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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Oakland, CA
Oakland Municipal Code Chapter 8.18 restricts residential construction noise to weekdays 7 a.m. to 7 p.m. and Saturdays 9 a.m. to 8 p.m. Sunday and holiday c...
Oakland, CA
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Oakland, CA
Chapter 8.18 of the Oakland Municipal Code sets numerical dBA limits at the receiving property line that vary by land use and time of day. Single-family resi...
Oakland, CA
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Oakland, CA
Oakland Municipal Code Chapter 8.18 prohibits amplified sound that exceeds residential receiving-level limits or is plainly audible inside another residence ...
Oakland, CA
Oakland restricts gas-powered landscape equipment under Chapter 8.18 and is aligned with the California Air Resources Board phase-out of new small off-road g...
See how Oakland's farm nuisance protection rules stack up against other locations.
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