Agricultural Litigation: Washington’s Right to Farm Act
Washington is an agricultural state, with 34% of its land used as farmland (that is approximately 14.7 million acres). Agribusiness contributes 13% of the state’s economy and contributes $51 billion to Washington’s annual GDP. If you live in Washington, chances are you’re either involved in the agriculture industry or you know someone who is.
Urban sprawl over the past several decades resulted in new residential districts abutting existing agricultural operations. While farmers are notorious for trying to be good neighbors, anyone who has lived next to an agricultural pursuit knows that these friendly neighbors present their own unique challenges including dust, noise and smell, just to name a few. Some have said that these factors rise to the level of nuisance, which is an unlawful interference with the use and enjoyment of one’s property.
In the 1970s, nuisance lawsuits brought by residents against their farmer neighbors were at an all-time high, not only in Washington but around the nation. Starting in 1979 and continuing through the early 1980s, every single state has passed a Right to Farm law. Washington’s version of the law protects agricultural activities and forest practices from nuisance lawsuits.
This does not mean that you can start a pig farm in your backyard and be immune to a lawsuit from your neighbor. Washington’s Right to Farm Act only applies to the activities which were occurring prior to surrounding non-agricultural and non-forestry activities. Further, the protection only extends to those activities which are conducted consistent with “good agricultural and forest practices.” Lastly, the Act does not protect those activities which have a substantial adverse effect on the public’s health and safety. So while the Act does not go so far as to give farmers free reign to interfere with their residential neighbors’ use and enjoyment of their property, it does insulate agricultural operations from lawsuits by new residential neighbors who have simply decided they do not enjoy living next to a farm. It also allows farmers to recover their attorney fees, costs and other damages incurred as a result of defending a nuisance claim that is ultimately found to be barred by the Act.
Though the Act has been in place for almost 45 years, litigation over the application of the law is still prevalent. Owners of agricultural operations that are continuing to face the effects of urban sprawl are often forced to prove that their activities are conducted with “good agricultural practices,” and also to show that their activities do not have a substantial adverse effect on the public’s health and safety. Additionally, if a farm seeks to expand the physical scope of its operation, special care will have to be taken to ensure that the expansion does not have a negative impact on residential neighbors.
If you operate an agricultural operation and you are facing complaints from your neighbors about your activities, or you plan to significantly modify those activities, seek out the attorneys at Beresford Booth. We have knowledgeable attorneys who have a long history of representing agricultural clients and protecting their interests.
To learn more about Agricultural Litigation: Washington’s Right to Farm Act, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.