Santa Clara County, CA Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Protection
- Bars nuisance claims against lawful farms
- Applies to
- Unincorporated Santa Clara County agricultural land
- Disclosure
- Required on sale of nearby property
- Dispute forum
- Three-member County Grievance Committee
Summary
Santa Clara County's own ordinance shields lawfully run commercial agricultural operations from nuisance claims and sets up a Grievance Committee so disputes with new neighbors get resolved before anyone sues.
No Agricultural activity, operation, or facility or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, consistent with all chapters of the County of Santa Clara Ordinance Code, and consistent with any other applicable law, as established and followed by similar agricultural operations, shall be or become a nuisance, public or private, pursuant to the County of Santa Clara Ordinance Code, if it was not a nuisance when it began.(b)Notwithstanding Subsection (a) of this Section, any Agricultural activity, operation, or facility or appurtenances thereof that is operated, maintained, or conducted in any manner inconsistent with this Code or any other applicable law, is declared to be a public nuisance subject to the provisions of Divisions A1 and A37 of this Code. Nothing herein creates a private cause of action for nuisance against an Agricultural activity, operation, or facility by any person who is not the County or any of its divisions, departments, or authorized agents. (Ord. No. NS-300.705, § 3, 1-14-03; Ord. No. NS-300.967, § 44, 11-15-22)
Sec. B29-4. - Real estate transfer disclosure statement.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Chapter B29-1 through B29-6 of the County Ordinance Code protects agricultural land use directly, on top of state right-to-farm law. An agricultural operation run consistent with accepted customs and other applicable law cannot become a nuisance under the County Code if it wasn't one when it started. Property sellers near agricultural land in unincorporated Santa Clara County must give buyers a real estate transfer disclosure warning of noise, odors, dust, and equipment operation from nearby farms. The County's three-member Grievance Committee, chaired by a County Executive appointee, with a Farm Bureau member and a homeowner-association representative, hears disputes before any lawsuit is filed.
Violations & Fines
This chapter creates no independent penalty; an agricultural operation run outside accepted customs and standards, or violating any other law, loses its nuisance protection and can be pursued as a public nuisance under Divisions A1 and A37.
Frequently Asked Questions
Does this apply to farms inside San Jose or Gilroy?
What must a seller disclose near farmland?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California right to farm overview
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