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.
Wichita Falls, TX
Wichita Falls treats persistent barking dogs as a noise nuisance. Dog owners are responsible for preventing excessive barking that disturbs neighbors. Wichit...
Wichita Falls, TX
Wichita Falls prohibits unreasonably loud, disturbing, and unnecessary noise that is offensive to ordinary sensibilities. Noise of such character, intensity,...
Wichita Falls, TX
Wichita Falls permits construction noise between 7 AM and 9 PM. Construction, excavation, demolition, alteration, or repair work outside these hours is prohi...
Wichita Falls, TX
Wichita Falls regulates street parking through posted signs and general traffic ordinances. Vehicles may not be parked on streets for extended periods, and f...
Wichita Falls, TX
Wichita Falls restricts parking of large commercial vehicles in residential zones. Vehicles exceeding weight or size limits for residential areas must be sto...
Wichita Falls, TX
Wichita Falls requires vehicles to be parked on approved paved surfaces. Driveway construction and modifications require permits. Front yard parking is only ...
See how Wichita Falls's farm nuisance protection rules stack up against other locations.
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