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 HB 347 (2019) repealed unilateral annexation in many areas, requiring landowner consent or election before bringing rural ag land into city limits and zoning jurisdiction.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.
Midland, TX
Midland prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed ...
Midland, TX
Midland regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new cons...
Midland, TX
Midland regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Midland, TX
Midland requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Midland, TX
Midland requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Midland, TX
Midland restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisanc...
See how Midland's agricultural zoning protection rules stack up against other locations.
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