Wisconsin Statewide Rule

Wisconsin Right to Farm Nuisance Protection Law

Some RestrictionsApplies statewide across Wisconsin (2026)

Key Facts

Legal Reference: Statute 823.08 protects established agricultural operations
Nuisance Plaintiffs Must: Nuisance plaintiffs must prove a substantial public threat
Coming-to-the-nuisance Defense Codified: Coming-to-the-nuisance defense codified
Prevailing Farms May: Prevailing farms may recover attorney fees
Covers Crops, Livestock,: Covers crops, livestock, dairy, and aquaculture

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

Summary

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.

In an action in which an agricultural use or an agricultural practice is found to be a nuisance, the following conditions apply: 823.08(3)(b)1.1. The relief granted may not substantially restrict or regulate the agricultural use or agricultural practice, unless the agricultural use or agricultural practice is a substantial threat to public health or safety. 823.08(3)(b)2.2.

Source: Wisconsin State LegislatureView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Can I sue a neighboring dairy farm for odor in Wisconsin?

Generally no, if the dairy predated your interest and uses accepted practices. Wis. Stat. 823.08 requires proof of a substantial public threat.

Does Right to Farm cover new farm operations?

It primarily protects operations existing before the complaining neighbor acquired their interest, though courts have applied it broadly.

Sources

Source

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