McLean County, IL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- Zoning Code § 350-35.B
- Applies to
- A Agriculture District only
- Listed impacts
- Noise, odor, dust, machinery, manure, pesticides
- State law referenced
- Illinois Right-to-Farm Law
- Effect
- Notice; can bar nuisance judgments
Summary
McLean County's zoning code puts every owner and resident of the A Agriculture District on official notice, under Section 350-35B, that Illinois' state Right-to-Farm Law can bar them from winning a nuisance lawsuit against normal farming operations, including noise, odors, dust and pesticide application.
Agricultural nuisance disclaimer. Properties within the agricultural district are located in an area where land is used for commercial agricultural production. Owners, residents, and other users of property in the Agriculture District or neighboring property may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, the application of fertilizers, soil amendments, herbicides, and pesticides. Therefore, owners, occupants, and users of property within the Agriculture District should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that the state Right-to-Farm Law may bar them from obtaining a legal judgment against such normal agricultural operations.
Full Breakdown
Section 350-35B, titled Agricultural nuisance disclaimer, states that properties within the Agriculture District sit in an area where land is used for commercial agricultural production, and that owners, residents and other users of property in the district or on neighboring land may be subjected to inconvenience, discomfort and the possibility of injury to property and health arising from normal and accepted agricultural practices. The section lists specific sources of that impact by name: noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides.
It then directs owners, occupants and users of Agriculture District property to be prepared to accept those inconveniences from normal agricultural operations, and states they are put on official notice that the Illinois Right-to-Farm Law may bar them from obtaining a legal judgment against such operations. This provision does not itself create a cause of action or defense; it is a zoning-code disclosure device that flags the state Right-to-Farm Act's nuisance protections (765 ILCS 70) for anyone buying or building near working farmland in unincorporated McLean County. The disclaimer applies only within the mapped Agriculture District, not within Bloomington or Normal, whose separate municipal codes control land inside their corporate limits.
Violations & Fines
Section 350-35B is a disclosure and notice provision rather than a permitting rule, so the County does not cite property owners for violating it. Its practical effect surfaces if a neighbor sues over farm noise, odor or dust: the state Right-to-Farm Law referenced in the disclaimer can bar that nuisance claim from succeeding against an established, normally-operated farm in the district.
Frequently Asked Questions
Can I sue a neighboring farm in McLean County's Agriculture District for noise or odor?
Does the nuisance disclaimer apply inside Bloomington or Normal?
What specific farm activities does the disclaimer cover?
Sources & Official References
Other rules in McLean County
Compare McLean County to another location·View the Illinois right to farm overview
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