California Right to Farm Act Nuisance Protection

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.