The California Right to Farm Act under Civil Code 3482.5 protects established agricultural operations from nuisance lawsuits brought by neighbors who moved in after farming began. The law applies statewide and limits both private and local government nuisance actions.
Civil Code 3482.5 provides that no agricultural activity, operation, or facility conducted on agricultural land for commercial purposes shall be considered a nuisance, private or public, after it has been in operation for more than three years if the operation was not a nuisance at its inception. The protection extends against changed surrounding conditions, including new residential development encroaching on farm areas. The statute applies statewide and binds counties, cities, and private parties. Local nuisance ordinances cannot override the state's three-year farming protection. Operations conducted negligently or in violation of state or federal law lose protection.
Plaintiffs filing barred nuisance actions may face dismissal and statutory attorney fees under Civil Code 3482.5(b) when the agricultural defendant prevails.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Fremont, CA
Fremont limits leaf blower use to daytime hours and must comply with California AB 1346 banning sales of new gas blowers statewide as of 2024.
Fremont, CA
Fremont limits industrial noise to 70 dBA at commercial property lines and 55 dBA at abutting residential lines under FMC Chapter 5.30.
Fremont, CA
Fremont treats persistent dog barking as a public nuisance under FMC Chapter 6, with Animal Services investigating complaints and issuing citations.
Fremont, CA
Fremont permits wood, masonry, vinyl, and metal fences but restricts barbed wire, electric fencing, and combustible materials in fire-hazard zones.
Fremont, CA
Retaining walls over 3 feet high require engineered permits in Fremont, with extra scrutiny for Mission Peak and Hayward Fault slope areas.
Fremont, CA
Fremont prohibits exotic and wild animals under California Code of Regulations Title 14 Section 671 and FMC Chapter 6, preempting most exotics.
See how Fremont's farm nuisance protection rules stack up against other locations.
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