Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.
Texas counties generally lack zoning authority outside narrow statutory grants such as floodplain or subdivision regulation under Local Government Code Chapter 232. Municipal zoning under Local Government Code Chapter 211 is limited near agricultural land. Agriculture Code 251.0055, added by HB 1750 (2023), bars cities from imposing requirements that prohibit generally accepted agricultural practices unless clear and convincing evidence shows an imminent health or safety danger. Land qualified under Tax Code 23.51 for agricultural appraisal receives additional protections. HB 347 (2019) ended unilateral annexation statewide, requiring landowner consent or an election before bringing rural ag land into city limits and zoning jurisdiction.
Municipal ordinances violating Chapter 251 protections are subject to declaratory judgment and injunctive relief, with attorney fees awarded to prevailing agricultural operators.
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See how Arlington's agricultural zoning protection rules stack up against other locations.
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