SB61 Alabama 2010 Session

Summary

Primary Sponsor

Kim Benefield

Democrat

Session

Regular Session 2010

Title

Farms and farm operations, nuisance actions, may not be declared as public or private nuisance or to be in violation of municipal or county ordinance if operated lawfully and under certain conditions, Family Farm Preservation Act

Summary

The Alabama Family Farm Preservation Act protects lawful family farms from nuisance claims by local governments if they meet defined conditions.

What This Bill Does

If a farm operates lawfully and follows generally accepted agricultural practices, it cannot be labeled a public or private nuisance or violate local ordinances. To qualify, the owner must not act carelessly, must reside on the farm or actively participate in the operation (or lease to someone who does), must conform to accepted practices and health rules, and the farm must not be a CAFO at the time or after any expansion. The act also notes that nuisance can be shown by other factors, but these criteria must be considered, and it requires local governments to refrain from declaring qualifying farms nuisances. It further requires state agencies to share nonproprietary information about CAFO permits with the public and to follow federal guidelines when handling notices and permits.

Who It Affects

• Family farms and their owners or operators, who gain protection from nuisance designations if they meet the specified conditions.
• Local governments (cities and counties) and state agencies involved in agriculture, environment, and health, who are restricted from declaring qualifying farms as nuisances and must provide CAFO permit information to the public in line with federal rules.

Key Provisions

• Section 1 establishes the Act name and its purpose to protect lawful family farms from nuisance classifications when operated in compliance with accepted practices.
• Section 2 defines key terms: FARM, FARM OPERATION, and FARM PRODUCTS.
• Section 3 creates a nuisance exemption for farms meeting four requirements: no careless or wrongful conduct, owner resides on or actively participates, conformity to accepted practices and health procedures, and not being a CAFO at the effective date or after expansions.
• Section 3 also lists evidence that can show nuisance but states these are not the only factors to consider, and it prohibits CAFO related issues from automatically creating nuisance findings in certain cases.
• Section 5 bars municipalities and counties from declaring or treating qualifying farms as nuisances, aligning local rules with state and federal law.
• Section 6 requires public notice and access to nonproprietary information about CAFO permits, directing agencies to follow applicable rules and federal guidelines.
• Sections 7 and 8 state that the act is supplemental, with severability if parts are invalid, and Section 9 sets immediate effectiveness upon passage.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Agriculture