Maryland's Right-to-Farm law upheld by key court ruling. Here's all to know.

Poultry industry leaders are lauding a court ruling that bolstered Right-to-Farm protections in Maryland, a decision that also has implications for the rest of the Eastern Shore.

The Delmarva Chicken Association, Maryland Farm Bureau and Maryland Grain Producers Association applauded the Appellate Court of Maryland ruling that affirmed a Talbot County farm’s ability to use modern nutrient management techniques.

The May 30 ruling, in the case of Cheryl Lewis, et al., written by Judge Glenn T. Harrell, Jr., affirmed the principle that Maryland’s Right-to-Farm law broadly shields farmers and their operations from vexatious lawsuits. Maryland’s Right-to-Farm law protects farm operations from litigation asserting that the farm is a nuisance or that a farm interferes with others’ use of their property, as long as they are using standard agricultural practices.

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What the ruling on Maryland's Right-to-Farm law means

“As Maryland’s rural regions face increasing pressure from development, it’s crucial to protect farmers’ rights and to keep commonly accepted agricultural practices in their toolboxes,” said Holly Porter, Delmarva Chicken Association's executive director. “Even though this lawsuit did not directly involve a chicken grower, a loss in court would have been detrimental to every farmer and grower in the state. We’re heartened that the Appellate Court of Maryland made this ruling.”

In the case, the Circuit Court for Talbot County had previously reversed a Talbot County Agricultural Resolution Board ruling that a particular Talbot County farm was protected by Maryland’s Right-to-Farm law.

The circuit court decision had questioned "a suspected discrepancy in the law," setting a precedent that could allow farmers to be sued while following normal agricultural practices. However, Judge Harrell’s May 30 ruling overruled the circuit court opinion and found that the Talbot County Agricultural Resolution Board had made the correct decision.

The Maryland Farm Bureau, Delmarva Chicken Association and Maryland Grain Producers Association submitted friend-of-the-court briefs in the appeals process arguing that the Right-to-Farm law rightfully covered the farm in question.

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When Maryland’s General Assembly modified the Right-to-Farm law in 1998, it “contemplated a scenario like the one at issue here: an expanded nutrient management system. That regulation does not require a particular agricultural operation to exist for one year in order to enjoy liability protection,” wrote Judge Harrell in the decision.

The ruling speaks directly to other similar cases filed by the community in other jurisdictions about agriculture on issues including the smell from fields using certain soil amendments, possible health issues as a result of the odors,and runoff issues in local waterways.

"Maryland introduced a Right-to-Farm law in 1981 to shield agricultural activities from complaining nonfarm neighbors by providing a defense for nuisance actions brought against farms and other agricultural operations,” said Jamie Raley, president of the Maryland Farm Bureau. "Maryland Farm Bureau initiated the appeal of the Talbot County case to protect the RTF for our farmer members. We are pleased that the Appellate Court of Maryland upheld the RTF and brought clarity and certainty to the law."

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This article originally appeared on Salisbury Daily Times: Maryland ruling bolsters Right-to-Farm protections. All to know.