Producing States 2 Drake J. Agric. The author summarizes five basic areas of law related to pork production in many of the major pork producing states. The author views the question of whether a particular farming operation needs a permit to be generally answered in three ways. When looking at water quality laws, the author found that each state surveyed normally prohibits direct discharging of manure into waters of the state. Beyond that general restriction, the rules and regulations in place vary from state to state.
Every state has some type of nuisance-suit protection for farmers.
An important consideration in the author's view is determining the appropriate presumption, usually that a farm is not a nuisance, and the legal standard that must be met in order to overcome that presumption. Mechanisms for dealing with the issue of odor include separation distances for buildings, storage structures, and manure application, direct odor regulations, cost share assistance and requiring farmers to develop plans for minimizing the odor on their farms. The issue of regulatory control, and the procedures to enforce state or local laws, varies from state to state regarding pork production. The range of possible local control extends to all aspects of livestock production. This includes zoning authority, permit issuance, enforcement and inspections, environmental control, and control over corporate farming.