Wash. Rev. Code » Title 7 · Chapter 7.48
Revised Code of Washington

Wash. Rev. Code § 7.48.315 (2026)

✓ current as of May 2026
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(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(2) A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(3) The costs and expenses that may be recovered according to subsection (1) or (2) of this section include actual damages and reasonable attorneys' fees and costs. For the purposes of this subsection, "actual damages" include lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
(4) In addition to any sums recovered according to subsection (1) or (2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
(5) A farmer may not recover the costs and expenses authorized in this section from a state or local agency that investigates or pursues an enforcement action pursuant to an allegation as specified in subsection (2) of this section.
[ 2005 c 511 s 1.]
Notes of Decisions
Cited in 4 cases, 2014–2014 · leading case: Gamboa v. Clark, 321 P.3d 1236 (Wash. Ct. App. 2014).
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Gamboa v. Clark, 321 P.3d 1236 (Wash. Ct. App. 2014). · cites it 6× “Does reversal of the trial court require an award of attorney fees to the Clarks under RCW 7.48.315? ¶48 In response to the Gamboas’ suit, the Clarks asserted counterclaims and prayed for an award of attorney fees and costs.”
Segura v. Cabrera, 319 P.3d 98 (Wash. Ct. App. 2014). · cites it 2× “For example, RCW 7.48.315 permits a *645 farmer who prevails in any action alleging that agriculture activity constitutes a nuisance to recover “actual damages,” and “actual damages” is defined as including “lost revenue and the replacement value of crops or livestock damaged.”
Magdaleno Gamboa, et ux v. John M. Clark, et ux (Wash. Ct. App. 2014). · cites it 5× “Does reversal of the trial court require an award of attorney fees to the Clarks under RCW 7.48.315? In response to the Gamboas' suit, the Clarks asserted counterclaims and prayed for an award of attorney fees and costs.”
Jose Segura, et ux v. Rogaciano Cabrera, et ux (Wash. Ct. App. 2014). · cites it 2× “For example, RCW 7.48.315 permits a farmer, who prevails in any action alleging that agriculture activity constitutes a nuisance, to recover "actual damages," and "actual damages" is defined as including "lost revenue and the replacement value of crops or livestock damaged.”
— Wash. Rev. Code § 7.48.315(2) — 1 case
Gamboa v. Clark, 321 P.3d 1236 (Wash. Ct. App. 2014). “Does reversal of the trial court require an award of attorney fees to the Clarks under RCW 7.48.315? ¶48 In response to the Gamboas’ suit, the Clarks asserted counterclaims and prayed for an award of attorney fees and costs.”
— Wash. Rev. Code § 7.48.315(3) — 2 cases
Segura v. Cabrera, 319 P.3d 98 (Wash. Ct. App. 2014). “For example, RCW 7.48.315 permits a *645 farmer who prevails in any action alleging that agriculture activity constitutes a nuisance to recover “actual damages,” and “actual damages” is defined as including “lost revenue and the replacement value of crops or livestock damaged.”
Jose Segura, et ux v. Rogaciano Cabrera, et ux (Wash. Ct. App. 2014). “For example, RCW 7.48.315 permits a farmer, who prevails in any action alleging that agriculture activity constitutes a nuisance, to recover "actual damages," and "actual damages" is defined as including "lost revenue and the replacement value of crops or livestock damaged.”
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