Agriculture

Wisconsin’s “right to farm” law is set forth in s. 823.08, Stats. Despite its colloquial name, the law does not explicitly create a “right” to farm. Instead, it directs courts to favor agricultural uses in certain legal disputes. Specifically, the law applies to civil suits in which a plaintiff files a nuisance action arising from the defendant’s agricultural use or practice. The right to farm law provides certain protections for agricultural land uses and practices in such actions. This information memorandum discusses the origin of Wisconsin’s right to farm law and provides an overview of the current law.

Numerous and unpredictable market factors influence the agricultural economy. These factors include consumer preferences, the setting of federal trade and export policies, and the cost of agricultural inputs such as fuel and fertilizer. To support the success of Wisconsin’s agricultural producers in the face of such uncertainties, the Department of Agriculture, Trade and Consumer Protection administers several marketing assistance programs. This issue brief highlights a few of these programs.

The importance of agriculture in Wisconsin shows itself not just on our state’s license plates, but also in our state’s Constitution – specifically, Article VIII, Section 1, which allows agricultural land to be taxed differently than other types of land. This issue brief summarizes key concepts relating to the classification of agricultural land for property tax assessment purposes and gives an overview of recent Wisconsin Supreme Court decisions that further refine these concepts.

Wisconsin’s fence law, codified in ch. 90, Stats., generally requires adjoining landowners to share the responsibility for maintaining a fence between their properties when either owner uses land for farming or grazing. This issue brief summarizes the law’s history, basic requirements, enforcement, and effect on landowner liability.

Like other types of entities, agricultural businesses must comply with laws regulating natural resources, land use, and the environment. The laws that apply to a given agricultural use depend on the nature of the agricultural practice and the characteristics of a given site. In addition to the laws described below, a particular agricultural operation may be subject to state or federal laws governing water use, waste management, or other environmental impacts.

The state livestock facility siting law and corresponding rules promulgated by the Department of Agriculture, Trade, and Consumer Protection establish uniform, statewide procedures that local governments must follow if they choose to regulate the siting or expansion of livestock facilities. In recent years, an increase in the number of concentrated animal feeding operations in certain areas of the state has renewed legislative interest in the law. The livestock facility siting law contains a general preemption, uniform state standards, and certain exceptions. The Wisconsin Supreme Court has interpreted the law as creating a broad preemption of local authority with respect to livestock facility siting.

A pesticide is any substance designed, intended, or labeled for use in controlling pests or as a plant regulator, defoliant, or desiccant. The term pesticide generally includes such substances as herbicides, insecticides, fungicides, and rodenticides. Pesticides are regulated by both federal and state law, but generally not by local ordinance in Wisconsin. Applicable federal and state regulations include requirements related to labeling, application, and amount of residue allowable on food intended for human or animal consumption.

Since passage of the Agricultural Act of 2014, states have been authorized to operate research-based pilot programs relating to hemp production. On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018, which expanded the manner in which states and tribes may authorize and regulate hemp production and made other significant changes that generally transitioned hemp from a research-based product to an agricultural commodity under federal law.