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Madison County, AL Right to Farm: Farm Nuisance Protection (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Exempted from nuisance law
farm buildings, equipment, stored farm materials
Second carve-out
wood/debris-burning businesses
Governing section
Ala. Code § 45-45-173.01(b)
Source acts
Act 92-502 (1992), Act 93-709 (1993)
Scope limit
does not exempt other local acts (noise, animals)

Summary

Madison County's junk-and-debris public nuisance law does not reach working farms. Ala. Code § 45-45-173.01(b) exempts farm buildings, farm equipment, and farm materials stored around farm buildings on a farm from the county's premises-nuisance ordinance, alongside a separate carve-out for businesses that burn or incinerate wood and construction debris.

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

(b) This part shall not apply to any company, corporation, or business currently operating, whose primary purpose or business is to burn or incinerate wood materials, salvage materials, building refuse, waste products, timber stumps, trees, or brush and other debris that results from clearing land, cutting timber or refurbishing or constructing buildings. This part shall not apply to farm buildings or farm equipment and farm materials stored around farm buildings on a farm.

Full Breakdown

01(a) makes it a public nuisance in unincorporated Madison County to let a lot or premises accumulate junk, debris, inoperable vehicles and similar material. Subsection (b), enacted by Act 92-502 in 1992 and amended by Act 93-709 in 1993, carves two categories out of that nuisance definition entirely. The first protects a company, corporation or business currently operating whose primary purpose is to burn or incinerate wood materials, salvage materials, building refuse, waste products, timber stumps, trees, or brush and other debris resulting from clearing land, cutting timber, or refurbishing or constructing buildings.

' That means equipment, feed, hay, fencing material and similar farm materials kept around barns, sheds and other farm buildings cannot be cited as a public nuisance under this local act, even if a neighbor complains about their appearance. The exemption is narrow: it protects the storage described, but it does not exempt a farm from other Madison County local acts, such as the noise-control act (§ 45-45-174) or the animal-control provisions (§ 45-45-170), nor does it touch any separate state agricultural nuisance protections outside Title 45, Chapter 45.

Violations & Fines

Because the exemption removes farm buildings, farm equipment and farm materials stored around them from the nuisance definition altogether, the county cannot bring a § 45-45-173.04 abatement action against a farm over that stored equipment or material. The exemption does not shield a farm from other Madison County local acts, such as the noise or animal-control provisions, or from unrelated state-law claims.

Frequently Asked Questions

Can Madison County cite my farm for junk under its nuisance ordinance?
Not for farm buildings, farm equipment, or farm materials stored around farm buildings on a farm. Section 45-45-173.01(b) removes those from the public-nuisance definition in § 45-45-173.01(a) entirely.
Does the farm exemption cover everything on my property?
No. It only covers farm buildings, farm equipment, and farm materials stored around farm buildings on a farm. Other conditions on the same property could still fall under the general nuisance rule.
Is there a separate exemption for businesses that burn debris?
Yes. The same subsection exempts a company or business whose primary purpose is burning or incinerating wood, salvage, or construction debris from clearing or building work.
Does this exemption protect a farm from the county's noise ordinance too?
No. Section 45-45-173.01(b) only exempts farm property from the junk/debris public-nuisance law; Madison County's separate noise-control local act, § 45-45-174, exempts mining and trains, not farms.

Sources & Official References

Other rules in Madison County

All Madison County rules

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