The Farm Nuisance Suit Act shields established Illinois farms from nuisance lawsuits when the operation predates surrounding non-agricultural land uses by at least one year.
The Farm Nuisance Suit Act (740 ILCS 70) provides that no farm or farm operation in existence for one year or more may become a private or public nuisance because of changed conditions in or about the surrounding non-agricultural area, if the farm was not a nuisance when it began. The Act does not protect farms whose operations are negligently or improperly run, or that violate state or federal pollution law. It also expressly provides that local governments may not adopt ordinances that make established farm operations a nuisance.
Plaintiffs filing barred nuisance suits may be liable for the farm operator's reasonable attorney fees and costs of defending the action under Section 70/4.1 of the Act.
Elgin, IL
Elgin's noise ordinance specifically covers barking dogs. Animal Control at the Elgin Police Department handles complaints. Dogs must not create persistent n...
Elgin, IL
Elgin caps residential fences at 6 feet in side and rear yards and limits front-yard fences to 3 feet (solid) or 4 feet (open design). Chain link is prohibit...
Elgin, IL
Elgin requires a building permit ($65 fee) for all fences. A plat of survey showing all dimensions is required. Properties in Historic Districts also need a ...
Elgin, IL
Elgin allows most mammals, birds, fish, insects, and reptiles but explicitly bans roosters. Permit or licensing may be required. Contact Animal Control at 84...
Elgin, IL
Elgin allows most insects including bees per city FAQ. Beekeepers should comply with the Illinois Bees and Apiaries Act (510 ILCS 20). Hives should be manage...
Elgin, IL
Elgin has a dangerous dog ordinance (Ordinance G9-10) that addresses dangerous animals based on behavior. Illinois has no statewide breed ban preemption. Con...
See how Elgin's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.