Wisconsin Statute 823.08 protects established agricultural operations from nuisance lawsuits by neighbors, requiring courts to dismiss claims unless the farm substantially threatens public health or safety.
Wis. Stat. 823.08, the Wisconsin Right to Farm Law, bars nuisance actions against any agricultural use or practice if the operation existed before the complaining party's interest in the property and is conducted using generally accepted practices. Plaintiffs must prove that the agricultural activity substantially threatens public health or safety in order to overcome the statutory protection. Courts dismissing claims under 823.08 may award costs and reasonable attorney fees to the prevailing farm operator. The law applies to crop production, livestock, dairy, poultry, aquaculture, and related processing facilities. Nonconforming changes after a neighbor moves in can lose protection if they materially expand the operation.
Plaintiffs filing prohibited nuisance suits may be ordered to pay the farm's attorney fees and costs. Farm operators can lose protection if they fail to follow generally accepted practices or engage in conduct that substantially threatens public health or safety.
Oshkosh, WI
Oshkosh enforces quiet hours from 10 PM to 7 AM. Fox River city with 67,000+ residents on Lake Winnebago. Home to EAA AirVenture, the world's largest aviatio...
Oshkosh, WI
Oshkosh regulates amplified music under the general noise ordinance. Sound amplification permits available for events. WI Stat. §947.01 applies.
Oshkosh, WI
Oshkosh considers excessive barking a nuisance. Animal control handles complaints. WI Stat. §174 covers dog regulation statewide.
Oshkosh, WI
Oshkosh enforces parking with special provisions during EAA AirVenture week. UW Oshkosh campus area has student parking management. Winter alternate-side par...
Oshkosh, WI
Oshkosh requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
Oshkosh, WI
Oshkosh restricts commercial vehicle parking in residential zones. Weight, size, and signage limits apply. Overnight heavy truck storage prohibited.
See how Oshkosh's farm nuisance protection rules stack up against other locations.
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