New Braunfels, TX Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Farms/ranches
- permitted in residential and commercial districts
- Special use permit or rezoning
- not required
- Only condition
- no obnoxious fertilizer storage/renovation
- Barns/farm equipment storage
- permitted in every zoning district
- Governing section
- City Code § 144-5.9
- Zoning fine
- up to $2,000/day (§ 1-8)
Summary
New Braunfels treats farming as a by-right use almost everywhere in the city, not just in agricultural zones. Section 144-5.9 permits farms and ranches in both residential and commercial zoning districts outright, with only one substantive condition: no obnoxious fertilizer storage or obnoxious soil or fertilizer renovation on the premises.
Sec. 144-5.9. - Agricultural uses. Farms and ranches are permitted in residential and commercial districts provided that no obnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizer renovation is conducted thereon.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
9, titled 'Agricultural uses,' is a single short rule with an outsized effect on where farming and ranching can happen in the city: farms and ranches are permitted in residential and commercial districts provided that no obnoxious fertilizer is stored upon the premises and no obnoxious soil or fertilizer renovation is conducted thereon. Because the rule places farms and ranches in residential and commercial districts as a permitted use rather than requiring a special use permit or rezoning, a landowner does not need board of adjustment or planning commission approval to keep livestock or grow crops on residentially or commercially zoned land within city limits, so long as fertilizer storage and soil amendment work on the property stay within what the code treats as non-obnoxious.
2 use table, residential and commercial alike, meaning a barn or equipment storage building tied to an agricultural operation does not trigger the special use permit process that many other accessory structures require. Because the ordinance does not define 'obnoxious,' enforcement of that limiting clause falls to the planning director's interpretive authority under the chapter's general provisions, and any dispute over whether a particular fertilizer storage practice crosses that line can be appealed to the zoning board of adjustment.
Violations & Fines
Operating a farm or storing fertilizer in a way the planning director finds obnoxious under Section 144-5.9 is enforced as a zoning violation under Section 1-8, carrying a fine of up to $2,000 for each day the condition continues, since zoning offenses fall under the code's higher penalty tier rather than the standard $500 cap for other Code violations.
Frequently Asked Questions
Can I keep farm animals or grow crops on residentially zoned land in New Braunfels?
Do I need a permit to build a barn for my farm equipment?
What can get an agricultural use in trouble under this rule?
Does New Braunfels have a right-to-farm law protecting existing farms from nuisance complaints?
Sources & Official References
Other rules in New Braunfels
Texas rules heatmap·Compare New Braunfels to another location·View the Texas right to farm overview
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