Fort Bend County, TX Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing statute
- Tex. Agric. Code 251.004
- Protection triggers after
- One year of operation
- Plaintiff's burden
- Clear and convincing evidence
- Loser pays
- Attorney's fees and costs
- Applies to
- Unincorporated Fort Bend County
Summary
Texas Agriculture Code Section 251.004 shields farms and ranches in unincorporated Fort Bend County from nuisance suits once they have operated lawfully and substantially unchanged for at least one year. Anyone suing after that must prove every element by clear and convincing evidence.
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
Under the Texas Right to Farm Act, no nuisance action or action to restrain an agricultural operation may be brought against a farm, ranch, dairy, feedlot, or aquaculture operation that has lawfully run and stayed substantially unchanged for one year or more before suit. A plaintiff who sues anyway must prove every element by clear and convincing evidence, and if they lose or violate the statute they owe the operator attorney's fees, court costs, travel, and other damages. The protection covers unincorporated Fort Bend County, though it does not block the state or a political subdivision from enforcing state law.
Violations & Fines
A neighbor who sues a protected agricultural operation anyway is liable to the operator for all defense costs, attorney's fees, court costs, travel, related incidental expenses, and any other damages the trier of fact awards under Section 251.004(b).
Frequently Asked Questions
Does the Right to Farm Act apply in unincorporated Fort Bend County?
When does a farm gain this protection?
Can I still sue a farm that breaks the law?
Sources & Official References
Other rules in Fort Bend County
Texas rules heatmap·Compare Fort Bend County to another location·View the Texas right to farm overview
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