PLYMOUTH – Right to Farm Laws prohibit local governments from placing restrictions on agricultural practices like spreading manure or storing field machinery and vehicles outdoors.
The law also prevents neighbors from filing lawsuits against farms for creating odors, noises and dust.
Monday, the Plymouth Town Board unanimously passed its own Right to Farm law, 5-0, after a short public hearing.
The measure will protect existing farms from new landowners that may not be used to, or have unfounded gripes against, agriculture operations, say town Supervisor Jerry Kreiner and Councilman Robert Baker.
“It makes sense,” said Kreiner. “People need to realize this is a farming community. It’s a big part of our economy, and they have to realize it’s here.”
Under the law, any party looking to purchase property within 500 feet of a farm operation must be notified before the sale.
Also, complaints against a farm operation, if unable to be worked out, will have to filed with a dispute resolution committee appointed by the town. If that doesn’t work, the state Department of Agriculture and Markets will make a final determination.
While it protects conventional farms, critics of Right to Farm say the law sets a precedent for unsound agriculture operations to move in because legal tools, like the ability to file a lawsuit in open court, are taken away from landowners, new and old, and replaced with layers of bureaucratic hearings.
According to copy obtained Monday, the law protects “sound” agricultural practices that are:
• Reasonable and necessary to the particular farm or farm operation.
• Conducted in a manner which is not negligent or reckless.
• Conducted in conformity with generally accepted and sound agricultural practices.
• Conducted in conformity with all local, state and federal laws and regulations.
• Conducted in a manner which does not constitute a threat to public health and safety or cause injury to health or safety of any person.
• Conducted in a manner which does not reasonably obstruct free passage, or use of navigable waters, or public roadways.
The law also states: “Farmers, as well as those employed, retained, or otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within this town at all times and all such locations as are reasonably necessary to conduct the business of agriculture.”
Baker grew up on a farm in North Norwich and understands the industry’s importance locally, he said, adding that if farmers have to spread manure over the winter, “You’ve got a right to do that on you’re land.”
Kreiner added that the law will also protect potential landowners, by letting them know upfront if the property they’re interested in could be affected by a farm operation.
During a public comment period that lasted three minutes, Margaret Kreiner and Rena Doing, both Town of Plymouth residents, voiced their support of the law. No one spoke up against it.
“I’m 100 percent for this,” said Margaret Kreiner. “I think (farming) is part of the community, and part of the county.”
The law will become effective immediately once it’s filed with the Secretary of State.