Carver County, MN Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- Carver County Code § 54.07
- State law cited
- Minn. Stat. § 561.19
- Enforcing agency
- County Environmental Services Dept.
- Enforcement officer
- County Feedlot Officer (§ 54.15)
- Dispute path
- County Dispute Resolution Program
- Applies to
- Feedlots under county Zoning Code
Summary
Carver County Code § 54.07 shields properly operated feedlots and farm operations from nuisance complaints. Odors, dust, noise, and machinery use tied to raising livestock, applying manure, herbicides, and pesticides are not a public nuisance under Minn. Stat. § 561.19, as long as the operation does not violate state statute, rule, or other law.
Agriculture often includes such activities as the intense use of farm equipment and machinery; plowing during dry and windy conditions; the raising of livestock and fowl; the use of soil amendments, including manure, herbicides, and pesticides; and storage of manure. These activities may occur during any 24-hour period. Thus, owners or renters of property located in agricultural areas may be subject to discomforts such as odors, dust, insects, and noise. While these activities may be considered nuisances in a more urban setting, they are common in an agricultural community and vital to the sustenance of an agricultural economy. Pursuant to M.S. § 561.19, agricultural activities shall not be considered a public nuisance, provided such activities do not violate any state statute, rule, or other law.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).
Full Breakdown
07 of the county's Feedlot Management chapter recognizes that farming in Carver County's agricultural areas routinely produces odors, dust, insects, and noise from plowing, livestock and fowl raising, and manure storage, and that these activities can occur during any 24-hour period. Because they are common to an agricultural community and vital to its economy, subsection (B) states that pursuant to Minn. 19, agricultural activities are not a public nuisance, provided they do not violate a state statute, rule, or other law. The protection is not absolute: subsection (C) preserves the right of any party to bring a civil nuisance action against an agricultural operator or owner, so a farm that runs afoul of state manure-management or feedlot standards can still be sued or cited.
Before litigation, the county strongly encourages neighbors and operators to seek resolution through the County Dispute Resolution Program or other mediation. 15 by the County Environmental Services Department, which appoints a County Feedlot Officer to enforce the chapter, keep permit and inspection records, investigate complaints, and review feedlot sites for continuing compliance at least every four years. The Feedlot Officer also consults with the Soil and Water Conservation District, NRCS, and the MPCA on manure-handling and pollution-control construction standards, and no building permit for confined feeding or manure storage may issue without the county's approval.
Violations & Fines
There is no fine tied to § 54.07 itself: it is a defense against nuisance claims, not a penalty provision. A feedlot that violates a state statute, rule, or the county's own feedlot standards loses that defense and can face civil action from an affected neighbor, plus enforcement by the County Feedlot Officer under § 54.15, including permit review, corrective orders, or referral for building-permit denial until the county approves the operation.
Frequently Asked Questions
Does Carver County protect farmers from nuisance lawsuits?
Can a neighbor still sue a Carver County farm over odor or dust?
Who enforces feedlot compliance in Carver County?
Does the right-to-farm protection cover any kind of violation?
Sources & Official References
Other rules in Carver County
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