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New Braunfels, TX Right to Farm: Agricultural Zoning Protection (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Yes. Section 144-5.9 permits farms and ranches in both residential and commercial zoning districts as a matter of right, without requiring a special use permit or rezoning, as long as fertilizer storage and soil amendment activity on the property is not obnoxious.
Do I need a permit to build a barn for my farm equipment?
The land use itself does not require a special use permit. Section 144-4.2's citywide land use matrix marks barns and farm equipment storage related to agricultural uses as a permitted use in every zoning district, though the structure still needs a standard building permit.
What can get an agricultural use in trouble under this rule?
Storing obnoxious fertilizer on the premises or conducting obnoxious soil or fertilizer renovation is the one condition Section 144-5.9 attaches to the farming and ranching permission, and a violation is enforced as a zoning offense with fines running up to $2,000 per day it continues.
Does New Braunfels have a right-to-farm law protecting existing farms from nuisance complaints?
The code does not include a separate right-to-farm nuisance shield; instead, Section 144-5.9 protects agricultural use directly by classifying farms and ranches as a permitted use in residential and commercial districts, so a new neighbor cannot force a farm's rezoning or removal through the zoning process.

Sources & Official References

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