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.
The Woodlands, TX
Construction hour restrictions in The Woodlands fall under Montgomery County jurisdiction, not Township covenants. No specific construction hours are mandate...
The Woodlands, TX
Amplified music in The Woodlands is governed by Texas state disorderly conduct law, not Township covenants. Noise that disturbs the community may be reported...
The Woodlands, TX
The Woodlands Township cannot enact noise ordinances — noise complaints are handled under Montgomery County jurisdiction (TX Penal Code §42.01) and by county...
The Woodlands, TX
The Woodlands Township acknowledges barking dogs cannot be regulated through its Restrictive Covenants. Animal control and noise enforcement fall under Montg...
The Woodlands, TX
Parking on lawns, ditches, open space areas, or unpaved surfaces is expressly prohibited by The Woodlands Restrictive Covenants. Vehicles must be parked on a...
The Woodlands, TX
The Woodlands Restrictive Covenants prohibit storage of semi-trucks, farm tractors, and similar commercial vehicles on lots or streets where visible. No time...
See how The Woodlands's farm nuisance protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.