Florida Statutes 823.14 and 163.3162 restrict local governments from adopting zoning rules that inhibit established farms on agriculturally classified land, preserving agricultural uses against incompatible local regulation.
Section 163.3162, the Agricultural Lands and Practices Act, bars counties from exercising any authority to adopt zoning ordinances or regulations that prohibit or otherwise limit a bona fide farm operation on land classified as agricultural under Section 193.461. Section 823.14 reinforces this by limiting nuisance liability and ordinance reach against established farms. Counties retain authority to address public health and safety concerns and may regulate non-agricultural activities, but they cannot dictate accepted agricultural practices, prohibit specific crops or livestock, or impose setbacks designed to displace farms. Municipalities are likewise limited where land qualifies as bona fide agricultural.
County zoning rules conflicting with FS 163.3162 or FS 823.14 are void as applied to bona fide farms; affected farmers may seek declaratory and injunctive relief.
Cape Coral, FL
Cape Coral Β§12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
FL Β§316.1945 establishes a 72-hour threshold for abandoned vehicles on public roads. Cape Coral Code Compliance Division handles abandoned vehicle complaints...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral short-term rentals must follow the same parking standards as other dwellings in the Land Development Code Article 6, which requires off-street par...
Cape Coral, FL
Cape Coral short-term rentals must comply with the city's general noise ordinance (Code Sec. 12-22), which limits multi-family residential sound to 55 dBA fr...
See how Cape Coral's agricultural zoning protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.