4-44 - Agricultural Operations Nuisances Act
Title 4 > 4-44
Sections (4)
General Provisions
4-44-101 - Title.
This chapter is known as “Agricultural Operations Nuisances Act.”
Enacted by Chapter 81, 2019 General Session
4-44-102 - Definitions.
As used in this chapter:
(1) “Agricultural operation” means the commercial production of crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products.”Agricultural operation” includes:the real property where the commercial production described in Subsection (1)(a) occurs;a facility, a property, or equipment used to facilitate the commercial production described in Subsection (1)(a);an agritourism activity, as defined in Section 78B-4-512; oran agricultural protection area established under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials.
(2) “Fundamental change to the operation” does not include:a change in ownership or size;an interruption of farming for a period of no more than three years;participation in a government-sponsored agricultural program;employment of new technology; ora change in the type of agricultural product produced.
(3) “Nuisance” means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
Amended by Chapter 16, 2025 Special Session 1
Nuisance Actions
4-44-201 - Defenses in nuisance actions.
(1) It is a defense in a civil action for nuisance against an agricultural operation that: the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; orthe action is filed more than one year after:the establishment of the agricultural operation; orthe agricultural operation undergoes a fundamental change.
(2) This section may not be construed to invalidate any contract made before May 14, 2019.
(3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to: the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; orthe plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.
(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.
Enacted by Chapter 81, 2019 General Session
4-44-202 - Application of other statutes — Ordinances.
(1) In a civil action for nuisance or a criminal action for public nuisance under Section 76-9-1301, it is a defense if the action involves agricultural operations and those agricultural operations are conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices.Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
(2) If the agricultural operations occur in an agricultural protection area, as defined in Section 17-41-101, Section 17-41-403 governs the action for nuisance.
(3) An ordinance of a political subdivision that would make the operation of an agricultural operation or appurtenances to an agricultural operation a nuisance or that provide for abatement of the agricultural operation as a nuisance does not apply to an agricultural operation that is conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices.An agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
Amended by Chapter 173, 2025 General Session