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 HB 347 (2019) repealed unilateral annexation in many areas, requiring landowner consent or election before bringing rural ag land into city limits and zoning jurisdiction.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.
The Woodlands, TX
Construction hour restrictions in The Woodlands fall under Montgomery County jurisdiction, not Township covenants. No specific construction hours are mandate...
The Woodlands, TX
Amplified music in The Woodlands is governed by Texas state disorderly conduct law, not Township covenants. Noise that disturbs the community may be reported...
The Woodlands, TX
The Woodlands Township cannot enact noise ordinances — noise complaints are handled under Montgomery County jurisdiction (TX Penal Code §42.01) and by county...
The Woodlands, TX
The Woodlands Township acknowledges barking dogs cannot be regulated through its Restrictive Covenants. Animal control and noise enforcement fall under Montg...
The Woodlands, TX
Parking on lawns, ditches, open space areas, or unpaved surfaces is expressly prohibited by The Woodlands Restrictive Covenants. Vehicles must be parked on a...
The Woodlands, TX
The Woodlands Restrictive Covenants prohibit storage of semi-trucks, farm tractors, and similar commercial vehicles on lots or streets where visible. No time...
See how The Woodlands's agricultural zoning protection rules stack up against other locations.
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