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El Dorado County, CA Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Governing section
County Code § 130.40.290
Protected zones
PA, LA, AG, FR, TPZ
Key exception
Negligent or improper operation
Dispute process
Ag Commission advisory opinion
Seller duty
Written disclosure before sale
Legal basis
State nuisance law unchanged

Summary

El Dorado County Code Section 130.40.290 shields existing agricultural operations on PA, LA, AG, FR, and TPZ-zoned land from nuisance claims filed by neighbors who move in later. Sellers of agricultural property must give buyers a written Right to Farm disclosure, and the Agricultural Commission can issue advisory opinions when a nuisance dispute arises.

These county ordinances apply to unincorporated areas of El Dorado County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

C.Nuisance. No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land shall become or be a nuisance, private or public, due to any changed condition of the use of adjacent land in or about the locality thereof. However, the provisions of this Subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal, or basin, or any public park, square, street or highway.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 13 Update 4).

Full Breakdown

290 declares it County policy to conserve agricultural land by limiting when agricultural operations can be treated as a nuisance once nonagricultural development, such as new residential subdivisions, moves in nearby. 'Agricultural Land' covers parcels zoned Planned Agricultural (PA), Limited Agriculture (LA), Agricultural Grazing (AG), Forest Resource (FR), or Timberland Production Zone (TPZ), plus lots carrying a General Plan Agricultural District or Agricultural Land (AL) designation. 'Agricultural Operations' is defined broadly to include cultivation and tillage of the soil, agricultural burning, pest and disease control on crops and livestock, lawful pesticide and fertilizer application, and the raising, irrigation, pruning, harvesting, or processing of any crop, livestock, or timber commodity.

Subsection C bars any present or future commercial agricultural operation conducted consistent with accepted industry customs and standards from becoming a private or public nuisance due to a changed condition of adjacent land use. If a dispute arises, an interested party can ask the County Agricultural Commission for a written advisory opinion or mediation on whether a specific operation constitutes a nuisance; the Agricultural Commissioner may adopt implementing regulations, and the UC Cooperative Extension Farm Advisor can serve as technical advisor. Subsection E separately requires every seller of unincorporated county real property to give buyers a written disclosure statement containing a copy of the Right to Farm Ordinance and the county's 'Agricultural Land Use in El Dorado County' brochure, disclosing any agricultural setback requirements and noting that intensive agricultural activities may occur nearby; the buyer must sign the disclosure and the seller keeps the signed copy in escrow.

Violations & Fines

The nuisance shield in Subsection C does not apply whenever the claimed nuisance actually results from negligent or improper operation of the agricultural activity, or whenever the operation obstructs free passage or customary use of a navigable lake, stream, river, canal, basin, or a public park, square, street, or highway. Sellers who skip the Section 130.40.290 disclosure statement, or fail to obtain the buyer's signed acknowledgment before closing escrow, have not met the disclosure requirement.

Frequently Asked Questions

Can a new neighbor sue an existing farm for nuisance in El Dorado County?
Not for ordinary agricultural operations. Section 130.40.290(C) bars any present or future commercial agricultural operation, conducted consistent with accepted industry customs on agricultural-zoned land, from becoming a nuisance solely because of a changed condition of nearby land use, such as new residential development moving in next door.
Does the right-to-farm protection cover negligent farming?
No. Subsection C's nuisance shield does not apply whenever a nuisance actually results from the negligent or improper operation of the agricultural activity, or if the operation obstructs free passage of a navigable waterway or a public park, square, street, or highway.
What must a seller of farmland disclose in El Dorado County?
Subsection E requires every seller of unincorporated county real property to give buyers a written disclosure statement with a copy of the Right to Farm Ordinance, the county's agricultural land use brochure, and any applicable agricultural setback requirements; the buyer signs it and the seller retains the copy in escrow.

Sources & Official References

Other rules in El Dorado County

All El Dorado County rules

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