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.
Lubbock, TX
The City of Lubbock does not regulate yard ornaments on private property. Statuary, religious displays, and decorative landscape elements are generally allow...
Lubbock, TX
Lubbock has no city ordinance setting size, height, or hours limits for inflatable holiday displays on private residential property. Wind is the primary prac...
Lubbock, TX
The City of Lubbock does not impose specific install-by or take-down-by dates for residential holiday lights. The general nuisance and right-of-way provision...
Lubbock, TX
Built-in outdoor kitchens in Lubbock require permits from the City of Lubbock Building Inspection Department for gas line installation, electrical work, plum...
Lubbock, TX
Lubbock does not have a smoker-specific ordinance for single-family residential use, but backyard smokers fall under the general nuisance provisions of the C...
Lubbock, TX
Lubbock adopts the International Fire Code through the City of Lubbock Code of Ordinances, with Lubbock Fire Rescue as enforcement authority. IFC Section 308...
See how Lubbock's farm nuisance protection rules stack up against other locations.
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