University of Maryland Extension

How Does Maryland’s Right-to-Farm Law Compare With Other States?

Paul Goeringer

           I am continuing the right-to-farm (RTF) law series today with a comparison of Maryland’s law with other states’ RTF laws.  To recap, Ashley has provided an overview of what happened pre-RTF laws.  For anyone interested in a good overview of pre-RTF law court decisions by state, please send me an email and I will send you a copy.  Mae Johnson has provided you with an idea of what goes into mediating an action arising under Maryland’s RTF law.  By the end, hopefully you will have a better grasp on how our RTF law operates and what sets it apart from other states’ RTF laws.  If there are any other topics related to RTF laws in the state that you would like to see covered, please let us know through the Contact tab.

            RTF laws generally provide, to a qualifying agricultural operation, an affirmative defense to a nuisance action brought by a third party.  In in order to qualify for the RTF defense in many states, the agricultural operation must be complying with existing laws and regulations, utilizing best management practices, or not been operating in a negligent manner.  The rationale for this is typically that we would like operations to be running at a certain level before we offer the operation the protection which the RTF law provides.

To continue reading, click over the Maryland Risk Management Education blog.

Maintained by the IET Department of the College of Agriculture and Natural Resources. © 2021. Web Accessibility

University programs, activities, and facilities are available to all without regard to race, color, sex, gender identity or expression, sexual orientation, marital status, age, national origin, political affiliation, physical or mental disability, religion, protected veteran status, genetic information, personal appearance, or any other legally protected class. If you need a reasonable accommodation to participate in any event or activity, please contact your local University of Maryland Extension Office.