Texas Right to Farm law protects agricultural operations near new neighbors

Atascosa County is heavily agricultural. Cattle, peanuts, corn, and other crops are raised on land that has been farmed for generations. As rural areas grow, farms and ranches sometimes get nuisance complaints from new neighbors who object to dust, odors, noise, or flies. Texas Agriculture Code Chapter 251 — the Right to Farm law — gives qualifying operations a legal defense against those complaints.

To use the defense, the operation must count as an 'agricultural operation' under state law. It must also have been substantially unchanged for at least one year before the lawsuit was filed. Starting September 1, 2023, the law expanded. It now covers not just nuisance suits but any legal action trying to stop an agricultural operation. Plaintiffs must meet a higher standard of proof. An established operation may also recover attorney fees if it wins.

This law matters in two ways. Farmers get protection from complaints. But buyers of rural land near working farms may have limited options if they later dislike the dust or smell. Review the statute at Texas Legislature Online and talk to a Texas agriculture attorney for your specific situation.