Blue Earth County, MN Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- District
- A Agriculture District
- Legal basis
- Minn. Stats. § 561.19 notice
- Protected activities
- noise, odors, dust, night machinery
- Zoning intent
- preserve land for agricultural use
- Adopted
- Ord. of 2-28-2012
Summary
In unincorporated Blue Earth County's Agriculture (A) District, county code declares its intent under Minn. Stats. Sec. 561.19 that neighbors and residents accept the noise, odors, dust, and late-night machinery of normal farming, putting them on official notice that this declaration can block a nuisance lawsuit against ordinary agricultural operations.
(a)Preservation of agriculture land. The intent of this A district is to allow extensive areas of the county to be preserved for agricultural related uses. (b)Agriculture operations. ... Owners of property, residents, other users of property in the agriculture zone, and neighboring properties adjacent to the agriculture zone may be subjected to inconvenience or discomfort arising from normal and accepted agricultural practices and operations including, but not limited to; noise, odors, dust, operation of aircraft and late night operation of farm machinery, the storage and application of manure, fertilizers, soil amendments, herbicides and pesticides associated with normal agricultural operations. ... are hereby put on official notice, pursuant to Minn. Stats. § 561.19, that this declaration may prevent them from obtaining a legal judgment against such normal operations.
Full Breakdown
Blue Earth County Code Sec. 24-111 sets the purpose of the A district: to preserve extensive areas of the county for agricultural related uses and to prevent scattered residential development from encroaching on farmland, under Sec. 24-111(a) and (c). Subsection (b) goes further, stating the board of commissioners' intent to enhance and encourage agricultural operations within the county, and it treats the district as a zone for commercial agricultural production. It lists exactly the disturbances that owners, residents, and neighboring property owners in and next to the A district must be prepared to accept as normal: noise, odors, dust, aircraft operation, late-night farm machinery, and the storage and application of manure, fertilizer, soil amendments, herbicides, and pesticides tied to normal agricultural operations.
The section then invokes Minnesota's right-to-farm statute, Minn. Stats. Sec. 561.19, putting affected owners and residents on official notice that this declaration may prevent them from winning a nuisance judgment against those normal farming practices. Section 24-111(d) also protects natural resources within the A district, aiming to conserve woodlands and scenic areas that serve as water retention, wildlife habitat, or green space. These purpose statements guide how the county's zoning administrator and planning commission apply the A district's permitted-use list in Sec. 24-112, and how the board of adjustment weighs any variance request that would cut against them.
Violations & Fines
Section 24-111 itself sets policy rather than a prohibited act, so it carries no fine on its own. But because it defines the A district's purpose, every permitted, conditional, and interim use listed for that district in Sec. 24-112 is measured against it: developing land in violation of the A district's use or dimensional standards is a misdemeanor under Sec. 24-44, punishable by up to $1,000.00 or 90 days in jail, with the county attorney and zoning administrator empowered to issue stop-work orders and pursue civil enforcement.
Frequently Asked Questions
Does Blue Earth County have a right-to-farm ordinance?
Can I sue a neighboring farm over noise or odor in unincorporated Blue Earth County?
What is the purpose of the A Agriculture District?
Sources & Official References
Other rules in Blue Earth County
Compare Blue Earth County to another location·View the Minnesota right to farm overview
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