San Diego County, CA Right to Farm: Farm Nuisance Protection (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.
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."
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?
Can I sue a neighboring farm for noise or odors?
What has to be in the seller's disclosure form?
Sources & Official References
Other rules in San Diego County
California rules heatmap·Compare San Diego County to another location·View the California right to farm overview
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