Texas Statewide Rule

Texas Agricultural Land Zoning Limits Statewide

Few RestrictionsApplies statewide across Texas (2026)

Key Facts

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

Last verified: September 5, 2026Source: Texas Statutes

Summary

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.

Sec. 251.0055. LIMITATIONS ON CITY GOVERNMENTAL REQUIREMENTS APPLICABLE WITHIN CORPORATE BOUNDARIES. (a) A city may not impose a governmental requirement that applies to agricultural operations located in the corporate boundaries of the city unless: (1) there is clear and convincing evidence that the purposes of the requirement cannot be addressed through less restrictive means and that the requirement is necessary to protect persons who reside in the immediate vicinity or persons on public property in the immediate vicinity of the agricultural operation from the imminent danger of:

Source: Texas StatutesView official code

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 251.0055, added by HB 1750 (2023), bars cities from imposing requirements that prohibit generally accepted agricultural practices unless clear and convincing evidence shows an imminent health or safety danger. Land qualified under Tax Code 23.51 for agricultural appraisal receives additional protections. HB 347 (2019) ended unilateral annexation statewide, requiring landowner consent or an 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 statewide. Most annexations now require landowner consent or a majority vote of residents 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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