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 251.006 and SB 1421 (2023) restrict cities from enforcing ordinances that effectively prohibit generally accepted agricultural practices on protected farms. Land qualified under Tax Code 23.51 for agricultural appraisal receives additional protections. HB 347 (2019) repealed unilateral annexation in many areas, requiring landowner consent or election before bringing rural ag land into city limits and zoning jurisdiction.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.
See how Fate's agricultural zoning protection rules stack up against other locations.
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