Fort Worth, TX Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Texas statute
- Agriculture Code Ch. 251
- Protection threshold
- One year consistent operation
- 2023 amendment
- HB 1750 strengthened shield
- Loser pays attorney fees
- Yes under Sec. 251.004
- Fort Worth local rule
- None; state statute controls
Summary
Texas Agriculture Code Chapter 251 protects farms operating one year or longer from nuisance suits based on changed surrounding conditions. The state shield applies in Fort Worth but mostly affects edge-of-city and Tarrant County agricultural parcels facing residential encroachment.
Sec. 251.004. NUISANCE OR OTHER ACTIONS. (a) No nuisance action or other action to restrain an agricultural operation may be brought against an agricultural operation that has lawfully been in operation and substantially unchanged for one year or more prior to the date on which the action is brought. A person who brings a nuisance action or other action to restrain an agricultural operation that is not prohibited by this section must establish each element of the action by clear and convincing evidence.
Full Breakdown
Texas Agriculture Code Chapter 251, the Right to Farm Act, shields agricultural operations that have run substantially the same way for at least one year from nuisance lawsuits arising from changed conditions in the area. The protection covers commercial farms, ranches, dairies, feedlots, orchards, and confined-animal facilities. A farm that was lawful when established cannot become a nuisance because new homes or businesses moved nearby. The 2023 amendments under HB 1750 strengthened the shield by requiring losing plaintiffs to pay defendant attorney fees and capping damages. The Act applies citywide in Fort Worth but rarely matters in the urban core; it is most relevant near Tarrant County's western and northern edges where ranches abut new subdivisions.
Violations & Fines
Plaintiffs who lose nuisance suits against protected farms must pay defendant attorney fees and litigation costs under Texas Agriculture Code Section 251.004(d). Farms forfeit the shield if they violate environmental laws, run negligently, or substantially change operations.
Frequently Asked Questions
Does Fort Worth have its own right-to-farm rule?
Can a neighbor sue an established Tarrant County-area farm?
Sources & Official References
Other rules in Fort Worth
Texas rules heatmap·Compare Fort Worth to another location·View the Texas right to farm overview
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