Farming Laws in Arkansas You Need to Know About

Feb. 12 2020 Lifestyle By ___

America has come a long way since the days of homesteading and horse-drawn plows. This includes better technology, a more refined understanding of how the soil works, and, especially in this day and age, more widespread access to the latest developments and practices. It also means more regulations and laws that farmers need to understand, both for the benefit of themselves and others. 

Sometimes, understanding legal jargon can be overwhelming and discouraging, which is why we’ve provided a breakdown of some of the most important farming laws, here in the state of Arkansas. You can also stop by Central Arkansas Mahindra with any additional questions you might have, either to chat with our experienced staff or to connect with a fellow farmer. You’ll find us in Little Rock, Arkansas, serving Sherwood, Conway, and Hot Springs, so stop in today to see what we can do for you!

Disclaimers!

Let’s kick this article off right. We’re not legal experts, and don’t want to pretend like we are. We merely want to help jumpstart a better understanding of the laws and regulations that govern your operation. 

Because of this, it’s important to also review the ordinances yourself, even if the language gets a little confusing. If you have real legal questions, or if you find yourself in a legal predicament, contact a qualified agricultural attorney. 

Also, remember that the law is constantly changing, so staying up to date on the latest news will help you stay ahead of the curve. 

Right-to-Farm

Every state in America has some version of the Right-to-Farm law, which protects farmers from other property owners looking to snatch up land for development. Understanding this law can help you fight challenges in court. Knowing the law is the first step to knowing when and how to fight.

For example, this is not a blanket protection for all farmers. Your operation needs to adhere to particular conditions, more specifically, one of three conditions. You can use the law to protect your operation, if:

  • Your operation is older than the nonagricultural operation attempting to encroach on your property. 

  • You’re using agricultural practices that are both reasonable and common.

  • Your operation has been running for at least one year before any changes to the surrounding areas took effect. 

While that last provision was most applicable during the early years the law was enacted, all conditions are important to know and understand. 

You also need to know that this law protects you from any county and municipal law that would turn your operation into a “nuisance.” So long as there’s no public health concern involved, the right-to-farm law can protect you from future regulations that could hurt you. 

Arkansas is fully committed to maintaining its thriving agricultural industry, and this law plays an important role in this commitment. If you find yourself slapped with a nuisance lawsuit, the first thing you should do is contact a lawyer and see if this statute can help protect you. 

Hemp

It’s a changing farming landscape and in the last couple years the state Plant Board has approved the growth of hemp as part of an ongoing research program to assess marketability. There are some things you should know about this program:

Firstly, hemp is a cousin of sorts to marijuana, but contains only the smallest fraction of THC, the psychoactive component of the plant, not enough to alter anyone’s mental state. That’s what makes it a safe alternative for clothing fibers, cattle feed, body oil and lotions, and even food. 

Secondly, you can’t just start growing hemp in your backyard. If you’d like to participate in the program, you’ll need to apply to become a licensed grower. 

Finally, keep in mind that the hemp industry is still a young one that’s not only figuring out how to work as a business, but is also intricately affected by the law. If this is an avenue you choose to take, you’ll need to be diligent in keeping yourself updated on all the applicable changes. 

As we mentioned earlier, the law can be confusing, but still play an important role in keeping your operation running for many years to come, so if you require legal assistance, always turn to a qualified professional. When you need the right equipment to make your farm run smoothly, stop by Central Arkansas Mahindra in Little Rock, Arkansas, and we’ll help you find the right machines for you. We welcome all agricultural workers from Sherwood, Conway, and Hot Springs, so visit us today to see how we can assist you!