§ 27-30-101 — Definition Of Public Nuisance

27-30-101 . Definition of public nuisance. (1) A public nuisance is:
(a) a condition arising out of the use of real property that unlawfully interferes with a public right by endangering communal safety, being indecent to the community, or being offensive to the community; or
(b) a condition that unlawfully interferes with the public right to free passage or use, in the customary manner, of a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway.
(2) The following nonexclusive list of actions or conditions may not be considered a public nuisance or be the basis for a public nuisance cause of action:
(a) an action or condition that is lawful;
(b) an action or condition that is authorized, approved, licensed, or mandated by statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes conditions or actions that are subject to an order, notice, or decree issued under 75-10-711 or 75-10-712 .
(c) noises resulting from the shooting activities at a shooting range during established hours of operation;
(d) impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway;
(e) the design, manufacturing, distributing, selling, labeling, or marketing of a product;
(f) the aggregation of individual injuries or private rights, including private nuisances; or
(g) the design, manufacturing, distributing, selling, labeling, or marketing of firearms, firearm accessories, or ammunition, as defined in 30-20-301 , or components of firearms, firearm accessories, or ammunition.
(3) An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or commercial establishment has been in operation.
(4) As used in this chapter, the term "unlawfully interferes" includes but is not limited to actions or conditions that violate a statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity. This includes any statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a government entity either before or after October 1, 2025.

Legislative History

(1)En. Sec. 4550, Civ. C. 1895; re-en. Sec. 6162, Rev. C. 1907; re-en. Sec. 8642, R.C.M. 1921; Cal. Civ. C. Sec. 3479; re-en. Sec. 8642, R.C.M 1935; Sec. 57-101, R.C.M. 1947; (2)En. Sec. 4553, Civ. C. 1895; re-en. Sec. 6165, Rev. C. 1907; re-en. Sec. 8645, R.C.M. 1921; Cal. Civ. C. Sec. 3482; Field Civ. C. Sec. 1952; re-en. Sec. 8645, R.C.M. 1935; Sec. 57-104, R.C.M. 1947; R.C.M. 1947, 57-101, 57-104; (3)En. Sec. 1, Ch. 123, L. 1981; amd. Sec. 1, Ch. 299, L. 2011; amd. Sec. 1, Ch. 531, L. 2025.