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.
Odessa, TX
Construction noise in Odessa is regulated under the general noise ordinance. Construction activities in or near residential areas are expected to occur durin...
Odessa, TX
Odessa addresses excessive barking dogs under its animal control and nuisance ordinances. Dogs that bark persistently and disturb neighbors may result in cit...
Odessa, TX
Odessa's noise ordinance (Code of Ordinances Art. 8-2) prohibits any unreasonably loud or disturbing noise that materially distresses a person of ordinary se...
Odessa, TX
Odessa requires that driveways meet city standards for width, materials, and construction. All vehicles must be parked on improved surfaces—parking on grass ...
Odessa, TX
Odessa regulates the parking and storage of recreational vehicles and boats on residential properties. RVs and boats must be stored on improved surfaces and ...
Odessa, TX
Odessa regulates street parking through its traffic and parking ordinances. Vehicles must not block traffic, driveways, or fire hydrants. Some areas have tim...
See how Odessa's farm nuisance protection rules stack up against other locations.
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