78B-6-1104.   Agricultural operations -- Nuisance liability.

(1) Activities conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices are presumed to be reasonable and not constitute a nuisance.

(2) Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices. 

Amended by Chapter 21, 2009 General Session