{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-302.html"}],"law_id":61959,"edition_id":1,"section_id":61959,"structure_id":15936,"section_number":"3.2-302","catch_line":"When agricultural operations do not constitute nuisance","history":"1981, c. 384, \u00a7 3.1-22.29; 1994, c. 779; 2008, c. 860; 2018, cc. 147, 677.","full_text":"A\n\nNo agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in substantial compliance with any applicable best management practices in use by the operation at the time of the alleged nuisance and with any applicable laws and regulations of the Commonwealth relevant to the alleged nuisance. No action shall be brought by any person against any agricultural operation the existence of which was known or reasonably knowable when that person’s use or occupancy of his property began.\n\t\t\tThe provisions of this section shall apply to any nuisance claim brought against any party that has a business relationship with the agricultural operation that is the subject of the alleged nuisance. The provisions of this section shall not apply to any action for negligence or any tort other than a nuisance.\n\t\t\tFor the purposes of this subsection, “substantial compliance” means a level of compliance with applicable best management practices, laws, or regulations such that any identified deficiency did not cause a nuisance that created a significant risk to human health or safety. Agricultural operations shall be presumed to be in substantial compliance absent a contrary showing.B\n\nThe provisions of subsection A shall not affect or defeat the right of any person to recover damages for any injuries or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person.C\n\nOnly persons with an ownership interest in the property allegedly affected by the nuisance may bring an action for private nuisance. Any compensatory damages awarded to any person for a private nuisance action not otherwise prohibited by this section, where the alleged nuisance emanated from an agricultural operation, shall be measured as follows:1\n\nFor a permanent nuisance, by the reduction in fair market value of the person’s property caused by the nuisance, but not to exceed the fair market value of the property; or2\n\nFor a temporary nuisance, by the diminution of the fair rental value of the person’s property.\n\t\t\t\tThe combined recovery from multiple actions for private nuisance brought against any agricultural operation by any person or that person’s successor in interest shall not exceed the fair market value of the subject property, regardless of whether any subsequent action is brought against a different defendant than any preceding action.D\n\nNotwithstanding subsection C, for any nuisance claim not otherwise prohibited by this section, nothing herein shall limit any recovery allowed under common law for physical or mental injuries that arise from such alleged nuisance and are shown by objective and documented medical evidence to have endangered life or health.E\n\nAny and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and void.","order_by":null,"text":{"0":{"id":226179,"text":"No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in substantial compliance with any applicable best management practices in use by the operation at the time of the alleged nuisance and with any applicable laws and regulations of the Commonwealth relevant to the alleged nuisance. No action shall be brought by any person against any agricultural operation the existence of which was known or reasonably knowable when that person’s use or occupancy of his property began.\n\t\t\tThe provisions of this section shall apply to any nuisance claim brought against any party that has a business relationship with the agricultural operation that is the subject of the alleged nuisance. The provisions of this section shall not apply to any action for negligence or any tort other than a nuisance.\n\t\t\tFor the purposes of this subsection, “substantial compliance” means a level of compliance with applicable best management practices, laws, or regulations such that any identified deficiency did not cause a nuisance that created a significant risk to human health or safety. Agricultural operations shall be presumed to be in substantial compliance absent a contrary showing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226180,"text":"The provisions of subsection A shall not affect or defeat the right of any person to recover damages for any injuries or damages sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226181,"text":"Only persons with an ownership interest in the property allegedly affected by the nuisance may bring an action for private nuisance. Any compensatory damages awarded to any person for a private nuisance action not otherwise prohibited by this section, where the alleged nuisance emanated from an agricultural operation, shall be measured as follows:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":226182,"text":"For a permanent nuisance, by the reduction in fair market value of the person’s property caused by the nuisance, but not to exceed the fair market value of the property; or","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":226183,"text":"For a temporary nuisance, by the diminution of the fair rental value of the person’s property.\n\t\t\t\tThe combined recovery from multiple actions for private nuisance brought against any agricultural operation by any person or that person’s successor in interest shall not exceed the fair market value of the subject property, regardless of whether any subsequent action is brought against a different defendant than any preceding action.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":226184,"text":"Notwithstanding subsection C, for any nuisance claim not otherwise prohibited by this section, nothing herein shall limit any recovery allowed under common law for physical or mental injuries that arise from such alleged nuisance and are shown by objective and documented medical evidence to have endangered life or health.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":226185,"text":"Any and all ordinances of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and void.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15936,"edition_id":1,"name":"Right to Farm","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":13126,"metadata":{},"date_created":"2026-06-26 04:02:18","date_modified":"2026-06-26 04:02:18","permalink":{"id":194087,"object_type":"structure","relational_id":15936,"identifier":"3","token":"3.2\/I\/3","url":"\/3.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13126,"edition_id":1,"name":"General Provisions; Protection and Promotion of Agriculture","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":193941,"object_type":"structure","relational_id":13126,"identifier":"I","token":"3.2\/I","url":"\/3.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62811,"structure_id":15936,"section_number":"3.2-300","catch_line":"Definitions","url":"\/3.2-300\/","token":"3.2\/I\/3\/3.2-300","metadata":false},{"id":68035,"structure_id":15936,"section_number":"3.2-301","catch_line":"Right to farm; restrictive ordinances","url":"\/3.2-301\/","token":"3.2\/I\/3\/3.2-301","metadata":false},{"id":61959,"structure_id":15936,"section_number":"3.2-302","catch_line":"When agricultural operations do not constitute nuisance","url":"\/3.2-302\/","token":"3.2\/I\/3\/3.2-302","metadata":false}],"previous_section":{"id":68035,"structure_id":15936,"section_number":"3.2-301","catch_line":"Right to farm; restrictive ordinances","url":"\/3.2-301\/","token":"3.2\/I\/3\/3.2-301","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-302\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 384 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 779<\/a>; in 2008, chapter 860<\/a>; in 2018, chapters 147<\/a> and 677<\/a>.<\/p>","references":[{"id":65275,"section_number":"36-9.1","catch_line":"Exemptions from applicability of this chapter; conflicts in provisions of law","order_by":null,"url":"\/36-9.1\/"}],"refers_to":false,"permalink":{"id":194097,"object_type":"law","relational_id":61959,"identifier":"3.2-302","token":"3.2\/I\/3\/3.2-302","url":"\/3.2-302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-302\/","token":"3.2\/I\/3\/3.2-302","dublin_core":{"Title":"When agricultural operations do not constitute nuisance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No agricultural operation<\/span> or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in substantial compliance<\/span> with any applicable best management practices in use by the operation at the time of the alleged nuisance and with any applicable laws<\/span> and regulations of the Commonwealth relevant to the alleged nuisance. No action shall be brought by any person against any agricultural operation<\/span> the existence of which was known or reasonably knowable when that person’s use or occupancy of his property began.\n\t\t\tThe provisions of this section shall apply to any nuisance claim brought against any party<\/span> that has a business relationship with the agricultural operation<\/span> that is the subject of the alleged nuisance. The provisions of this section shall not apply to any action for negligence<\/span> or any tort<\/span> other than a nuisance.\n\t\t\tFor the purposes of this subsection, “substantial compliance<\/span>” means a level of compliance with applicable best management practices, laws<\/span>, or regulations such that any identified deficiency did not cause a nuisance that created a significant risk to human health or safety. Agricultural operations<\/span> shall be presumed to be in substantial compliance<\/span> absent a contrary showing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of subsection A shall not affect or defeat the right of any person to recover damages<\/span> for any injuries or damages<\/span> sustained by them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Only persons with an ownership interest in the property allegedly affected by the nuisance may bring an action for private nuisance. Any compensatory damages<\/span> awarded to any person for a private nuisance action not otherwise prohibited by this section, where the alleged nuisance emanated from an agricultural operation<\/span>, shall be measured as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a permanent nuisance, by the reduction in fair market value of the person’s property caused by the nuisance, but not to exceed the fair market value of the property; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For a temporary nuisance, by the diminution of the fair rental value of the person’s property.\n\t\t\t\tThe combined recovery from multiple actions for private nuisance brought against any agricultural operation<\/span> by any person or that person’s successor in interest shall not exceed the fair market value of the subject property, regardless of whether any subsequent action is brought against a different defendant<\/span> than any preceding action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding subsection C, for any nuisance claim not otherwise prohibited by this section, nothing herein shall limit any recovery allowed under common law<\/span> for physical or mental injuries that arise from such alleged nuisance and are shown by objective and documented medical evidence<\/span> to have endangered life or health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any and all ordinances<\/span> of any unit of local government now in effect or hereafter adopted that would make the operation of any such agricultural operation<\/span> or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null and void. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN AGRICULTURAL OPERATIONS DO NOT CONSTITUTE NUISANCE (\u00a7 3.2-302)\n\nA. No agricultural operation or any of its appurtenances shall be or become a\nnuisance, private or public, if such operations are conducted in substantial\ncompliance with any applicable best management practices in use by the operation\nat the time of the alleged nuisance and with any applicable laws and regulations\nof the Commonwealth relevant to the alleged nuisance. No action shall be brought\nby any person against any agricultural operation the existence of which was\nknown or reasonably knowable when that person’s use or occupancy of his\nproperty began.\n\t\t\tThe provisions of this section shall apply to any nuisance claim brought\nagainst any party that has a business relationship with the agricultural\noperation that is the subject of the alleged nuisance. The provisions of this\nsection shall not apply to any action for negligence or any tort other than a\nnuisance.\n\t\t\tFor the purposes of this subsection, “substantial compliance”\nmeans a level of compliance with applicable best management practices, laws, or\nregulations such that any identified deficiency did not cause a nuisance that\ncreated a significant risk to human health or safety. Agricultural operations\nshall be presumed to be in substantial compliance absent a contrary showing.\n\nB. The provisions of subsection A shall not affect or defeat the right of any\nperson to recover damages for any injuries or damages sustained by them on\naccount of any pollution of, or change in condition of, the waters of any stream\nor on the account of any overflow of lands of any such person.\n\nC. Only persons with an ownership interest in the property allegedly affected by\nthe nuisance may bring an action for private nuisance. Any compensatory damages\nawarded to any person for a private nuisance action not otherwise prohibited by\nthis section, where the alleged nuisance emanated from an agricultural\noperation, shall be measured as follows:\n\n 1. For a permanent nuisance, by the reduction in fair market value of the\n person’s property caused by the nuisance, but not to exceed the fair\n market value of the property; or\n\n 2. For a temporary nuisance, by the diminution of the fair rental value of the\n person’s property.\n \t\t\t\tThe combined recovery from multiple actions for private nuisance brought\n against any agricultural operation by any person or that person’s\n successor in interest shall not exceed the fair market value of the subject\n property, regardless of whether any subsequent action is brought against a\n different defendant than any preceding action.\n\nD. Notwithstanding subsection C, for any nuisance claim not otherwise prohibited\nby this section, nothing herein shall limit any recovery allowed under common\nlaw for physical or mental injuries that arise from such alleged nuisance and\nare shown by objective and documented medical evidence to have endangered life\nor health.\n\nE. Any and all ordinances of any unit of local government now in effect or\nhereafter adopted that would make the operation of any such agricultural\noperation or its appurtenances a nuisance or providing for abatement thereof as\na nuisance in the circumstance set forth in this section are and shall be null\nand void.\n\nHISTORY: 1981, c. 384, \u00a7 3.1-22.29; 1994, c. 779; 2008, c. 860; 2018, cc. 147,\n677.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}