Kendall County, IL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Protection
- Bars nuisance claims against compliant farm operations
- Standard required
- Must follow existing best management practices
- State law tie-in
- Farm Nuisance Suit Act, 740 ILCS 70/0.01 et seq.
- Limit
- No protection for negligent or improper operation
Summary
Kendall County Code Sec. 18-25 shields agricultural operations in the unincorporated county from being labeled a nuisance when nonfarm neighbors move in nearby, so long as the farm follows accepted best management practices and complies with the state Farm Nuisance Suit Act and local ordinances.
In order to limit the circumstances under which agricultural operations may be deemed to be a nuisance, especially when nonagricultural land uses are initiated near existing agricultural operations, no agricultural operation or any of its appurtenances shall be considered a nuisance, public or private, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the State (Farm Nuisance Suit Act, 740 ILCS 70/0.01 et seq.) and local ordinances. The exemptions specified in this section shall not apply whenever a nuisance results from the negligent or improper operation of any agricultural operation or its appurtenances, nor shall these exemptions supersede any restrictions or requirements of farming operations set forth in any other County regulations.
Full Breakdown
Sec. 18-25 sits in Chapter 18's public health nuisance article and exists to limit the circumstances under which an agricultural operation can be declared a nuisance, particularly when new nonagricultural land uses move in next to a farm that was there first. 01 et seq. The protection is not absolute: Sec. 18-25 withdraws it whenever a nuisance results from the negligent or improper operation of the farm or its appurtenances, and it does not override any other County requirement that already applies to farming operations, such as the manure and machinery storage exception written into the illegal-dumping rule at Sec.
18-21(b) or the standard-farming-practices exemption from the declared nuisances listed in Sec. 18-23. In practice, the section gives an established farm a defense against a nuisance complaint filed by a newer residential or commercial neighbor, but it does not immunize sloppy or negligent operations, and it works alongside, rather than in place of, the County's other agricultural and health regulations.
Violations & Fines
Sec. 18-25 is a defense, not a duty, so it carries no fine of its own. A farm loses the protection if a nuisance results from negligent or improper operation, and the operation then faces the same enforcement path as any other public health nuisance under Sec. 18-26, including an abatement notice and a fine of up to $500.00 per uncorrected week.
Frequently Asked Questions
Does Kendall County protect farms from nuisance complaints by new neighbors?
Can a farm ever lose its right-to-farm protection?
Does the right-to-farm rule replace other county farm regulations?
Sources & Official References
Other rules in Kendall County
Compare Kendall County to another location·View the Illinois right to farm overview
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