operation shall not be found to be a public or private nuisance if the

agricultural operation:

(A) Was established prior to the commencement of the use of the area

surrounding the agricultural operation for nonagricultural activities; and

(B) Employs methods or practices that are commonly or reasonably

associated with agricultural production.

(2) Employment of methods or practices that are commonly or reasonably

associated with agricultural production or are in compliance with any state or federally

issued permit shall create a rebuttable presumption that an agricultural operation is not a

nuisance.

(d) The court may award expert fees, reasonable court costs, and reasonable attorney's

fees to the prevailing party in any action brought to assert that an agricultural operation is

a public or private nuisance.

History. Acts 1981, No. 301, § 3; A.S.A. 1947, § 34-122; Acts 2005, No. 2257, § 5.

Amendments. The 2005 amendment substituted, in (a), “operation or its facilities or

appurtenances” for “facility, its appurtenances, or the operation thereof” and “agricultural

operation or its facilities or appurtenances were” for “facility, its appurtenances, or the operation

thereof was”; and added (b)-(d).

2-4-108. Liberal construction.

This chapter is remedial in nature and shall be liberally construed to effectuate its

purposes.

History. Acts 2005, No. 2257, § 2[6].