T22CH45
Title 22 > T22CH45
Sections (6)
22-4501
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4501. Legislative findings and intent. The legislature finds that agricultural activities conducted on farmland in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses, and in some cases prohibit investments in agricultural improvements. It is the intent of the legislature 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. The legislature also finds that the right to farm is a natural right and is recognized as a permitted use throughout the state of Idaho. History: [22-4501, added 1981, ch. 177, sec. 1, p. 311.]
22-4502
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4502. Definitions. As used in this chapter: (1) Agricultural facility includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation. (2) Agricultural operation means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation: (a) Construction, expansion, use, maintenance and repair of an agricultural facility; (b) Preparing land for agricultural production; (c) Applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil; (d) Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost; (e) Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts; (f) Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities; (g) Manufacturing animal feed; (h) Transporting agricultural products to or from an agricultural facility; (i) Noise, odors, dust, fumes, light and other conditions associated with an agricultural operation or an agricultural facility; (j) Selling agricultural products at a farmers or roadside market; (k) Participating in a government-sponsored agricultural program; and (l) The ingress and egress of agricultural aircraft to agricultural lands or treatment areas. (3) Nonagricultural activities, for the purposes of this chapter, means residential, commercial or industrial property development and use not associated with the production of agricultural products. (4) Improper or negligent operation means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety. History: [22-4502, added 1981, ch. 177, sec. 1, p. 311; am. 1997, ch. 341, sec. 1, p. 1025; am. 1999, ch. 377, sec. 1, p. 1035; am. 2011, ch. 229, sec. 1, p. 623; am. 2022, ch. 116, sec. 1, p. 424.]
22-4503
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4503. Agricultural operation, agricultural facility or expansion thereof not a nuisance — Exception. No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof. History: [22-4503, added 1981, ch. 177, sec. 1, p. 312; am. 1999, ch. 377, sec. 2, p. 1035; am. 2011, ch. 229, sec. 2, p. 624.]
22-4504
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4504. Local ordinances. No city, county, taxing district or other political subdivision of this state shall adopt any ordinance or resolution that declares any agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices to be a nuisance, nor shall any zoning ordinance that requires abatement as a nuisance or forces the closure of any such agricultural operation or agricultural facility be adopted. Any such ordinance or resolution shall be void and shall have no force or effect. Zoning and nuisance ordinances shall not apply to agricultural operations and agricultural facilities that were established outside the corporate limits of a municipality and then were incorporated into the municipality by annexation. The county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property. History: [22-4504, added 1994, ch. 107, sec. 2, p. 239; am. 1997, ch. 341, sec. 2, p. 1026; am. 2011, ch. 229, sec. 3, p. 625.]
22-4505
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4505. nuisance actions. (1) An agricultural operation, agricultural facility or expansion thereof shall not be found to be a nuisance under the circumstances described in section 22-4503 , Idaho Code. (2) An agricultural operation, agricultural facility or expansion thereof that is operated in accordance with generally recognized agricultural practices or in compliance with a state or federally issued permit shall not be found to be a public or private nuisance. The provisions of this subsection shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof. (3) If a public or private nuisance claim or cause of action is filed against the owner or operator of an agricultural operation or the owner of the land on which the agricultural operation is conducted and the applicable court finds that the owner or operator is the prevailing party in the action because the agricultural operation was conducted in accordance with this chapter, then the owner or operator shall be entitled to receive its reasonable attorney’s fees and costs from the non-prevailing party. (4)(a) Any person who files or makes more than one (1) meritless complaint with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency against a specific agricultural operation within a two (2) year period from the date of the first complaint shall be subject to the following penalties: (i) Filing or making a second meritless complaint within two (2) years shall be an infraction and subject to a one hundred fifty dollar (300) fine. (iii) Filing or making a fourth or subsequent meritless complaint within two (2) years shall be a misdemeanor. (b) For the purposes of this subsection, meritless complaint means a complaint made or filed with the Idaho department of agriculture, the Idaho department of environmental quality, the Idaho department of lands, or any other state or local law enforcement agency alleging that an agricultural operation constitutes a public or private nuisance as described in this chapter when that agricultural operation was operating in compliance with this chapter at the time of the complaint. History: [22-4505, added 2011, ch. 229, sec. 4, p. 625; am. 2025, ch. 147, sec. 1, p. 730.]
22-4506
TITLE 22 AGRICULTURE AND HORTICULTURE CHAPTER 45 RIGHT TO FARM 22-4506. severability. If any provision of this chapter or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History: [22-4506, added 2011, ch. 229, sec. 5, p. 625.]