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Herman Town Dodge County
City Zoning Code

ARTICLE XIII

Right to Farm

§ 384-98 Purpose.

It is the intent of this article to conserve, protect, and encourage the continued use and improvement of agricultural land in the Town of Herman for the production of agricultural products. Additionally, this article is designed to preserve the right of farmers to produce, without unnecessary interference, agricultural products using generally accepted agricultural practices.

§ 384-99 Applicability.

The provisions of this article shall apply to all land use change applications within the jurisdiction of this chapter.

§ 384-100 Limitation on private action.

A. 
An agricultural use or agricultural practice is not, nor shall it become, a nuisance if 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; and
(2) 
The agricultural use or agricultural practice does not present a substantial threat to public health or safety.
B. 
However, this section shall not apply in the case of a negligent agricultural operation.

§ 384-101 Development review.

In reviewing any application for a land use change, the Town Board and/or Plan Commission shall, to the maximum extent feasible, ensure that such change does not adversely affect any existing agricultural operation on land not subject to the land use change, including access to active agricultural operations.

§ 384-102 Noise and odors.

Farmers often work late into the night, especially during planting and harvest time, when noise from their machinery can be heard. Land preparation can cause dust, especially during windy and dry weather. The smell of organic fertilizer may be evident during field applications.

§ 384-103 Slow moving vehicles.

Moving at top speeds of 15 to 20 miles per hour, farm equipment may slow travel time on rural roads. Vigilance and patience are required. Farm equipment will display a slow moving vehicle emblem, a red-orange fluorescent triangle surrounded by a reflective red border, on the rear of the implement. This is a warning to slow down. Large farm equipment may extend into the oncoming traffic lane. Safety should be a top concern for all drivers on our township roads.

§ 384-104 Chemicals.

Fertilizers and herbicides are often used in growing crops. These products are applied by licensed applicators. Respect for a neighbor's adjacent land is shown by knowing the prevailing winds and preventing drift.
NOTE: Through § 823.08, Wis. Stats., the Wisconsin Legislature has adopted a right to farm law. This statute limits the remedies of later established residential property to seek changes to preexisting agricultural practices in the vicinity of residential property. Active agricultural operations are now taking place and may continue in the vicinity of the plat of the Town of Herman. These active agricultural operations may produce noises, odors, dust, machinery traffic, or other conditions during daytime and evening hours.