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RIGHT
TO FARM LAW
ACT
133 of 1982 "Right To Farm Law"
The General
Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Legislative Policy
It is the declared policy of the Commonwealth to conserve and protect
and encourage the development and improvement of its agricultural land
for the production of food and other agricultural products.
When non-agricultural land uses extend into agricultural areas, agricultural
operations often become the subject of nuisance suits and ordinances.
As a result, agricultural operations are sometimes forced to cease operations.
Many others are discouraged from making investments in farm improvements.
It is the purpose of this act to reduce the loss to the Commonwealth
of its agricultural resources by limiting the circumstances under which
agricultural operations may be the subject matter of nuisance suits
and ordinances.
Section 2. Definitions
The following words and phrases when used in this act shall have,
unless the context clearly indicates otherwise, the meanings given to
them in this section:
"Municipality.” A county, city, borough, incorporated town,
township, or a general purpose unit of government as established by
the act of April 13, 1972 (P.L. 184, No. 62) known as the "Home
Rule Charter and Optional Plans Law."
"Normal agricultural operation.” The customary and generally
accepted activities, practices, and procedures that farmers adopt, use
or engage in year after year in the production and preparation for market
of poultry, livestock and their products and in the production and harvesting
of agricultural, agronomic, horticultural, silvicultural, aquicultural
crops and commodities and is:
(1) not less than ten contiguous acres in area; or
(2) less than ten contiguous acres in area but has an anticipated yearly
gross income of at least $10,000.
Section 3. Limitation on Local Ordinances
(a) Every municipality shall encourage the continuity, development,
and viability of agricultural operations within its jurisdiction. Every
municipality that defines or prohibits a public nuisance shall exclude
from the definition of such nuisance any agricultural operation conducted
in accordance with normal agricultural operations so long as the agricultural
operation does not have a direct adverse effect on the public health
and safety.
(b) Direct commercial sales of agricultural commodities upon property
owned and operated by a landowner who produces not less than 50% of
the commodities sold shall be authorized, notwithstanding municipal
ordinance, public nuisance or zoning prohibitions. Such direct sales
shall be authorized without regard to the 50% limitation under circumstances
of crop failure due to reasons beyond the control of the landowner.
Section 4. Limitation on Public Nuisances
(a) No nuisance action shall be brought against an agricultural
operation which has lawfully been in operation for one year or more
prior to the date of bringing such action, where the conditions or circumstances
complained of as constituting the basis for the nuisance action have
existed substantially unchanged since the established date of operation
and are normal agricultural operations, or if the physical facilities
of such agricultural operations are substantially expanded or substantially
altered and the expanded or substantially altered facility has been
in operation for one year or more prior to the date of bringing such
action: Provided, however, that nothing herein shall in any way restrict
or impede the authority of this State from protecting the public health,
safety and welfare or the authority of a municipality to enforce State
law.
(b) The provisions of this section shall not affect or defeat the right
of any person, firm or corporation to recover damages for any injuries
or damages sustained by them on account of any agricultural operation
or any portion of an agricultural operation which is conducted in violation
of any Federal, State or local statute or governmental regulation which
applies to that agricultural operation or portion thereof.
Section 5. Water Damages
The provisions of Section 4 shall not affect or defeat the right
of any person, firm or corporation to recover damages for any injuries
or damages sustained by him or it on account of any pollution of, or
change in condition of, the waters of any stream or on account of any
flooding of lands to any such person, firm or corporation.
Section 6. Saving Clause
(a) This act shall not be construed to invalidate any contract made
prior to its effective date nor shall it be construed to apply to any
suit brought prior to its effective date.
(b) The provisions of this act shall not affect or defeat the intent
of any Federal, State or local statute or governmental regulation except
nuisance ordinances as they apply to any normal agricultural operation.
Section 7. Severability
If any provision of this act or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the act which can be given effect without
the invalid provision or application, and to this end the provisions
of this act are declared to be severable.
Section 8. Effective Date
This act shall take effect in 60 days (August 9, 1982). Amended,
Act 1002-6 (March 9, 1992).
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