Yankton County, South Dakota residents are evaluating the possibility of adopting a Right to Farm covenant. They learned what protections are afforded under the clause at a meeting hosted by Families Feeding Families. Sioux Falls attorney Brian Donahoe says all 50 states have some type of Right to Farm protection. However, when written correctly and adopted on a county basis the protections in the measure can be substantial for both farmers and the county, especially for nuisance claims like odor.

Donahoe’s message was that it is much better to have a Right to Farm covenant in place and if it is written well it can provide a legal shield for farmers in lawsuits and offer them the freedom to operate.

Donahoe also detailed how a Right to Farm clause could be added to a county’s existing zoning ordinance.

Currently Minnehaha, Lincoln and Turner Counties all have Right to Farm covenants to protect farmers in areas of higher urban populations. Donahoe says he has defended farms in lawsuits in those counties and the clause provided a very strong defense to the court.