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.
West Allis, WI
Animal noise in West Allis falls under the general noise ordinance §7.035 and the city's animal ordinances. Persistent barking disturbing neighbors is subjec...
West Allis, WI
West Allis regulates noise and vibration under Municipal Code §7.035. The West Allis Health Department is the primary enforcement agency; Police Department m...
West Allis, WI
West Allis regulates amplified music under the noise ordinance. Wisconsin State Fair Park events operate under separate state permits. Residential areas near...
West Allis, WI
RV and recreational vehicle parking in West Allis residential areas is governed by city zoning code. Generally one RV per lot is permitted with setback requi...
West Allis, WI
Large commercial vehicles are restricted in West Allis residential zones under city zoning code. Contact West Allis Code Enforcement for specific requirements.
West Allis, WI
West Allis requires vehicles parked on improved surfaces. Front lawn parking prohibited. Driveway modifications require permits.
See how West Allis's farm nuisance protection rules stack up against other locations.
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