I have no clue as to who, or how many people, read my opinion piece. I do occasionally get an email from someone asking a question or commenting on something I have written, so I know somebody does read them.
My last commentary apparently was read by quite a few and stirred some people to respond.
I received emails from people upset about what has been done to Connie and Cassie Riker and their Belmore Equestrian facility. People asked what they could do to support the Rikers. I received comments in support of Connie and Cassie from parents and grandparents of youth who ride at the facility.
Belmore Equestrian is doing good things for youth.
As I wrote last time, they don’t deserve harassment and legal threats from a neighbor who wanted to move to the country but doesn’t appreciate country living.
I was also contacted by a few people who are dealing with “problem neighbors” themselves, asking what they can do to protect themselves. I am not a lawyer. I am not in the position to give legal advice. But, I do hope to clarify and maybe give some direction, some connection or support, for those people in order for them to hopefully learn how they can protect themselves (message me and I can share some information with you).
So, Washington has what is called the Right to Farm Act. For those of you who like to read that kind of stuff, look up RCW 7.48.300. For those of you who don’t want to look it up and read all the legal mumbo jumbo wording, I will try to clarify. The Revised Code of Washington (our laws passed by the Legislature and signed by the governor, or passed by the voters) is broken down by a bunch of numbers. In this case, the “title” is 7, which is for special proceedings and actions. The “chapter” 48 is on nuisances. The “section” is agricultural activities and forest practices. There are several “sections” (300, 305, 310, 315, and 320) that apply to our discussion.
RCW 7.48.300 states, “The Legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits encourage and even force the premature removal of the lands from agricultural uses and timber production. It therefore is the purpose … to provide that agricultural activities conducted on farmland be protected from nuisance lawsuits.”
Pretty darn clear.
The Washington Legislature realized the importance of agriculture and forestry to our state. They understood that agriculture and forestry need to be protected so that they are not forced out by urban people trying to escape urban life by moving to the “peaceful countryside” and then trying to force their urban rules on the rural area.
As the editor titled my last article: “Want to live in the country? Don’t complain about country living.”
RCW 7.48.305 says that agricultural practices established prior to surrounding nonagricultural activities are presumed to be reasonable and shall not be found to constitute a nuisance. It goes on to say that agricultural activities in conformity with laws shall not be restricted as to the hours of the day or days of the week during which it may be conducted.
That means that if someone moves near established agricultural or forestry lands, they cannot later claim the agricultural or forestry practices are a nuisance to their way of living. And legislators understand agricultural activities are subject to weather and many other things so that farmers have to work when the work needs to be done, regardless of what time it is or what day it is, and they specifically included that into the law.
I am not going to quote all of RCW 7.48.310 as it goes into detail defining “agricultural activity,” “farm,” “farmland,” “farm product” and “farm practice.” This section pretty clearly explains what is protected by this law. It lays out what the Right to Farm Act covers so that people do not claim these things and activities to be nuisances.
RCW 7.48.315 explains that a farmer who prevails in any action, claim or counterclaim alleging that agricultural activity constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmers as a result of the action, claim or counterclaim. It also addresses adding working forests to the real estate disclosure statement relating to the Right to Farm Act. Yes, it updates RCW 64.06.022 that gives the exact wording a seller must give to potential buyers of property in close proximity to a farm or working forest.
Lastly, RCW 7.48.320 states that a state or local agency required to investigate a complaint that alleges agricultural activity is in violation of specified laws, rules or ordinances may recover the full costs of the investigation if a court determines the complaint was initiated maliciously and without probable cause.
In Connie and Cassie’s cases, the judge found the allegations to be malicious and unfounded.
It amazes me that so many people want what they want for themselves without regard for anyone else. The mentality of wanting to be surrounded by hayfields and meadows, cute baby calves or lambs, magnificent forests, graceful galloping horses — the list goes on — without any understanding of what it takes to have those things is almost incomprehensible to me.
I have to remind myself that the reality is so many people are so far removed from any exposure to, or knowledge of, farming and forestry that they just have no way of understanding what it is or what it entails.
They do not understand the work that it takes.
Farming is a seven-days-a-week, 365-days-a-year occupation. It takes grit and stamina. It means long hours, hard work and perseverance.
Don’t want dust in your home? Don’t live near a farm. I don’t really like having to dust in my home either, but I am willing to in order to have food on my table and to provide that food for the benefit of others.
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Maureen Harkcom grew up on a Lewis County dairy and operated a beef and native hay operation and developed an equine competition facility. She is a past president of Lewis County Farm Bureau and a current member of Washington Farm Bureau Board of Directors. She can be reached by email at maureen.harkcom@gmail.com.
