Davis, CA Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Deed restriction trigger
- Within 1,000 feet of agricultural land
- Minimum agricultural buffer
- 150 feet (100 ft buffer + 50 ft transition)
- Nuisance standard
- Cal. Civil Code §§ 3482.5, 3482.6
- Grievance filing window
- 90 days from the incident
- Hearing officer timeline
- Meet in 25 days, decide in 5 more
- Governing chapter
- DMC Chapter 40A, Ord. 1823
Summary
Davis requires a recorded deed restriction and written notice whenever a discretionary development permit affects property within 1,000 feet of agricultural land or operations. A properly conducted farm is not a nuisance under the ordinance unless it meets California's own nuisance test, and disputes must go through a city grievance process first.
As a condition of approval of a discretionary development permit, including, but not limited to, tentative subdivision and parcel maps, use permits, and rezoning, prezoning, and planned developments, relating to property located within one thousand feet of agricultural land, agricultural operations or agricultural processing facilities or operations, every transferor of such property shall insert the deed restriction recited below in the deed transferring any right, title or interest in the property to the transferee. ... Agricultural operations shall not be considered a nuisance under this chapter unless such operations are deemed to be a nuisance under California Civil Code Sections 3482.5 and 3482.6.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).
Full Breakdown
010, of preserving agricultural land within the Davis planning area jointly with Yolo and Solano counties and reducing conflicts between farms and nearby development. 030 requires that, as a condition of approval for a discretionary development permit (including tentative subdivision and parcel maps, use permits, rezonings, prezonings and planned developments) on property within one thousand feet of agricultural land, agricultural operations or agricultural processing facilities, the transferor must insert a right-to-farm deed restriction in the transfer deed. 040 separately requires transferors to give every buyer or tenant a written notice of right to farm in the sale or lease documents, acknowledged by both parties; failure to include the notice does not invalidate the transfer.
050 layers on a physical agricultural buffer requirement: new developments adjacent to designated agricultural, greenbelt or environmentally sensitive habitat land must provide a minimum 150-foot agricultural buffer/transition area, split into a 100-foot buffer contiguous to the farmland and a 50-foot transition area open to public access, wider buffers being encouraged to reach the 500-foot aerial spray setback used by Yolo and Solano counties. 020, or a decision was sought and none was issued in time.
Violations & Fines
There is no criminal penalty written into Article 40A.01 or 40A.02 itself. The consequence for skipping the deed restriction or notice is that the transferor remains obligated to include it in future transfers; omitting it does not invalidate a completed sale, lease or encumbrance. For nuisance disputes, the real teeth are procedural: a party cannot maintain a court action against a qualifying agricultural operation until they submit the dispute to a hearing officer or agreed community mediation within 90 days of the incident, with the hearing officer required to meet within 25 days and issue a written decision within 5 days after.
Frequently Asked Questions
Can I sue a neighboring farm in Davis for noise, dust or spraying?
Why did my deed have a right-to-farm restriction attached?
How wide is the required buffer next to farmland in Davis?
Does the notice requirement void my purchase if it's left out?
Sources & Official References
Other rules in Davis
California rules heatmap·Compare Davis to another location·View the California right to farm overview
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Agricultural Zoning Protection in Nearby Cities
How other cities in Yolo County handle agricultural zoning protection.