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

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

Key Facts

Protection period
3 years of prior operation
Zones covered
A, A-1-C, A-2-C, OS, W-2
Adopted
Ord. No. 1542, May 14, 1996
Buyer notice radius
300 feet of ag-zoned land

Summary

Hemet bars nuisance lawsuits against established commercial farms in agricultural zones once an operation has run three years without complaint, protecting agriculture as suburban growth encroaches on the San Jacinto Valley.

No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in any zone, and in a manner consistent with 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] three years 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 city ordinances and regulations. (Ord. No. 1542, § 5, 5-14-96)

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 69 Update 2).

Full Breakdown

The Hemet Right-to-Farm Ordinance (Ord. No. 1542) protects commercial agricultural operations, cultivation, dairying, livestock, poultry, apiculture, viticulture, and related activities, in the city's A, A-1-C, A-2-C, Open Space, and W-2 zones from nuisance claims once the operation has run more than three years without having been a nuisance when it began. The city also requires notice on tentative land divisions within 300 feet of agricultural-zoned land, warning buyers that farming nearby may generate noise, odor, or dust. It does not override state Health and Safety, Fish and Game, Food and Agricultural, or Water Code nuisance provisions.

Violations & Fines

This is a legal defense, not a violation trigger: courts must dismiss nuisance suits against qualifying farms, though the ordinance doesn't shield operations from state health, safety, or water-quality violations.

Frequently Asked Questions

Does Hemet's right-to-farm law block all lawsuits against farms?
No. It only bars nuisance claims against commercial agricultural operations that have run more than three years without being a nuisance when they started; state health, safety, and water-quality laws still apply.
What zones does the ordinance cover?
The A, A-1-C, A-2-C, Open Space, and W-2 zones. Hemet's agricultural and open-space classifications under the zoning ordinance.

Sources & Official References

Other rules in Hemet

All Hemet rules

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