Madera, CA Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Development delay trigger
- expected to exceed 5 years
- Permit type
- conditional use permit
- Approving body
- Planning Commission
- Initial term cap
- 5 years
- Extension cap
- 5 years each
- Excluded uses
- livestock, dairy, slaughterhouses, rendering
- Adopted
- Ord. 907 C.S., 2013
Summary
Madera Municipal Code § 10-3.421 lets the Planning Commission grant a conditional use permit for farming on residential, commercial or industrial land that won't be developed for more than five years. The permit runs up to five years and can be extended in five-year increments.
(A) In all residential, commercial, and industrial zone districts in the city, when various factors combine to make the development of a property infeasible for a period of time anticipated to be in excess of five years, a use permit may be granted by the Planning Commission to allow for agricultural activities on an interim basis, until such time as development consistent with the underlying zone district becomes viable. ... (F) Approval of a conditional use permit for interim agricultural uses of land shall be approved for an initial period of no more than five years. Extension of interim agricultural uses after the initial approval period shall require the approval of an application for amendment to the conditional use permit from the Planning Commission. Each approved extension shall not exceed a period of five years.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-50: Current through Ordinance 1010 C.S., passed 6-5-24).
Full Breakdown
Adopted by Ord. 421 addresses land zoned for residential, commercial or industrial use that sits undeveloped because development is not feasible for a period expected to exceed five years. Subsection (A) lets the Planning Commission grant a conditional use permit allowing agricultural activity on that land on an interim basis until development consistent with the zoning becomes viable. Subsection (B) defines INTERIM AGRICULTURE narrowly as tilling soil for grains, crops, orchards, horticulture or viticulture, and expressly excludes small livestock farming, dairying, animal husbandry, slaughterhouses, fertilizer yards and rendering plants.
To approve the permit, subsection (C) requires findings that the interim use will not be detrimental to the health, safety or welfare of the neighborhood and will not harm city infrastructure, and requires techniques that maximize water efficiency, minimize erosion, and comply with the city's Storm Drain Master Plan. An application under subsection (D) must justify the necessity of the interim use and include a total acreage calculation, a description of the crops and their water usage, an irrigation-technique description, and a plan for eventually converting the property to its planned use.
Subsection (F) caps the initial approval at no more than five years, with any extension requiring a Planning Commission amendment application and each approved extension itself capped at five years.
Violations & Fines
Farming a residential, commercial or industrial parcel under § 10-3.421 without an approved conditional use permit, or continuing past an expired permit term, is a Municipal Code violation. Under § 1-2.01, that is an infraction citywide since 1981 per Cal. Gov't Code § 36900, or, where a misdemeanor still applies, punishable by a fine up to $1,000, up to six months in jail, or both, with each day a separate offense.
Frequently Asked Questions
Can I farm a vacant commercial lot in Madera while waiting to build?
Does Madera's interim agriculture permit cover livestock or dairy operations?
How long does an interim agricultural use permit last in Madera?
Sources & Official References
Other rules in Madera
California rules heatmap·Compare Madera to another location·View the California right to farm overview
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