Texas Statewide Rule

Texas Agricultural Land Zoning Limits Statewide

Few RestrictionsApplies statewide across Texas (2026)

Texas Local Government Code Chapter 212 and Agriculture Code Chapter 251 limit municipal authority to zone or regulate land qualified for agricultural use appraisal. Counties have no general zoning authority, and cities face restrictions on annexing or imposing land use rules on established farms.

Key Facts

County Zoning: Generally none
Annexation Reform: HB 347 (2019)
Ag Appraisal: Tax Code 23.51
Farm Practices: Protected by Ch. 251

Source: Texas Statutes

Full Breakdown

Texas counties generally lack zoning authority outside narrow statutory grants such as floodplain or subdivision regulation under Local Government Code Chapter 232. Municipal zoning under Local Government Code Chapter 211 is limited near agricultural land. Agriculture Code 251.006 and SB 1421 (2023) restrict cities from enforcing ordinances that effectively prohibit generally accepted agricultural practices on protected farms. Land qualified under Tax Code 23.51 for agricultural appraisal receives additional protections. HB 347 (2019) repealed unilateral annexation in many areas, requiring landowner consent or election before bringing rural ag land into city limits and zoning jurisdiction.

Violations & Penalties

Municipal ordinances violating Chapter 251 protections are subject to declaratory judgment and injunctive relief, with attorney fees awarded to prevailing agricultural operators.

Frequently Asked Questions

Do Texas counties have zoning authority over farms?

Generally no. Counties lack comprehensive zoning power under Texas law, with limited exceptions for subdivisions, floodplains, and specific statutory grants. Most rural land use is governed only by state law.

Can cities annex farmland and impose zoning?

HB 347 (2019) ended unilateral annexation in Tier 2 counties statewide. Most annexations now require landowner consent or majority vote in the area to be annexed.

What is agricultural use appraisal?

Tax Code 23.51 valuation based on agricultural productivity rather than market value. Qualifying land receives lower property taxes and additional protections from incompatible land use rules.

Sources

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