Certain agricultural activities not a nuisance

2-3202. Certain agricultural activities not a nuisance. (a) Agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding agricultural or nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance, public or private, unless the activity has a substantial adverse effect on the public health and safety. (b) If such agricultural activity is undertaken in conformity with federal, state, and local laws and rules and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety. (c) An owner of farmland who conducts agricultural activity protected pursuant to the provisions of this section: (1) May reasonably expand the scope of such agricultural activity, including, but not limited to, increasing the acreage or number of animal units or changing agricultural activities, without losing such protection so long as such agricultural activity complies with all applicable local, state, and federal environmental codes, resolutions, laws and rules and regulations; (2) may assign or transfer such protection to any successor in interest; and (3) shall not be deemed to waive such protection by temporarily ceasing or decreasing the scope of such agricultural activity. History: L. 1982, ch. 3, § 2; L. 2013, ch. 93, § 2; July 1. Law Review and Bar Journal References: "Pork, Pollution, and Pig Farming: The Truth About Corporate Hog Production in Kansas," Eric Voogt, 5 Kan. J.L. & Pub. Pol'y, No. 3, 219, 227 (1996). "Old McDonald Had a Government-Regulated-Confined-Swine-Operation; A Substitute for H.B. 2950," Dustin W. Mullin, 38 W.L.J. 655 (1999). "2013 Legislative Session Report," Callie Jill Denton, 36 J.K.A.J. No. 6 (2013). CASE ANNOTATIONS 1. Statutory protection inapplicable where change in use of agricultural land; traditional rules governing nuisance claims apply. Finlay v. Finlay, 18 Kan. App. 2d 479, 485, 856 P.2d 183 (1993). 2. There is a presumption that an agricultural activity is consistent with good agricultural practices when such activity is undertaken in conformity with federal, state and local laws and rules and regulations. However, this presumption is rebuttable, and a statutory reference to Kansas law includes the Kansas common law of torts, including trespass. Ross v. Nelson, 319 Kan. 266, 292, 554 P.3d 636 (2024). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026