Madera County, CA Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Protected after
- 1 year of operation
- Applies to
- commercial ag activity only
- Notice recorded on
- new land divisions
- Doesn't override
- state nuisance statutes
Summary
Unincorporated Madera County shields established commercial agricultural operations from nuisance suits over changed conditions nearby, as long as the operation follows accepted farming practices and has run for over a year.
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, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than one year if it was not a nuisance at the time it began.B.This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.C.This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations. (Ord. 522 § 2(part), 1989).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 52).
Full Breakdown
Madera County Code § 6.28.050 states that no commercial agricultural activity, operation or facility conducted consistent with proper and accepted local farming customs and standards becomes a nuisance, public or private, due to a changed condition in or about the locality, once it has operated more than one year without having been a nuisance when it began. Under § 6.28.060 the county also records a right-to-farm notice on new land divisions and may mail one with the annual tax bill, warning nearby residents to expect ordinary farm noise, dust and odors. The shield does not override state nuisance law under the Health and Safety, Fish and Game, Food and Agricultural, or Water Codes.
Violations & Fines
This is a defense against private nuisance claims rather than a penal provision; it does not protect operations that were already a nuisance when they began or that ignore accepted local farming standards.
Frequently Asked Questions
Can I sue a nearby farm in unincorporated Madera County for smell or noise?
Does the right-to-farm rule cover new subdivisions near farmland?
Sources & Official References
Other rules in Madera County
California rules heatmap·Compare Madera County to another location·View the California right to farm overview
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