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WISCONSIN STATUTES
CIVIL PROCEDURE
CHAPTER 823. NUISANCES
823.08. Actions against agricultural uses
(1) Legislative purpose. The legislature finds that development in rural areas and changes
in agricultural technology, practices and scale of operation have increasingly tended to
create conflicts between agricultural and other uses of land. The legislature believes
that, to the extent possible consistent with good public policy, the law should not hamper
agricultural production or the use of modern agricultural technology. The legislature
therefore deems it in the best interest of the state to establish limits on the remedies
available in those conflicts which reach the judicial system. The legislature further
asserts its belief that local units of government, through the exercise of their zoning
power, can best prevent such conflicts from arising in the future, and the legislature
urges local units of government to use their zoning power accordingly.
(2) Definitions. In this section:
(a) "Agricultural practice" means any activity associated with an agricultural
use.
(b) "Agricultural use" has the meaning given in s. 91.01(1).
(3) Nuisance actions. (a) An agricultural use or an agricultural practice may not be
found to be a nuisance if all of the following apply:
1. The agricultural use or agricultural practice alleged to be a nuisance is conducted on,
or on a public right-of-way adjacent to, land that was in agricultural use without
substantial interruption before the plaintiff began the use of property that the plaintiff
alleges was interfered with by the agricultural use or agricultural practice.
2. The agricultural use or agricultural practice does not present a substantial threat to
public health or safety. Paragraph (a) applies without regard to whether a change in
agricultural use or agricultural practice is alleged to have contributed to the nuisance.
(b) In an action in which an agricultural use or an agricultural practice is found to be a
nuisance, the following conditions apply:
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.
2. If the court orders the defendant to take any action to mitigate the effects of the
agricultural use or agricultural practice found to be a nuisance, the court shall do all
of the following:
a. Request public agencies having expertise in agricultural matters to furnish the court
with suggestions for practices suitable to mitigate the effects of the agricultural use or
agricultural practice found to be a nuisance.
b. Provide the defendant with a reasonable time to take the action directed in the court's
order. The time allowed for the defendant to take the action may not be less than one year
after the date of the order unless the agricultural use or agricultural practice is a
substantial threat to public health or safety.
3. If the court orders the defendant to take any action to mitigate the effects of the
agricultural use or agricultural practice found to be a nuisance, the court may not order
the defendant to take any action that substantially and adversely affects the economic
viability of the agricultural use, unless the agricultural use or agricultural practice is
a substantial threat to public health or safety.
(c)1. Subject to subd. 2., if a court requests the department of agriculture, trade and
consumer protection or the department of natural resources for suggestions under par.
(b)2.a., the department of agriculture, trade and consumer protection or the department of
natural resources shall advise the court concerning the relevant provisions of the
performance standards, prohibitions, conservation practices and technical standards under
s. 281.16(3).
2. If the agricultural use or agricultural practice alleged to be a nuisance was begun
before October 14, 1997, a department may advise the court under subd. 1. only if the
department determines that cost-sharing is available to the defendant under s. 92.14, or
281.65 or from any other source.
(4) Costs. (a) In this subsection, "litigation expenses" means the sum of the
costs, disbursements and expenses, including reasonable attorney, expert witness and
engineering fees necessary to prepare for or participate in an action in which an
agricultural use or agricultural practice is alleged to be a nuisance.
(b) Notwithstanding s. 814.04(1) and (2), the court shall award litigation expenses to the
defendant in any action in which an agricultural use or agricultural practice is alleged
to be a nuisance if the agricultural use or agricultural practice is not found to be a
nuisance.
Enacted in 1981, amended in 1995, 1997 and 1999.
Reviewed by AAHS in June 2001.
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