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What can I do to stop a farmer from using a propane bird blaster every two minutes, twelve hours a day from July until November?

I moved into a community in central New York last February 2009 that has agricultural land and residential land right next to each other. Early in July I heard what sounded like a cannon blast inside my home that exploded every two minutes from eight o'clock in the morning until eight o'clock at night - every day!

Upon investigating the cause of this extremely irritating, repetitive noise that was making sick, I discover the farm located about 200 feet across an open field used a propane bird blaster to scare birds away from July until November and can make the noise 24 hours a day as part of NYS Right to Farm Laws, according to the farmer. To get relief, I have to leave my home. I expected farm machine sounds but not this. Do I have any legal rights to stop this? HELP!

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Attorney answers (1)

Reputation Level 9
Right to farm laws generally protect the regular practices in the area. You could check with your county agricultural commission to determine whether this is a regular practice. I live near vineyards and that use these cannons, and they are not set to go off that frequently. If this is not a regular practice, you could ask that the farmer conform to the standards in the community or seek an injunction against the noise.

Note: This suggestion is given without full knowledge of the facts. It is not intended to be relied upon or to create an attorney clients relationship.

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