Farming

[Alleycat]

I live in a smallish borough in NEPA-not an agricultural area. In fact the land that is being farmed includes only about 170 acres. The guy who owns the land is leasing it to another person who is using propane air cannons to according to him keep the birds away from his corn. It is driving me nuts. I feel like I live in Iraq. They start at 7am, go off all day long until 7pm. Huge bangs every 3-10 seconds yes seconds. I have called everyone imaginable. Dept of Agr, State Rep, mayor, council went to meetings, and they tell me there is nothing they can do cause he has a "Right to Farm in PA" and can do what ever is necessary. I issue I'm having is I didn't move to an agricultural area I live in a nice residential area. I don't have any money for any type of legal action so I can't do that. I love my house and location with the exception of this problem. I have in the past lived in farm country and have never experienced anything like this. In fact my last home was surrounded by corn fields but no bangs at all. Ireally don't care it the land is farmed but this is just nuts.

Any suggestions, advice (lets try to keep it legal-believe me I have been pushed to consider the alternative) that you very smart people can give.

[NMDemDist2]

1. he's never heard of scarecrows?

there has to be a EPA noise reg somewhere on that

the other option would be to go to the local council meeting (county or brough) and lobby for noise pollution abatement. You may want to canvass your neighbors and get signatures to take with you.

[brokensymmetry]

2. How about the zoning?

If there is zoning, you might be able to find information about zoning restrictions.

Also, see if you can get access to city regulations (city code) or county regulations. They may have laws regarding noise.

Finally, consider contacting a local attorney. Often the initial consultation is free. It may be that a contingency arrangement could be made with the attorney to sue the guy, with you having no out-of-pocket expenses.

[Alleycat]

3. Zoning does not matter

According to everyone I spoke to Zoning and noise ordinances don't matter his right to farm trumps everthing else including the neighborhoods right to peace. I have a petition signed by about 25 people but because of the PA Right to Farm law nothing can be done about it. Or maybe it can but my mayor won't touch it because they are afraid of legal actions. Believe me I have tried everyone who will listen even got the media invloved and they did a few stories on it last summer.

I'm so frustrated...I am kind of upside down in my house at the moment, put alot of cash and sweat into it. Once I can see some light I think I may just have to sell.

[brokensymmetry]

5. Ouch.

I looked up "PA right to farm law" on google, and it's amazing!

I hope someone else comes up with a more viable answer than I did.

And welcome to DU! :hi:

[TexasSissy]

4. City ordinance about noise? That's what people usu. use for

nuisance sounds, like dogs barking. People are allowed to have dogs and other pets, but are not allowed to be a nuisance with noise from them.

Is the farmer organic, hence no pesticides to discourage birds? (If there exist such types of pesticides.)

Scarecrows don't work.

What do your neighbors say about the noise? They hear it too, presumably.

[kestrel91316]

6. Re: corn farmer

Is he farming sweet corn for table consumption? If so, he will harvest very soon and no more noise. If he is growing field corn for livestock then he will have to fend off the crows a while longer. Why don't you go and ASK HIM what the timeline is?? If you know, then you won't have to feel so powerless and can count down the days 'til harvest. Farming is VERY important, so we don't want to deter it, and goody for him that he is not POISONING the crows with hazardous chemicals to contaminate your neighborhood and the corn. Farming is what they do in the countryside. People who don't want farming-related activities near their homes should live in the city, where I guarantee there will be no such pastoral nonsense.

[Alleycat]

10. Thanks for your reply but....

I don't think you understand fully. I don't live in the countryside I do live in a town, be it a small town with a lot of other small towns all around. The closest farming area is about 12 miles away. This land borders my neighborhood and a shopping mall!!

[meow mix]

7. get a really really loud PA system

and blast him back with something horrible all day long.
(some black-death-metal or whatever)
punish him!!

[happyslug]

8. Here is the Statute:

Please NOTE you have to file an action within ONE YEAR of the start of the use of the Cannon. If you do NOT than you are time barred, but if he started only this year in the use of the Cannon, than you CAN FILE A NUISANCE ACTION AND STOP THE USE OF THE CANNON.

Now if the use of the Propane cannon has been used in previous years you have to figure out a way around the one year limitation of 3 P.S. § 954. One way around it is that under the US and Pennsylvania Constitution the state can NOT take away your property and give it to another without compensation. What this means is that if you can convince a Judge that the loss of value and/or use of your property is so large it is a "Taking" the courts will rule that this is a nuisance even if the practice has been done for many years. A state CAN regulate property rights (Such regulation is the key to Zoning) but can NOT take rights from one person and give it to another. That is a "Taking"? that is when a Statute or regulation (The "Police" Power of the State) is so restrictive that a property owner suffers a SEVERE LOSS in value or use of the property. Now, a minor loss of value or use is acceptable given that any exercise of the state's Police Power to regulate property rights can reduce value and/or use of a piece of property. The key is whether the exercise of the "Police Power" is "excessive". If "Excessive" than it violated both he Federal and State Constitutional Guarantee of the Right to own property.

Now this statute was written basically to protect farmers from being sued if they use manure on their fields. People may complain of the smell, but it is a long established farming method and thus protected under this statute (And if you moved into a Rural area you have to expect the smell of Manure). How can the use of propane cannons be of a long established farming method? I have my doubts. You should see a lawyer about filing an action to stop this, and given the one limitation you should do it this year. You do NOT want to rely on getting a favorable Constitutional ruling as regards to this statute in regards to such propane cannons. The Courts dislike declaring a Statute unconstitutional and may uphold the use of such cannons on the grounds that the use of such cannons are "Long established Farming practice".

My point is sue them THIS YEAR and avoid the whole constitutional issue, remember the stature permits a Nuisance Suit in the FIRST YEAR OF A CHANGE IN FARMING METHODS, you only have to fall back on the Taking of property argument if the use of cannon has been in ue for MORE THAN ONE YEAR.


3 P.S. § 954. Limitation on public nuisances
(a) No nuisance action shall be brought against an agricultural operation which has lawfully been in operation for one year or more prior to the date of bringing such action, where the conditions or circumstances complained of as constituting the basis for the nuisance action have existed substantially unchanged since the established date of operation and are normal agricultural operations, or if the physical facilities of such agricultural operations are substantially expanded or substantially altered and the expanded or substantially altered facility has either: (1) been in operation for one year or more prior to the date of bringing such action, or (2) been addressed in a nutrient management plan approved prior to the commencement of such expanded or altered operation pursuant to section 6 of the act of May 20, 1993 (P.L. 12, No. 6), known as the Nutrient Management Act, and is otherwise in compliance therewith: Provided, however, That nothing herein shall in any way restrict or impede the authority of this State from protecting the public health, safety and welfare or the authority of a municipality to enforce State law.
(b) The provisions of this section shall not affect or defeat the right of any person, firm or corporation to recover damages for any injuries or damages sustained by them on account of any agricultural operation or any portion of an agricultural operation which is conducted in violation of any Federal, State or local statute or governmental regulation which applies to that agricultural operation or portion thereof.

[Alleycat]

9. WOW

You are the researcher!! Unfortunately I think I'm screwed. It has been going on longer then a year. However the neighborhood complained about it then. It is just unbeleivable that we have to deal with this. I did not move to a farming area. It's a town with sidewalks, shopping malls, convenient stores and one SOB who doesn't even live here. He lives about 10 miles away and just leases the land.

But anyway I do appreciate all your help. As soon as I can get myself straighten out financially I guess I'll be moving.

[Massacure]

11. You can hear the cannon 10 miles away?

That doesn't seem right. Anyways, what part of the field is it in? If it is in the part closer to your house, perhaps ask him to move it further away? Perhaps there is a way he can lower the velocity a little bit on it?

[Alleycat]

12. Not 10 Miles

My point was it is NOT a farming community the closest farming area is about 10 miles away. The problem is a small strip of land being leased to a farmer who does not live on this land-he just plants corn there. This piece of land in in my town. Nobody lives on the land except the corn! After discussion with him last year he refuses stating "He has a right to farm" period end of story no discussion on his part.

[CHIMO]

13. Possible Avenues

These are just ideas that are not based on any knowledge of the local codes etc..
Presumably all the neighbors have a similar view of the noise. If the property is within the town limits then perhaps all get together and see the land owner. Tell him/her of your problem and if he doesn't have it stopped that you are proposing to have the zoning changed such that his land will come under a higher tax.

If there was a species of animal that is endangered one might suggest that the noise is inhibiting if not preventing their survival and multiplication. Believe it or not I have seen reduction in noise requirements at the property boundary so that the mating of moose would not be hindered.

Another angle is to see if there are limitations on the noise at property boundaries. If so then see if they can be enforced. Normally requirements are to limit exposure to a max of 85 dBa for an 8 hr. exposure. Also if the noise level is above that within the boundaries, then maybe they require signs to be posted such that anyone entering the property will take appropriate protection so that their hearing is not impaired. Also it may require certain fencing in those cases to prevent children from becoming exposed should they enter the property.

Are there any medical repercussions from long term exposure at your location that might make the property owner or the farmer liable for injury?

Just some ideas off the wall.

[kestrel91316]

14. Well, I guess visit an attorney for an initial consultation (usually free)