Connecticut General Statutes

Conn. Gen. Stat. § 19a-341 (2026)

Agricultural or farming operation not deemed a nuisance; exceptions. Spring or well water collection operation not deemed a nuisance

✓ current as of May 2026

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(a) Notwithstanding the provisions of any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (1) odor from livestock, manure, fertilizer or feed, (2) noise from livestock or farm equipment used in normal, generally acceptable farming procedures, (3) dust created during plowing or cultivation operations, (4) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Energy and Environmental Protection or, where applicable, the Commissioner of Public Health, or (5) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Energy and Environmental Protection; provided such agricultural or farming operation, place, establishment or facility has been in operation for one year or more and has not been substantially changed, and such operation follows generally accepted agricultural practices. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commissioner of Agriculture or the commissioner's designee shall be prima facie evidence that such operation follows generally accepted agricultural practices and constitutes agriculture or farming pursuant to subsection (q) of section 1-1, or is classified as farm land or open space land pursuant to sections 12-107b to 12-107f, inclusive.

(b) Notwithstanding the provisions of any general statute or municipal ordinance or regulation pertaining to nuisances, no operation to collect spring water or well water, as defined in section 21a-150, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable noise from equipment used in such operation provided the operation (1) conforms to generally accepted practices for the collection of spring water or well water, (2) has received all approvals or permits required by law, and (3) complies with the local zoning authority's time, place and manner restrictions on operations to collect spring water or well water.

(c) The provisions of this section shall not apply whenever a nuisance results from negligence or wilful or reckless misconduct in the operation of any such agricultural or farming operation, place, establishment or facility, or any of its appurtenances.

(P.A. 81-226; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-11, S. 53, 65; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 11-80, S. 1; P.A. 24-70, S. 1.)

History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-11 added new Subsec. (b) re collection of spring or well water and redesignated existing Subsec. (b) as Subsec. (c), effective July 1, 1997; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed S. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; P.A. 24-70 amended Subsec. (a) to make technical changes and add provision re constituting agriculture or farming pursuant to Sec. 1-1 and farm land or open space land classification and amended Subsec. (b) to make a technical change, effective July 1, 2024.

Elements of common law private nuisance claim discussed. 259 C. 345.

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Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2001–2024 · leading case: Pestey v. Cushman, 788 A.2d 496 (Conn. 2002).

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Pestey v. Cushman, 788 A.2d 496 (Conn. 2002). · cites it 7× “General Statutes § 19a-341 provides in relevant part: “(a) Notwithstanding any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or…”

Lane v. Cashman, 180 A.3d 13 (Conn. App. Ct. 2018). · cites it 10× “d third special defense in its entirety on the grounds that it failed to state a claim upon which relief could be granted and was, in part, unresponsive to the request to revise inasmuch as it injected into the special defense a new claim that appeared to challenge the validity…”

Wood v. Zoning Bd. of Appeals, 784 A.2d 354 (Conn. 2001). · cites it 6× “Moreover, General Statutes § 19a-341 (b) simply provides that an operation to collect spring water that meets certain requirements and complies with all applicable zoning regulations shall not constitute a nuisance.”

Ammirata v. Zoning Bd. of Appeals, 782 A.2d 1285 (Conn. App. Ct. 2001). · cites it 11× “17 of the Redding zoning regulations, which protect nonconforming uses, (4) General Statutes § 19a-341, concerning the right to farm, bars the zoning commission from requiring a management plan for farm property and (5) the doctrine of municipal estoppel prohibits the town of…”

Ammirata v. Zoning Bd. of Appeals, 826 A.2d 170 (Conn. 2003). · cites it 2× “17 of the Redding zoning regulations, which protect nonconforming uses, [3] General Statutes § 19a-341, concerning the right to farm, bar[red] the zoning commission from requiring a management plan for farm property and [4] [because Redding municipal officials allegedly had…”

Morgan HONOMICHL, Robin Honomichl, Timothy Honomichl, Deb Chance, Kara Chance, Karen Jo Frescoln, Mike Merrill, & Q.H., Appellee, v. VALLEY VIEW SWINE, LLC & JBS Live Pork, LLC, Appellants., 914 N.W.2d 223 (Iowa 2018). “(2018) ); Conn. Gen. Stat. Ann. § 19a-341 (West, Westlaw through public acts enacted on or before June 6, 2018); Del.”

State ex rel. Dunn v. Burton (Conn. App. Ct. 2024). · cites it 11× “2022) § 22-329a (b),1 (3) she was ‘‘denied due process when she was not allowed to present [her] motion to suppress for adjudication,’’ (4) she was entitled to notice and a hearing prior to the seizure of her goats pursuant to General Statutes § 19a-341,2 (5) the court…”

Velda J. Shore v. Maple Lane Farms, LLC (Tenn. Ct. App. 2012). “; Connecticut, Conn. Gen. Stat. Ann. § 19a-341; Delaware, Del.”

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