Wisconsin Statewide Rule

Wisconsin Right-to-Farm and Livestock Facility Siting

Some RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Siting law: Wis. Stat. 93.90
Right to farm: Wis. Stat. 823.08
Threshold: 500+ animal units
Standards: ATCP 51

Last verified: August 21, 2026Source: Wisconsin State Legislature

Summary

Wisconsin's right-to-farm law (Wis. Stat. 823.08) and Livestock Facility Siting Law (Wis. Stat. 93.90) limit municipal authority to restrict agricultural operations and standardize permitting for livestock facilities statewide.

(a) Notwithstanding ss. 33.455, 59.03 (2) (a), 59.69, 60.10 (2) (i), 60.61, 60.62, 61.34 (1), 61.35, 62.11 (5), 62.23, 66.0415, 92.07 (2), 92.11, and 92.15 (3) (a), a political subdivision may not disapprove or prohibit a livestock facility siting or expansion unless at least one of the following applies: 93.90(3)(a)1.1. The site is located in a zoning district that is not an agricultural zoning district. 93.90(3)(a)2.2. The site is located in an agricultural zoning district in which the proposed new or expanded livestock facility is prohibited, subject to pars. (b) and (c). 93.90(3)(a)3.

Source: Wisconsin State LegislatureView official code

Full Breakdown

Wis. Stat. 93.90 establishes uniform statewide standards for siting and expansion of livestock facilities with 500+ animal units, preempting inconsistent local ordinances. Cities and counties may require permits but must use state criteria adopted under ATCP 51, including odor, runoff, waste, and setback standards. Wis. Stat. 823.08 provides nuisance protection for established agricultural operations. Smaller backyard chicken keeping remains primarily local, but the state preempts municipalities from adopting livestock siting standards stricter than ATCP 51 without DATCP approval. Farmland preservation zoning under ch. 91 also limits restrictions in agricultural districts.

Violations & Penalties

Local ordinances inconsistent with ATCP 51 are unenforceable. Operators denied permits inconsistent with state law may appeal to the Livestock Facility Siting Review Board.

Frequently Asked Questions

Can my Wisconsin city ban backyard chickens?

Yes for small numbers in residential zones. State preemption under 93.90 only covers livestock facilities with 500+ animal units, so cities retain authority over hobby flocks.

Does state law protect existing farms from nuisance suits?

Yes. Wis. Stat. 823.08 provides a defense to nuisance claims for agricultural operations meeting state standards, even when neighbors later complain about odor or noise.

Sources

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