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

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

Key Facts

Governing section
County Code § 17.08.080(H)
Applies to zones
A-1, A-1-40, A-2 (and 1,000 ft buffer)
Recording method
On final map or by separate instrument
Also required for
Secondary dwellings, ag-tourism STRs
Purpose
Notice to buyers, lessees, financiers

Summary

Unincorporated Merced County requires a recorded Certificate of Public Acknowledgement of Farming Activities on final subdivision maps near agricultural land, warning future buyers, lessees, and lenders that dust, odors, noise, and chemical use from nearby farming are normal and expected.

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

H. Certificate of Public Acknowledgement of Farming Activities. 1. Where required by this title, every final map shall have a certificate placed on the map, or shall record by separate instrument, which notifies future buyers, lessees, or financiers of the following: The property described on the final map is in the vicinity of land utilized for agricultural purposes, and residents of this property may be subject to inconvenience or discomfort arising from the use of agricultural chemicals... The county of Merced has established agriculture as a priority use in agricultural zones... 2. This section shall only apply to those properties within agricultural zones (A-1, A-1-40 or A-2) or inside and within 1,000 feet of a Specific Urban Development Plan (SUDP) boundary, Rural Residential Center (RRC) boundary, Highway Interchange Center (HIC) boundary or Agricultural Service Center (ASC) boundary.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4930839; v8 updated 2026-06-02).

Full Breakdown

080(H) requires every final subdivision map, where applicable under Title 17, to carry a Certificate of Public Acknowledgement of Farming Activities, either placed directly on the map or recorded by separate instrument. The certificate must notify future buyers, lessees, or financiers that the property is in the vicinity of land used for agricultural purposes and that residents may face inconvenience or discomfort from agricultural chemicals such as pesticides and fertilizers, and from operations including animal husbandry, plowing, spraying, and burning that can generate dust, smoke, noise, insects, and odors.

The certificate further states that the county has established agriculture as a priority use in agricultural zones outside designated urban and service-center boundaries, and that nearby residents should be prepared to accept inconvenience from normal, necessary agricultural operations. 080(H)(2) limits this requirement to properties within the A-1, A-1-40, or A-2 agricultural zones, or within 1,000 feet of a Specific Urban Development Plan, Rural Residential Center, Highway Interchange Center, or Agricultural Service Center boundary shown on the General Plan Land Use Map. 270(C)(4)(c) requires one before a short-term rental tied to an agricultural tourism enterprise can be permitted.

Violations & Fines

A final subdivision map that omits the required Certificate of Public Acknowledgement of Farming Activities does not meet the certification requirements of Section 17.08.080 and can be rejected by the County Surveyor or held back from recordation until the certificate is added; the County Recorder's statement and filing depend on compliance with this and the chapter's other certification requirements.

Frequently Asked Questions

What is a right-to-farm certificate in Merced County?
It is a Certificate of Public Acknowledgement of Farming Activities required under Section 17.08.080(H) on qualifying final subdivision maps, notifying future buyers, lessees, or financiers that nearby agricultural operations may cause dust, odor, noise, and other inconveniences.
Which properties in Merced County need this farming disclosure?
Section 17.08.080(H)(2) limits the requirement to parcels within the A-1, A-1-40, or A-2 agricultural zones, or within 1,000 feet of a Specific Urban Development Plan, Rural Residential Center, Highway Interchange Center, or Agricultural Service Center boundary.
Does the certificate protect farmers from nuisance complaints?
It functions as an upfront notice rather than a standalone nuisance-immunity statute: Section 17.08.080(H) puts future residents on written notice that normal, necessary agricultural operations near agricultural zones are expected and county-prioritized.

Sources & Official References

Other rules in Merced County

All Merced County rules

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