Texas Agriculture Code Chapter 251, the Right to Farm Act, protects established agricultural operations from nuisance suits when neighbors arrive after farming began. Harris County operations qualify under state law; the county does not layer additional protection on top.
Texas Agriculture Code Chapter 251 bars nuisance lawsuits against agricultural operations that have been in operation for one year or more, provided they have not substantially changed practices. Protected activity includes crop production, livestock, dairy, poultry, equine, beekeeping, and routine farm noise, dust, odor, and chemical application. The 2023 amendments via HB 1750 strengthened protections by requiring plaintiffs to live within one half mile of the operation and capping damages. Harris County retains scattered agricultural and ranching operations in unincorporated northern, eastern, and southwestern pockets, and those qualifying operations receive the state shield. Harris County has not adopted a separate county right-to-farm ordinance. Disputes route through Harris County district courts.
A nuisance suit against a covered Harris County farm can be dismissed under Chapter 251. The 2023 amendments allow recovery of attorney fees by the prevailing farm and cap punitive damages, deterring frivolous suits over routine agricultural activity.
See how Baytown's farm nuisance protection rules stack up against other locations.
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