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San Diego County, CA Right to Farm: Farm Nuisance Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Unincorporated San Diego County only
Who must disclose
Seller of residential real property
Protection period
Farm shielded after 3 years' operation
Disclosure form
Must meet Civil Code § 1102.6a
Adopted
Ord. No. 7408 (N.S.), eff. 12-10-87

Summary

Sellers of residential property in unincorporated San Diego County must give buyers a written disclosure that a nearby farm may cause noise, odors, dust or spraying. State Civil Code shields the farm from nuisance suits once it has run three years without complaint.

City-specific rules exist: San Diego has its own farm nuisance protection rules that differ from San Diego County's county-level regulations. If you live in San Diego, check the city-specific page instead.

A property owner selling real property intended for residential use in the unincorporated area of the County shall provide a written disclosure to a prospective purchaser of the property that contains the following information, on a disclosure form that complies with Civil Code section 1102.6a: "Commercial agricultural operations are located throughout the unincorporated area of San Diego County and are often conducted on relatively small parcels. Because the subject property is also located in the unincorporated area it is likely to be located near a commercial agricultural enterprise. Occupants of the property offered for sale may experience inconvenience, irritation or discomfort arising from the agricultural enterprise, including but not limited to noise, odors, fumes, dust, smoke, insects, rodents, the operation of machinery of any kind, including aircraft, during any 24 hour period, the storage and disposal of manure, and agricultural chemicals, such as pesticides and fertilizers, that may be applied by spraying or other means."

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-141: Administrative: Current through Ord. No. 11007 (N.S.), effective 7-10-26 | Regulatory: Current through Ord. No. 11008 (N.S.), effective 7-24-26).

Full Breakdown

6, which protect a commercial agricultural enterprise from being declared a nuisance due to changed conditions in the neighborhood, provided the operation follows accepted agricultural customs and standards and has run for more than three years without being a nuisance when it started. 6a, warning that the property may sit near a commercial farm and that occupants could experience inconvenience from noise, odors, fumes, dust, smoke, insects, rodents, machinery (including aircraft) at any hour, manure storage, or pesticide and fertilizer spraying. 6(a), an established farm meeting those customs and standards is not a nuisance, present or future, so the inconvenience must be accepted unless the operation crosses into the nuisance carve-outs in subsections (b) or (c) of either statute. The notice also flags that the farm may expand.

Violations & Fines

The chapter does not set out its own penalty schedule for a seller who skips the disclosure; a buyer's remedy runs through the general disclosure-form requirements of Civil Code section 1102.6a and any private cause of action for nondisclosure in a real estate transaction, not through a County citation.

Frequently Asked Questions

Does this apply inside the City of San Diego or other cities?
No. Chapter 4 of Division 3, Title 6 of the County Code governs only the unincorporated territory of San Diego County. Escondido, Chula Vista, Poway and the county's other 15 incorporated cities each set their own rules and are not bound by this disclosure duty.
Can I sue a neighboring farm for noise or odors?
Not easily. California Civil Code sections 3482.5 and 3482.6, which the County disclosure quotes verbatim, block nuisance claims against an agricultural enterprise that has operated more than three years using accepted local farming customs and was not a nuisance when it began, unless it later becomes a nuisance under the statutes' own exceptions.
What has to be in the seller's disclosure form?
The form must state that commercial agricultural operations are common in the unincorporated county, are often on small parcels, and may cause inconvenience from noise, odors, dust, smoke, insects, rodents, machinery operating any hour including aircraft, manure storage, and pesticide or fertilizer application by spraying.

Sources & Official References

Other rules in San Diego County

All San Diego County rules

California rules heatmap·Compare San Diego County to another location·View the California right to farm overview

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