Nassau County, FL Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Zoning trigger
- Open rural tax classification = OR zoning
- Livestock setback
- Farm animal structures 100 ft from property line
- Goats/sheep/swine setback
- 200 ft from any other residence
- Minimum OR lot
- 1 acre single-family, 2 acres other uses
- Building height
- No limit for ag structures, 45 ft otherwise
- First violation fine
- Up to $1,000/day (§ 1-61)
Summary
In unincorporated Nassau County, land taxed as open rural by the county property appraiser automatically sits in the Open Rural (OR) zoning district no matter what the county's Zoning Atlas shows, so agricultural, horticultural and forestry uses stay legal even where the map lags behind. Land Development Code § 28.12 locks that protection to the property's ad valorem classification, not to a rezoning application.
All lands which become classified as open rural for ad valorem tax purposes by the county tax assessor, shall be considered to be in the Open Rural (OR) District during the time such classification is maintained regardless of the zoning district shown on the Zoning Atlas for such lands. All uses, restrictions and regulations provided in the OR District shall apply to such lands during the time such classification is maintained.
Full Breakdown
12 of the Land Development Code ties the county's Open Rural (OR) zoning protections to the property appraiser's ad valorem classification: once land is classified open rural for tax purposes it is treated as OR-zoned for every use, restriction and regulation in the code, whatever the Zoning Atlas actually shows, and that protection lasts as long as the tax classification holds. Article 22 spells out what that buys a farm operator. The OR district's stated intent keeps substantial residential, commercial or industrial development out of areas where agricultural uses, accessory uses and activities that support them are encouraged.
01 permits agricultural, horticultural and forestry uses and the keeping of farm animals and poultry outright, so long as animal structures sit at least 100 feet from any property line; goats, sheep and swine must additionally stay 200 feet from any residence under different ownership. Noncommercial horses and ponies are capped at one animal six months or older per half-acre. Roadside stands, U-pick farms, Christmas tree farms, plant nurseries and solar farms are also permitted uses. 05 requires a 35-foot front, 15-foot side and 25-foot rear yard.
06 caps building height at 45 feet for non-agricultural structures but places no height limit on agricultural buildings, and limits overall lot coverage to 20 percent. Uses that exceed a granted conditional use or ignore these standards become zoning violations that Planning and Economic Opportunity Department staff can refer for code enforcement.
Violations & Fines
Nassau County enforces zoning and Land Development Code violations, including agricultural uses that exceed OR district standards, through the special magistrate created under Code § 1-54 after the county dissolved its old code enforcement board on April 1, 2024 (§ 1-53). Under § 1-61, a first violation can draw a fine up to $1,000 per day, a repeat violation up to $5,000 per day, and an irreparable violation up to $15,000; a recorded lien can reach 35 percent of the assessed value, and orders are appealable to circuit court within 30 days under § 1-65.
Frequently Asked Questions
Does Nassau County's zoning map control whether my land counts as agricultural?
How close to my property line can I keep farm animals in unincorporated Nassau County?
What is the minimum lot size for a farm home in the Open Rural district?
Sources & Official References
Other rules in Nassau County
Florida rules heatmap·Compare Nassau County to another location·View the Florida right to farm overview
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