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.

History:

[22-4505, added 2011, ch. 229, sec. 4, p. 625.]