The Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. SB 1421 (2023) significantly strengthened protections, preempting municipal ordinances that restrict generally accepted agricultural practices.
Agriculture Code Chapter 251 provides that no nuisance action may be brought against an agricultural operation in operation for one year or more if conditions or circumstances complained of did not exist when operations began. SB 1421 (2023) expanded the act to require courts to award costs and attorney fees to prevailing farms and to limit municipal authority to regulate generally accepted agricultural practices. Local Government Code 251.005 limits annexation and zoning of land qualified for agricultural appraisal under Tax Code 23.51. Cities and counties cannot enforce ordinances that prohibit established farm operations from continuing or expanding within reasonable scope.
Plaintiffs in failed nuisance suits must pay farm operator costs and reasonable attorney fees; municipalities enforcing preempted ordinances face injunctive relief.
Little Elm, TX
Little Elm does not establish specific numeric decibel limits in its noise ordinance. Instead, Sec. 70-55 uses a reasonable-person standard, prohibiting nois...
Little Elm, TX
Little Elm regulates amplified music through Sec. 70-55, restricting radios, TVs, musical instruments, loudspeakers, and similar devices in residential areas...
Little Elm, TX
Little Elm regulates industrial and commercial noise through the general noise ordinance in Sec. 70-55. Industrial operations in nonresidential districts mus...
Little Elm, TX
Little Elm specifically prohibits outdoor music in parks, public places, and nonresidential districts without a town-approved special event permit or facilit...
Little Elm, TX
Little Elm restricts construction, maintenance, repair, alteration, and demolition work in residential districts and quiet zones to daytime hours. Under Sec....
Little Elm, TX
Little Elm enforces noise restrictions under Chapter 70, Article III of the Town Code. Sound devices including radios, TVs, and musical instruments are prohi...
See how Little Elm's farm nuisance protection rules stack up against other locations.
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