Butte County, CA Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing Chapter
- Butte County Code Chapter 35
- Core Protection
- § 35-6 nuisance immunity for proper farms
- Negligence Exception
- No protection for negligent/improper operation
- Annual Notice
- § 35-7 mailed with property tax bill
- Development Disclosure
- § 35-8 recorded declaration required
- Marijuana Excluded
- Not an agricultural operation under § 35-2(g)
Summary
Butte County's Right to Farm Ordinance, Chapter 35, shields properly conducted agricultural operations on agricultural land from nuisance claims once established, so long as they follow standard local practices and hold all required permits. Section 35-6 bars a farm from becoming a nuisance under the county code if it complies with federal, state, and county law, but the shield does not cover negligent or improperly managed operations.
No agricultural operation conducted or maintained on agricultural land in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the county, shall be or become a nuisance for purposes of this Code or county regulations if it was not a nuisance when it began, provided that such operation complies with the requirements of all applicable federal, state, and county statutes, ordinances, rules, regulations, approvals and permits. The provisions of this section shall not apply where a nuisance results from the negligent or improper management or operation of an agricultural operation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 61).
Full Breakdown
Adopted by Ordinance No. 4092 in 2015 and amended by Ordinance No. 4106 in 2016, Chapter 35 declares it county policy under Section 35-2 to conserve, protect, enhance, and encourage agricultural operations on land zoned for agriculture, and to reduce the loss of agricultural resources caused by nuisance complaints as residential and commercial uses expand into farm country. The operative protection, Section 35-6, provides that an agricultural operation conducted consistent with proper and accepted customs and standards followed by similar operations in the county cannot become a nuisance under the code or county regulations if it was not a nuisance when it began, provided the operation complies with all applicable federal, state, and county statutes, ordinances, rules, and permits; the section expressly withdraws that protection where the nuisance results from negligent or improper management.
Section 35-3 clarifies that the ordinance only guides interpretation and enforcement of county code and does not modify state nuisance law under the Civil, Health and Safety, Fish and Game, Food and Agricultural, or Water Codes. The county backs the protection with two mandatory disclosures: Section 35-7 requires the treasurer-tax collector to mail every property owner a right-to-farm notice with the annual tax bill, and Section 35-8 requires anyone seeking development approval on or adjacent to agricultural land to record a declaration acknowledging the right to farm before the county issues the approval.
Marijuana cultivation is expressly excluded from the ordinance's protection: Section 35-2(g) states it is not treated as an agricultural operation for purposes of Chapter 35.
Violations & Fines
Chapter 35 itself imposes no penalty on farm operators; it is a defense against nuisance claims, not a use permit. Section 35-10 provides that noncompliance with any provision of the article does not affect title to real property or prevent recording a document. A property owner or developer who fails to record the acknowledgment declaration required under Section 35-8 before a development approval, however, can be required by the director of development services to record it as a condition of that approval.
Frequently Asked Questions
Does Butte County protect farmers from nuisance lawsuits over normal farm activity?
What does the annual property tax bill notice about farming mean in Butte County?
Do I have to sign anything about farming if I build near agricultural land in Butte County?
Sources & Official References
Other rules in Butte County
California rules heatmap·Compare Butte County to another location·View the California right to farm overview
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