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Flagler County, FL Right to Farm: Agricultural Zoning Protection (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Litter exemption
Farms/timberland per Fla. Stat. § 823.14
Zoning district
AC Agriculture, LDC § 3.03.02
District purpose
Protect ag/forestry land from incompatible uses
AC minimum lot
5 acres
Scope
Unincorporated county only, not Palm Coast

Summary

Unincorporated Flagler County exempts farms and timberland from its litter ordinance under the Florida Right to Farm Act, and zones an AC Agriculture district specifically to protect agricultural and forestry land from encroaching incompatible uses. Neither protection reaches Palm Coast or the county's other incorporated cities, which set their own codes.

These county ordinances apply to unincorporated areas of Flagler County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(1)Farms and timberland as provided for by the Florida Right to Farm Act, Section 823.14, Florida Statutes. ... A.Purpose and intent. The purpose and intent of the ... AC—Agriculture district is to preserve valuable agricultural/forestry land for those uses, and to protect land best suited for agricultural/forestry uses from the encroachment of incompatible land uses.

Full Breakdown

14, Florida Statutes, from the article's litter-control requirements under Section 27-31(1), meaning the county's own enforcement of its solid-waste and litter rules yields to the state Right to Farm Act's protection of bona fide agricultural operations. A, is to preserve valuable agricultural and forestry land for those uses, and to protect land best suited for agricultural and forestry uses from the encroachment of incompatible land uses. 2, backed by a five-acre minimum lot size and a 100-foot structure setback for any barn, coop or pen.

Together, the litter-ordinance exemption and the AC district's protective purpose clause are the county's two concrete mechanisms for shielding agricultural operations from nuisance-style enforcement and incompatible development, short of adopting a freestanding countywide right-to-farm ordinance. Both provisions apply only to unincorporated Flagler County land; Palm Coast, which holds the large majority of the county's population, administers its own Unified Land Development Code and does not fall under either the Chapter 27 exemption or the AC district.

Violations & Fines

The Chapter 27 farm exemption is not itself a penalty provision; violating the underlying litter article outside that exemption carries a fine of up to five hundred dollars per day and up to sixty days in the county jail under Section 27-32. Violating the AC district's zoning standards is enforced separately under LDC section 1.10.00, through the code enforcement board or the courts.

Frequently Asked Questions

Does Flagler County have a right-to-farm ordinance?
It has no freestanding countywide right-to-farm ordinance, but it builds the state Right to Farm Act into its own code twice: Section 27-31(1) exempts farms and timberland from the county's litter ordinance, and the AC Agriculture zoning district at LDC section 3.03.02.A exists specifically to protect farmland from incompatible development.
What is exempt from the county's litter rules?
Section 27-31(1) exempts farms and timberland as provided for by the Florida Right to Farm Act, Section 823.14, Florida Statutes, from Chapter 27's litter-control requirements, alongside county dump sites, licensed salvage yards and controlled construction-site litter.
Does the AC Agriculture district cover my Palm Coast property?
No. The AC district and its protective purpose clause apply only to unincorporated Flagler County. Palm Coast administers its own Unified Land Development Code and is not subject to the county's agricultural zoning or litter-exemption provisions.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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