§ 5753. Agricultural activities; protection from nuisance lawsuits
(a) No agricultural activity shall be or become a nuisance when the activity is conducted
in accordance with generally accepted agricultural practices.
(b)(1) In order to assert nuisance protection under this chapter, a person conducting an
agricultural activity shall demonstrate that the person is in good standing with the
State. A person may demonstrate good standing by providing letters of good standing
to a court from the Secretary of Agriculture, Food and Markets; the Secretary of Natural
Resources; or both secretaries, as relevant to the nuisance claim.
(2) A plaintiff alleging that an agricultural activity is a nuisance shall have the burden
of proving by a preponderance of the evidence that:
(A) the agricultural activity at issue is not entitled to the nuisance protection provided
for under subsection (a) of this section because the agricultural activity is not
conducted in accordance with generally accepted agricultural practice; and
(B) if the plaintiff proves the agricultural activity is not entitled to nuisance protection
under subsection (a) of this section, the required elements of their nuisance claim.
(c) The nuisance protection for an agricultural activity provided for under subsection
(a) of this section shall not apply if the plaintiff demonstrates one or more of the
following:
(1) A nuisance violation results from the negligent operation of an agricultural activity.
(2) The agricultural activity has a substantial adverse effect on health, safety, or welfare
based upon objective, documented medical or scientific evidence that the agricultural
activity was the proximate cause of the alleged effect.
(3) A reasonable person would find that the agricultural activity was a proximate cause
of a noxious and significant interference with the use and enjoyment of the neighboring
property.
(d) This chapter shall not restrict or impede the authority of the State to protect the
public health, safety, environment, or welfare. (Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; 2025, No. 61, § 1, eff. July 1, 2025.)