The following material is excerpted from the publication, "Cultivating Farm, Neighbor, and Community Relations". To order the complete publication, click here and select "Publication Order Form".

Introduction

As farms expand in size, agricultural technology changes, and more non-farm people move to the countryside, conflict between farmers and their non-farm neighbors is likely to increase. In view of these trends, farmers cannot afford to ignore the impacts of their operations on others in their communities. Change is inevitable, and rather than resist it, farmers need to make it work to their advantage. But farmers should not be alone in this. Their neighbors and the community at large also share the responsibility for good relations.

Most rural residents, however, have lost personal connections with agriculture. The best approach, then, is one which routinely brings farmers and neighbors together, promotes understanding, tolerance, flexibility, and ultimately minimizes conflict. This strategy is working for a growing number of farmers and communities. The key is in managing negative impacts and taking advantage of the many positive contributions of agriculture to the rural landscape, the economy, and society as a whole.

Causes of Farm-Related Land-Use Conflict

It is important to understand the underlying causes of farm-related land-use conflict. Below are some examples of general complaints rural residents might have against neighboring farms:

• odor from manure or chemicals
• use of pesticides and chemicals
• noise, dust, insects
• large, slow-moving equipment on roads
• surface or ground water pollution
• unsightly farmstead, burning of trash, farm dumps
• animal welfare

Some of the legal categories of claims these complaints fall into:

Nuisance
A nuisance is an activity which unreasonably and substantially interferes with another person's use and enjoyment of their property. They fall into two categories: public or private nuisances.

Negligence
A farmer may be found negligent if his or her carelessness leads to the injury of a neighbor or others in the community.

Trespass
Usually, we think of trespassing as walking onto someone else's property without permission. The courts have determined that the movement of wastes, nitrates, chemicals, and eroded soil across property boundaries may also constitute a trespass - if it deprives the neighbor of the use and enjoyment of their property.

The flip side of the coin is that farmers may have complaints about their neighbors or the community at large. A New Jersey study found that most farmer's complaints related to trespassing, vandalism, and municipal ordinances. From time to time, farmers may have problems with unwelcome hunters, hiker, or other people looking for recreational opportunities. Theft or destruction of farmer's properties may also be a serious problem for farmers near urban development.

Right-To-Farm Laws

Concern for farmer's vulnerability to nuisance suits has prompted all 50 states to enact legislation designed ostensibly to help farmers defend themselves. So called "right to farm laws attempt to ensure that farmers are generally free to use their property as long as:

• they do not substantially impair a neighbor's ability to use and enjoy their property; and
• these activities do not pose hazards to health and safety.

Cultivating Farm, Neighbor, and Community Relations

Understanding the potential sources of conflict is not enough to keep them from happening. Farmers, their neighbors, and the community at large all have a role to play in maintaining good relationships. Communities, and many of the benefits of rural life, come from people working together to deal with common problems. Below are a few things that each partner can do to help:

What The Farmer Can Do

• Implement Responsible and Defensible Farm Management Practices
• Get Involved in the Community
• Promote Benefits of the Farm to neighbors and Community at Large

What Non-Farm Neighbors Can Do

• Buy direct from the farmer at U-pick operations, farm stands, and farmers markets
• Recognize that farms are businesses. Be prepared for some inconveniences
• Always ask permission before hunting or otherwise going on a farmer's property

What the Community Can Do

• Sponsor a farmer's market, farm tours, farm festivals, etc. which promote opportunities for community interaction
• Conduct public meetings on the future of agriculture in the community. Take stock of what farms do for the community, and, with the cooperation of farmers, capitalize on the amenities farms provide.
• Recognize that farms generally contribute a disproportionately large share of local property taxes relative to services received.
• Support agricultural education for youth
• Municipalities should contact Department of Ag & Markets prior to passing any ordinances which might affect farming
• When farm-related land-use concerns arise, encourage problem solving that satisfies the interests of both parties

Summary

The focus of this piece has been on being a good neighbor. As farming operations expand and agriculture and residential land uses mix, the opportunity for conflict rises. Regular communications, social interaction and, when necessary, the use of alternative conflict resolution strategies can lead to stronger neighbor and community relations.

The use of our property should not substantially impair our neighbor's ability to use and enjoy their property. Property rights are important in American society. If farmers wish to keep government intervention to a minimum, it is incumbent upon them to take responsibility for the impacts their production activities may have. While farmers must be sensitive to their non-farm neighbors, these neighbors and the community at large must recognize the challenges and constraints under which farmers work daily.

Furthermore, the role farmers, farms, and farmland play in the social and economic fabric of the community can no longer be taken for granted. Agriculture needs more than ever to be more fully integrated into the community. Through mutual understanding and consideration, farmers and their neighbors can help make this possible.

For more information, contact:

Community Food and Agriculture Program(CFAP)
216 Warren Hall
Cornell University
Ithaca, NY 14853
(607) 255-0417
dlh3@cornell.edu