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Grant County, WI Right to Farm: Farm Nuisance Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Odor carve-out
§ 191-5B excludes odors common to ordinary and approved agricultural practices
Manure carve-out
§ 191-5D excludes wastes common to ordinary and approved agricultural practices
Cultivated crops
Exempt from the 10-inch weed limit under § 191-5J(1)
Manure storage
Chapter 90 applies at 7,000 cubic feet or more
Nuisance forfeiture
Not to exceed $500 plus court costs
Chapter 90 forfeiture
$25 to $500 plus costs, each day separate

Summary

Grant County's public health nuisance ordinance excludes odors and animal wastes common to ordinary and approved agricultural practices from the nuisance definitions in § 191-5B and § 191-5D. The protection is limited to those practices, and manure storage on unincorporated farmland is separately regulated by Chapter 90, with forfeitures from $25 to $500 per violation.

These county ordinances apply to unincorporated areas of Grant County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

B. Noxious odors: any negligent use of property, substance or device within the County which emits or causes any foul, offensive, noxious or disagreeable odor deemed repulsive to the physical senses of ordinary persons or to the public as a whole, but exclusive of those odors common to ordinary and approved agricultural practices. ... D. Manure: excessive accumulations of body wastes from any domestic animal or fowl that are handled, stored, or disposed of in any manner that creates a public health hazard, but exclusive of those wastes common to ordinary and approved agricultural practices.

Full Breakdown

Chapter 191 of the Grant County Code defines a public health nuisance broadly, then writes agriculture out of two of its most common targets. Under § 191-5B, a noxious odor is a nuisance when it comes from negligent use of property, a substance or a device and is repulsive to ordinary persons or to the public, but the clause is exclusive of those odors common to ordinary and approved agricultural practices. Under § 191-5D, excessive accumulations of body wastes from any domestic animal or fowl are a nuisance when handled, stored or disposed of in a way that creates a public health hazard, but exclusive of those wastes common to ordinary and approved agricultural practices. Section 191-5J(1) adds that the 10-inch weed limit does not apply to any intentionally cultivated agricultural vegetation.

The protection has edges. It covers only what is common to ordinary and approved agricultural practices, so manure handled in a way that creates a public health hazard outside those practices is still a § 191-5D nuisance. The Grant County Health Department decides under § 191-6 whether a nuisance exists, and it administers the ordinance with the Grant County Board of Health. Manure storage is also governed by Chapter 90, the Animal Waste Storage and Nutrient Utilization Ordinance, which applies to the unincorporated areas of Grant County and covers all facilities on one operation that store a cumulative 7,000 cubic feet or more of animal waste. The Land and Water Conservation Committee enforces it. The protection comes from these exclusions inside the nuisance ordinance, not from a separate right-to-farm chapter. Platteville, Lancaster and other cities and villages enforce their own codes.

Violations & Fines

A manure or odor condition that falls outside the agricultural carve-out is enforced like any public health nuisance: a forfeiture not to exceed $500 plus court costs, a $500 cash deposit on a citation, and up to 60 days in the County Jail on default. Chapter 90 violations carry a forfeiture of not less than $25 nor more than $500 plus costs of prosecution, and each day a violation exists is a separate offense.

Frequently Asked Questions

Does Grant County have a right-to-farm ordinance?
The county protection is written into its public health nuisance ordinance, not into a separate right-to-farm chapter. Sections 191-5B and 191-5D leave out odors and animal wastes common to ordinary and approved agricultural practices, so those do not count as nuisances under Chapter 191.
Is a farm ever liable for manure under the nuisance ordinance?
Yes. Section 191-5D reaches excessive accumulations of animal body wastes handled, stored or disposed of in a way that creates a public health hazard, and it excludes only wastes common to ordinary and approved agricultural practices. Manure outside those practices that creates a hazard is a public health nuisance.
Who decides whether a farm odor is a nuisance?
The Grant County Health Department. Section 191-6 makes its staff responsible for investigating every potential public health nuisance complaint and determining whether a nuisance exists. The Health Department Director and staff administer the ordinance with the Grant County Board of Health.
Do farm manure storage facilities have separate county rules?
Yes. Chapter 90 applies to the unincorporated areas of Grant County and to all facilities on one operation that store a cumulative 7,000 cubic feet or more of animal waste. The Land and Water Conservation Committee administers it, and violations carry a forfeiture of not less than $25 nor more than $500.

Sources & Official References

Other rules in Grant County

All Grant County rules

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