Wisconsin Right to Farm Nuisance Protection Law

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.