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.
Midland, TX
Midland prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and towed ...
Midland, TX
Midland regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new cons...
Midland, TX
Midland regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Midland, TX
Midland requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Midland, TX
Midland requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Midland, TX
Midland restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nuisanc...
See how Midland's farm nuisance protection rules stack up against other locations.
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