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.
Monterey County, CA
Excessive barking is a nuisance under Monterey County Code Title 8 (Animal Control) and Chapter 10.60 (Noise Control). Persistent barking, howling, or other ...
Monterey County, CA
Monterey County Code Chapter 10.60 (Noise Control) governs unincorporated areas including Big Sur, Pebble Beach, Carmel Valley, and Pajaro. MCC 10.60.040 set...
Monterey County, CA
Monterey County Code Chapter 12.72 regulates abandoned, wrecked, dismantled, or inoperative vehicles - including RVs, trailers, and boats - on public streets...
Monterey, CA
Monterey City Code Chapter 20 (Motor Vehicles and Traffic) regulates parking. Vehicles may not be parked on any city street for more than 72 consecutive hour...
Monterey County, CA
In unincorporated Monterey County (Title 21 inland, Title 20 coastal), fences may not exceed 6 feet in any zoning district unless they meet accessory-structu...
Monterey County, CA
Monterey County Code Title 8 (Animal Control) and Title 21/20 zoning regulate the keeping of chickens, fowl, and livestock in unincorporated areas. Roosters ...
See how Monterey's farm nuisance protection rules stack up against other locations.
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