TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 97

AGRICULTURAL PROTECTION AREA ACT

67-9711.  NUISANCES. (1) Recognizing that Idaho is a right-to-farm state and that agricultural operations and agricultural facilities pursuant to chapter 45, title 22, Idaho Code, are protected from nuisance actions if they follow generally recognized farming practices, a political subdivision shall ensure that any of its laws or ordinances that define or prohibit a public nuisance shall exclude agricultural protection areas from its definition or from any prohibition for any agricultural activity or operation within an agricultural protection area as long as those agricultural activities or operations follow generally recognized farming practices.

(2)  In a civil action for nuisance or criminal action for public nuisance, it is a complete defense if the action involves otherwise lawful agricultural activities that were:

(a)  Conducted within an agricultural protection area; and

(b)  Not in violation of any federal, state, or local law or regulation relating to the alleged nuisance and were conducted using generally recognized farming practices.

History:

[67-9711, added 2024, ch. 215, sec. 1, p. 766.]