Farm Operations Protection Gets Nod

Amendments to Idaho’s “Right to Farm Act” that would take away home buyers’ right to complain about nearby farm practices passed the Senate on Friday.

The legislation would allow counties to require “nuisance waivers” when people buy property. The buyer would sign the waiver, and it would be recorded with the county like a deed restriction. In the waiver, the buyer would give up all rights to bring nuisance claims against agricultural operations.

Sen. Shawn Keough, R-Sandpoint, said, “I count myself among the strongest proponents of farming, mining and logging in this state.”

But the legislation didn’t give counties any guidelines about how to construct such “nuisance waivers,” Keough said. So she voted no.

The legislation merely says, “The county planning and zoning authority may adopt a nuisance waiver procedure to be recorded with the county recorder or appropriate county recording authority pursuant to residential divisions of property.”

The law already says that no local government may declare a recognized agricultural practice to be a nuisance, or adopt zoning rules that would force closure of an agricultural operation.

The bill now goes to the House.

, DataTimes