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.
Plano, TX
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Plano, TX
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Plano, TX
Plano has no citywide ordinance restricting residential holiday lights at single-family homes. Restrictions arise principally from HOA covenants under the Te...
Plano, TX
Outdoor kitchens in Plano require separate trade permits from Building Inspections: building permit for structural elements, mechanical permit for gas lines,...
Plano, TX
Plano has no specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-family balcony ...
Plano, TX
Plano adopts the 2021 International Fire Code through the Plano Code of Ordinances, enforced by Plano Fire-Rescue. IFC §308.1.4 prohibits open-flame cooking ...
See how Plano's farm nuisance protection rules stack up against other locations.
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