(1) In this section, “solid waste facility” has the meaning given in s. 289.01 (35).
823.085.Actions against owners or operators of solid waste facilities.
Ch. 823: Nuisances · Last amended 1995 · Last verified July 15, 2026
In one sentenceSection 823.085 limits remedies against a properly licensed and compliant solid waste facility found to be a nuisance, barring closure absent a public health or safety threat, capping property-damage recovery, and disallowing punitive damages.
Full Text of Section 823.085
(2) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:
(a) Notwithstanding s. 823.03, the court may not order closure of the solid waste facility or substantial restriction in the operation of the solid waste facility unless the court determines that the continued operation of the solid waste facility is a threat to public health and safety.
(b) The department of natural resources shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.
(c) The amount recovered by any person for damage to real property may not exceed the value of the real property as of the date that the solid waste facility began operation increased by 8 percent per year.
(d) Punitive damages may not be awarded.
Plain-English Summary
Section 823.085 gives licensed landfill and waste-facility operators specific protection from the ordinary consequences of a nuisance finding. It defines a solid waste facility using the meaning already given in s. 289.01 (35), and then applies its protections when a court finds a solid waste facility, or its operation, to be a public or private nuisance, provided the facility was licensed under s. 289.31 (1) and operated in substantial compliance with that license, its approved plan of operation, and the applicable rules under s. 289.05 (1).
When those conditions are met, four limits apply. The court may not order the facility closed or substantially restricted, notwithstanding the abatement rule in s. 823.03, unless continued operation threatens public health and safety. The department of natural resources must comply with a court request for suggestions to reduce the nuisance’s offensive aspects. Damages recoverable for harm to real property are capped at the property’s value as of the date the facility began operating, increased by 8 percent per year. And punitive damages are off the table entirely.
Frequently Asked Questions
Can a court shut down a licensed landfill just because a neighbor wins a nuisance claim?
Not automatically. Section 823.085 bars ordering closure or substantial restriction of a compliant, licensed solid waste facility unless continued operation is a threat to public health and safety.
What has to be true about the facility for these protections to apply?
It must have been licensed under s. 289.31 (1) and operated in substantial compliance with that license, its approved plan of operation, and the department of natural resources rules under s. 289.05 (1) that apply to it.
Is there a cap on how much I can recover for property damage from the facility?
Yes. Section 823.085 limits recovery to the property’s value as of the date the facility began operating, increased by 8 percent per year.
Can I get punitive damages against a licensed, compliant solid waste facility?
No. Section 823.085 disallows punitive damages under these circumstances.
Does the department of natural resources have to help reduce the nuisance if asked?
Yes. Section 823.085 requires the department to comply with a court’s request to provide suggestions for practices that reduce the offensive aspects of the nuisance.
Amendment History
History: 1991 a. 269; 1995 a. 227.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: solid waste facility nuisance lawsuit wisconsinlandfill nuisance protection wisconsinpunitive damages landfill nuisance wisconsinlicensed waste facility closure limits