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
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See how Cape Coral's agricultural zoning protection rules stack up against other locations.
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