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.
The provisions of this article shall apply to all land use change
applications within the jurisdiction of this chapter.
A.Â
An agricultural use or agricultural practice is not, nor shall it
become, a nuisance if the following apply:
(1)Â
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)Â
The agricultural use or agricultural practice does not present
a substantial threat to public health or safety.
B.Â
However, this section shall not apply in the case of a negligent
agricultural operation.
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.
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.
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.
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.
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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.
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