Gilroy, CA Right to Farm: Farm Nuisance Protection (2026)

Gilroy's city council enacted Chapter 3A, Agricultural Disclosure and Dispute Resolution, by Ordinance No. 93-22 to keep residential growth from squeezing out the city's agricultural industry. Section 3A.1 finds that residential development next to farmland can restrict agricultural operations to the industry's detriment, and states the chapter does not modify or abridge state nuisance law. Section 3A.2 defines 'nuisance' by expressly incorporating the state exceptions: activities are nuisances under state law, 'noting exceptions to nuisance for commercial agricultural activities and commercial agricultural processing activities set forth in California Civil Code sections 3482.5 and 3482.6.' Rather than simply repeating those exemptions, Gilroy built a local mechanism around them: Section 3A.3 requires sellers of one-to-four-unit residential property near agricultural land to deliver a standardized disclosure statement warning buyers of noise, odors, dust, 24-hour machinery operation, manure storage and pesticide spraying tied to nearby commercial ag activity, referencing Civil Code Sections 3482.5, 3482.2 and 1102.6(a).

Section 3A.4 then gives any party to a resulting controversy 30 days to submit it in writing to the grievance committee, defined as the Gilroy Planning Commission, which must meet within 30 days and issue a written decision within 20 days after that meeting; the decision is not binding, but the parties may agree to binding arbitration under the Commercial Arbitration Guidelines of the American Arbitration Association.