We’re now in the thick of the Gov. Brian Kemp’s bill signing period. Barring something highly unlikely, no vetoes are expected. One item on the signing list this week is the Freedom to Farm Act, a bill that has been percolating at the Capitol for a couple sessions but finally made it through this year.
The bill essentially gives farmers – and thus Georgia’s largest industry – protection from lawsuits filed over nuisance complaints, regarding sound or smell or other things that might drift off of a farm property and into a neighbor’s area. Often thought of as protection for farmers on the outskirts of a growing metro area, think of a farmer in Fayette County perhaps, the bill also crucially gives protection to those in rural areas who may find themselves with new neighbors. In an era of work from home and rethinking of things during COVID, there are a lot of people out there who dream of a life in the country – only to find that the country can have farm smells and sounds that do not necessarily come across on Instagram.
There was some previous legislation that covered this area but left open an option for “changed condition” that was ambiguous and was in some cases being used to qualify “new neighbors” as a changed condition. Environmental groups had expressed some opposition concerned over the bill allowing too much leniency for farmers over land use and pollution.
“It’s been a long time coming and it’s been thoroughly vetted. There’s nothing in the bill that will allow a farmer to violate environmental standards. This is just to protect against nuisance suits of people that think they want to be in the country until they see what the country smells like,” Rep. Clay Pirkle (R-Ashburn) told InsiderAdvantage. Pirkle knows whereof he speaks, being a peanut farmer himself but also with a degree in economics from Georgia Tech.
The bill also gives some protection to farmers in urban areas, Atlanta perhaps, who are growing for a market looking for as local as possible but who may have neighbors unaccustomed to farm needs. The bill specifically gives agricultural operations protection after two years of operation, assuming they are complying with all local laws, regulation and zoning. The bill does not supercede any local laws on where farms can be located or operate. If a city will not allow agricultural activity in an area, a farm cannot set up there and expect protection from this bill.
“Georgia Farm Bureau (GFB) has long believed that Georgia farmers have the right to make a living without fear of being sued out of business for nuisance over normal farming practices,” said GFB President (and former long-time legislator) Tom McCall. “The Freedom to Farm Bill protects that right for producers who operate in the way they are supposed to, in the places they are supposed to. We’re grateful that our state lawmakers understand the importance of protecting Georgia’s largest industry and we thank those who supported this bill.”
