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

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

Key Facts

Protection threshold
operation running more than 3 years
Governing chapter
Municipal Code ch. 10.24, Art. 2
State law basis
Cal. Civil Code § 3482.5
Enforcement
civil matter only, not a crime
Key exceptions
negligent handling; blocking public waterway/road
Disclosure duty
required on adjacent discretionary approvals

Summary

Tracy shields agricultural operations running for more than three years from nuisance lawsuits and complaints triggered by nearby development, codifying the right to farm in Municipal Code Chapter 10.24. The rule protects commercial farming, dairying, viticulture and livestock operations that follow accepted local practices from being shut down just because new neighbors moved in nearby.

No agricultural operation, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with the proper and 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. The above shall be the case provided that the agricultural operation has been in operation for more than three (3) years. Subsection (a) of this section shall not apply whenever a nuisance results from the negligent or improper handling of any such agricultural operation by person(s) or entities responsible for such operations, and if the agricultural operation obstructs free passage or use in the customary manner of any navigable lake, river, bay, stream, canal, basin or any public park, square, street or highway.

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).

Full Breakdown

070 states that no agricultural operation conducted for commercial purposes, run in a manner consistent with proper and accepted customs of similar operations in the same locality, can be or become a nuisance, private or public, because of a changed condition in or about the area, provided the operation has been running for more than three years. 5 of the Tracy Urban Management Plan/General Plan 1993. The Community Development Director administers the chapter. 070(b) remove the protection: it does not apply when a nuisance results from the negligent or improper handling of the operation, or when the operation obstructs free passage of a navigable lake, river, bay, stream, canal, basin, or a public park, square, street or highway.

070(b). 080 adds a disclosure duty: every discretionary development approval the Community Development Department issues for land adjacent to an agricultural operation, including tentative and final subdivision maps for residential projects, must reference this chapter, and applicants must make a good faith effort to coordinate cropping patterns, harvesting, pesticide and herbicide application, and farming hours with the adjacent operator to reduce land-use conflicts. 030 confirms the chapter does not override other applicable state or local nuisance law.

Violations & Fines

Violations under this chapter are civil, not criminal: Section 10.24.050 expressly bars misdemeanor or infraction charges, leaving disputes to be resolved directly between the agricultural operator and the complaining party, typically through private civil action rather than city code enforcement citation. A developer that skips the Section 10.24.080 disclosure and coordination requirement on a discretionary approval next to farmland risks a condition of approval being unmet or challenged during Community Development Department review.

Frequently Asked Questions

Does Tracy's right-to-farm law stop all nuisance complaints against a farm?
No. It only bars nuisance claims based on a changed condition in the area, and only once the operation has run for more than three years using accepted local practices. Complaints about negligent handling or about a farm blocking a public waterway, park, street or highway are still allowed under Section 10.24.070(b).
Can I be prosecuted criminally for violating Tracy's right-to-farm chapter?
No. Section 10.24.050 makes any violation of Chapter 10.24 a civil matter between the affected parties, expressly excluding misdemeanor or infraction charges, so the City does not pursue criminal code enforcement under this chapter.
What must a developer do before building next to a Tracy farm?
Under Section 10.24.080, any discretionary development approval for land adjacent to an agricultural operation, including tentative and final subdivision maps, must reference Chapter 10.24, and the applicant must make a good faith effort to coordinate cropping, harvesting, pesticide use and farming hours with the neighboring operator.

Sources & Official References

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