Ohio Code 929.04 – Defense to civil action for nuisance
(A) As used in this section, “agricultural activities” means common agricultural practices, including all of the following:
Terms Used In Ohio Code 929.04
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: means the state of Ohio. See Ohio Code 1.59
(1) The cultivation of crops or changing crop rotation;
(2) Raising of livestock or changing the species of livestock raised;
(3) Entering into and operating under a livestock contract;
(4) The storage and application of commercial fertilizer;
(5) The storage and application of manure;
(6) The storage and application of pesticides and other chemicals commonly used in agriculture;
(7) A change in corporate structure or ownership;
(8) An expansion, contraction, or change in operations;
(9) Any agricultural practice that is acceptable by local custom.
(B) In a civil action for nuisances involving agricultural activities, it is a complete defense if:
(1) The agricultural activities were conducted within an agricultural district or on land devoted exclusively to agricultural use in accordance with section 5713.30 of the Revised Code, or were conducted by a person pursuant to a lease agreement, written or otherwise;
(2) The agricultural activities were established prior to the plaintiff‘s activities or interest on which the action is based;
(3) The agricultural activities were not in conflict with federal, state, and local laws and rules relating to the alleged nuisance or were conducted in accordance with generally accepted agriculture practices.
The plaintiff may offer proof of a violation independently of proof of a violation or conviction by any public official.