Kankakee County, IL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Type of provision
- Zoning purpose clause, not a standalone lawsuit
- State law referenced
- Illinois Farm Nuisance Act, 740 ILCS 70/0.01
- Applies in
- Unincorporated county, A1 and A2 districts
- Governing section
- Zoning Ordinance Sec. 121-2(7)e
- Companion tool
- LESA system protects farmland from urban intrusion
Summary
Kankakee County's zoning purpose clause states that existing farm operations in agricultural areas must be shielded from public and private nuisance suits triggered by nearby land-use changes, citing the Illinois Farm Nuisance Act directly in the county's own ordinance language. This purpose guides how zoning is interpreted and enforced countywide.
Existing farming operations located in agricultural areas be protected from public and private nuisance actions precipitated by changed land uses in the areas surrounding the existing farms, as provided by the Illinois Farm Nuisance Act, 740 ILCS 70/0.01 et seq.
Full Breakdown
Sec. 01 et seq. The county places this language alongside its other zoning purposes, which include protecting agricultural land from haphazard, unplanned urban intrusions using the LESA land evaluation and site assessment system, and separating farm uses from adjoining incorporated communities and municipalities with their own comprehensive plans. Because this is a purpose clause rather than a standalone civil remedy, it does not itself create a lawsuit or defense; it directs how the county's A1 Agriculture and A2 Agriculture Estate districts are administered and signals that the Zoning Board of Appeals and county board should weigh nuisance complaints against farms with the Farm Nuisance Act's protections in mind.
The practical effect in unincorporated Kankakee County is that a new subdivision or residential rezoning near an existing farm does not by itself give neighbors standing to shut the farm down through the county's nuisance provisions, so long as the farming operation was there first and continues normal agricultural practices.
Violations & Fines
This purpose clause carries no fine of its own; it operates as an interpretive shield within zoning administration. A farm operator sued for nuisance in unincorporated Kankakee County can point to this purpose section and the underlying Illinois Farm Nuisance Act as a defense, while a landowner who converts farmland to a use inconsistent with the LESA-guided purposes still must obtain the permits and special-use approvals Chapter 121 otherwise requires.
Frequently Asked Questions
Does Kankakee County have its own right-to-farm law?
Can new neighbors sue an existing farm for noise, dust, or odor?
Where in the county code is this protection found?
Sources & Official References
Other rules in Kankakee County
Compare Kankakee County to another location·View the Illinois right to farm overview
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