THE OREGON RIGHT TO FARM LAW
Right-to-farm
Overview
1993 legislation, updated in 1995 and 2001, declares farm and forest practices as critical to the welfare of the Oregon economy, and establishes a right-to-farm law. This law limits the rights of individuals, local governments, and special districts from bringing court actions or administratively declaring certain farm and forest products to be nuisances or trespass (ORS 30.930).
Protected land
No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based upon nuisance or trespass. “Pre-existing nonconforming (farm or forest) uses” are also afforded this protection provided that the farming or forest use existed before the conflicting non‑farm or nonforest use of the real property that gave rise to the claim and provided that the pre-existing nonconforming farming or forest practice has “not significantly increased in size or intensity from November 4, 1993.”
Right-to-farm protection is not afforded claims based on
damage to commercial agricultural products
death or serious injury.
Protected practices
Protected practices include farming or forest practices that
are or may be used on a farm or forestland of similar nature.
are generally accepted reasonable and prudent methods for the operation to obtain profit in money.
comply with applicable law.
are performed in a reasonable manner.
The lawful and proper use of pesticides is considered a protected farming or forest practice.
The law also provides protection for the movement of farm vehicles and livestock on public roads.
In the case of forest land activities, the following are covered (other acceptable practices may be included as well):
site preparation
timber harvest
slash disposal
road construction and maintenance
tree planting
thinning
release
fertilization
annual damage control
insect disease control
pesticide use.
Local government and special district ordinances and regulations now in effect or subsequently adopted which are contrary to this law are invalid. In any legal action alleging nuisance or trespass arising from a practice alleged by either side as a farm or forest practice, the prevailing party is awarded attorney fees and costs at the trial and on appeal.
Complainants may want to consider the Oregon Department of Agriculture’s Farm Mediation Program before filing any legal action. Call 503-986-4558 or 800-347-7028 for information about the mediation program. Parties are encouraged to talk with legal counsel on the interpretation of the statute.
Technical assistance
Oregon Department of Agriculture
Land use
Jim Johnson 503-986-4706
Farm Mediation Program
Brent Searle 503-986-4558 or 800-347-7028
For more information on use of livestock guardian dogs as an acceptable farming practice visit:
The National Agricultural Law Center
Agriculture Quarterly
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