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

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

Key Facts

District
AU Agricultural District (§ 12.05.200)
Minimum lot size
5 acres, 100 ft width
Hog/sheep/goat cap
9 collectively, max 3 hogs
Livestock structure setback
500 ft from dwellings
Right to Farm reference
F.S. § 823.14, cluster/TDR parcels

Summary

The AU Agricultural District under Sec. 12.05.200 is reserved for land presently and primarily used for agriculture, permitting groves, dairy farms, cattle grazing and up to nine hogs, sheep and goats collectively. Owners who cluster development or transfer density in the AU district must record an instrument acknowledging Florida's Right to Farm Act, F.S. § 823.14.

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

A.Intent. The AU agricultural district is intended to apply to those areas presently and primarily agricultural. ... 6.Cattle or stock raising and grazing, dairy farm, but not including commercial goat, sheep or hog raising;7.Raising or keeping a maximum, collectively, of nine hogs, sheep, and goats, of which not more than three may be hogs; ... 8.The owners of the parcel must record a legal instrument that acknowledges the receipt and understanding of the provisions of F.S. § 823.14, the Florida Right to Farm Act; and

Full Breakdown

200 establishes the AU Agricultural District as intended for areas presently and primarily agricultural, permitting groves, produce farms, truck gardens, horticultural farms, nurseries, sod farms, hydroponic gardens, greenhouses, forestry and beekeeping as principal uses, along with cattle or dairy farming, though not commercial goat, sheep or hog raising as a principal use. A landowner may keep up to nine hogs, sheep and goats collectively, of which no more than three may be hogs, without triggering the special-exception process; raising more than that, or 100 or more poultry, requires a special exception from the Board of Adjustment after a public hearing.

Commercial livestock structures must sit at least 500 feet from a dwelling under separate ownership or residentially zoned land and 100 feet from any lot line (200 feet for poultry or hog structures), though the section shields an existing, conforming agricultural structure from being forced into violation solely because nearby land is later rezoned residential or a new dwelling is built close by. The district's minimum lot size is five acres with 100 feet of width, though smaller parcels can qualify under the family homestead provision or a transfer-of-development-rights/clustering arrangement.

Where a landowner uses that transfer-of-development-rights or clustering option, Sec. 14, Florida's Right to Farm Act, tying the county's own zoning approval process directly to the state law that shields bona fide farm operations from many nuisance claims once they have operated for more than a year.

Violations & Fines

Placing a commercial livestock structure, or raising more hogs, sheep, goats or poultry than the AU district's numeric limits allow, without first obtaining a special exception from the Board of Adjustment is a violation of Sec. 12.05.200, enforceable as a misdemeanor under Sec. 12.03.109 with each day of continued noncompliance a separate offense; a landowner using the transfer-of-development-rights or clustering option who fails to record the required Right to Farm Act acknowledgment cannot receive final approval of that density transfer.

Frequently Asked Questions

What does Highlands County's AU Agricultural District allow?
Sec. 12.05.200 permits groves, produce farms, nurseries, hydroponic gardens, greenhouses, forestry, beekeeping, cattle and dairy farming, and up to nine hogs, sheep and goats collectively (no more than three hogs) as of-right uses on a minimum five-acre, 100-foot-wide lot.
How far must a livestock building be from a neighbor's house in the AU district?
Structures for commercial cattle, horse, sheep or goat raising must sit at least 500 feet from a dwelling under separate ownership or residentially zoned property and 100 feet from any lot line; poultry and hog structures need 200 feet from the lot line instead of 100.
Does Highlands County's zoning code mention Florida's Right to Farm Act?
Yes. Sec. 12.05.200.O.8 requires a landowner using the transfer-of-development-rights or clustering option in the AU district to record a legal instrument acknowledging receipt and understanding of F.S. § 823.14, Florida's Right to Farm Act, before that density transfer can be approved.

Sources & Official References

Other rules in Highlands County

All Highlands County rules

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