Davis, CA Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- Davis Municipal Code § 40A.02.010
- Nuisance standard
- Civil Code §§ 3482.5, 3482.6
- Pre-suit step
- Agricultural grievance procedure, § 40A.02.020
- Hearing officer deadline
- 25 days to hold meeting
- Deed restriction trigger
- Within 1,000 feet of ag land
- Applies to
- Properly conducted farm/processing operations
Summary
Davis Municipal Code Chapter 40A shields properly conducted agricultural operations from local nuisance claims unless a court would find a nuisance under state Civil Code standards, and it channels most disputes into a city grievance procedure before litigation.
(a) 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. Agricultural and agricultural processing operations shall comply with all state, federal and local laws and regulations applicable to the operations. (b) Notwithstanding any other provision of this chapter, no action shall be maintained under this chapter alleging that an agricultural or agricultural processing operation has interfered with private property or personal well-being or is otherwise considered a nuisance unless the plaintiff has sought to obtain a decision pursuant to the agricultural grievance procedure provided in Section 40A.02.020 (resolution of disputes) or a decision has been sought but no decision is rendered within the time limits provided in said section.
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
6, the state right-to-farm statutes, and requires agricultural and agricultural processing operations to comply with all applicable state, federal, and local law. 020, or a decision was sought but not rendered within that section's time limits. 020(d). 040 requires the same 1,000-foot notice to be given to every buyer or tenant of such property. 010 explains the underlying policy: reducing the loss of agricultural resources by limiting when agricultural operations can be deemed a nuisance, protecting purchasers with notice, and requiring buffers between new development and farmland in the Davis planning area shared with Yolo and Solano Counties.
Violations & Fines
Chapter 40A does not create a criminal offense for farming; instead it operates as a procedural and substantive defense. A resident who sues over noise, dust, odors, or similar effects of a qualifying agricultural operation without first pursuing the Section 40A.02.020 grievance procedure has not exhausted the required step, and the operation itself is shielded from a nuisance finding unless the state Civil Code 3482.5/3482.6 nuisance standard is actually met. Costs of the hearing officer process are borne by the participants under Section 40A.02.020(e), and the city council may set fees by resolution to recover them. Separately, failure to record the Section 40A.01.030 deed restriction or give the Section 40A.01.040 transfer notice does not invalidate the underlying grant, conveyance, or lease, per Section 40A.01.040(c).
Frequently Asked Questions
Can a Davis resident sue a neighboring farm for noise or dust?
What is the Davis agricultural grievance procedure?
Who has to get a right-to-farm deed restriction in Davis?
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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Farm Nuisance Protection in Nearby Cities
How other cities in Yolo County handle farm nuisance protection.