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Woodbury, MN Right to Farm: Agricultural Zoning Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Grandfather cutoff date
April 14, 1971
Intensification trigger
within 400 feet of a dwelling
Livestock building setback
125 feet from lot lines
Minimum acreage for livestock
5 acres
State building code
exempt for ag buildings
Density cap before CUP
1 livestock animal/acre

Summary

Farmland already in agricultural use as of April 14, 1971 keeps its status as a permitted use in Woodbury under City Code § 24-301(a), shielding it from most zoning changes unless the operation intensifies. Livestock buildings must sit 125 feet from all lot lines, and livestock needs at least five acres of land under subsection (b).

(a)Agricultural uses, in existence upon April 14, 1971, within the city shall be a permitted use. However, all regulations contained in article V, supplemental district regulations, shall apply to all changes to the agricultural use which will cause an increase in the intensity of the use or when the surrounding area becomes more urban in character. The Minnesota State Building Code shall not apply to agricultural buildings except with respect to state inspections required or rulemaking authorized. The city council may require any farm operator to secure a conditional use permit to expand or intensify the operations in the event of the following:(1)The agricultural use is adjacent to, or within 400 feet of any dwelling unit and may be detrimental to living conditions by creating safety hazards or by emitting noise, odor, vibrations or similar nuisances.(2)The agricultural use is so intensive as to constitute an industrial type of use consisting of the compounding, processing, and packaging of products for wholesale or retail trade.(b)Any building housing livestock shall be a distance of 125 feet or more from all lot lines. The city council may order the owner of any livestock to apply for a conditional use permit if it is deemed to be in the interest of the public health, safety or general welfare. Livestock shall not be permitted on parcels of less than five acres in area. The keeping of more than one livestock animal per acre shall require a conditional use permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 48).

Full Breakdown

Section 24-301 is Woodbury's core agricultural-zoning protection: any agricultural use already operating in the city on April 14, 1971 is grandfathered in as a permitted use, meaning it does not need to conform to whatever zoning district the land later ends up in. That protection is not unconditional. If the agricultural use is adjacent to or within 400 feet of a dwelling unit and could be detrimental to living conditions through safety hazards, noise, odor or vibration, or if the operation grows so intensive that it functions like an industrial use, compounding, processing or packaging products for wholesale or retail sale, the city council can require the operator to secure a conditional use permit before expanding or intensifying.

The Minnesota State Building Code is expressly excused from applying to agricultural buildings, aside from required state inspections or rulemaking, which spares farm structures from the commercial building code standards other structures face. Subsection (b) adds specific livestock standards: any building housing livestock must sit at least 125 feet from every lot line, livestock cannot be kept at all on a parcel smaller than five acres, and keeping more than one livestock animal per acre triggers the same conditional use permit requirement found in the animal-keeping rules at § 5-17.

The city council also retains authority to order a conditional use permit application any time it finds keeping livestock is in the interest of public health, safety or welfare.

Violations & Fines

Intensifying a grandfathered agricultural use, or keeping livestock in a building closer than 125 feet to a lot line or on fewer than five acres without the required conditional use permit, violates § 24-301 and is a misdemeanor under City Code § 26-3, carrying a fine up to $700.00, up to 90 days in jail, or both, with continued violations charged daily under § 26-5.

Frequently Asked Questions

Does my farm need a zoning permit if it predates the city's current zoning?
No, not automatically. City Code § 24-301(a) grandfathers any agricultural use already operating on April 14, 1971 as a permitted use, though the city council can require a conditional use permit if the operation later intensifies or expands near a dwelling.
How far must a livestock barn be from my neighbor's property?
Section 24-301(b) requires any building housing livestock to sit at least 125 feet from all lot lines, on top of the separate rule that livestock cannot be kept at all on a parcel smaller than five acres.
Is the state building code exempt for farm buildings in Woodbury?
Yes. Section 24-301(a) states the Minnesota State Building Code does not apply to agricultural buildings, except for state inspections that are required or rulemaking the state has authorized, so farm structures are not held to the same commercial building code standards.

Sources & Official References

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