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West Palm Beach, FL Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

Agricultural production, livestock
Prohibited use citywide, § 94-272
Only carve-out
Community garden pilot, table cites 12/31/2013 expiration
Community gardens also ban
Livestock, poultry, fish, bees (§ 94-273(a))
Right to Farm Act use in code
Only a fertilizer-ordinance exemption (§ 34-121)
Zoning violation penalty
Up to $500 fine or imprisonment, § 94-9
Enforcing office
Planning and Zoning Administrator

Summary

West Palm Beach's Permitted Use Table lists "Agricultural production, livestock" as a prohibited use citywide, covering every Standard Industrial Classification major group 0-2 activity. The only carve-out is a limited-duration community garden pilot that the table itself says expired December 31, 2013. Florida's Right to Farm Act appears in city code just once, as a fertilizer-ordinance exemption, not as a zoning right to farm.

b. Establishment of use regulations. Except as otherwise provided in this chapter, regulations governing the use of land and structure are hereby established as shown in the "Permitted Use Table." Uses not expressly permitted are prohibited. ... PROHIBITED USES LISTED AND DEFINED. Agricultural production, livestock, including all uses listed in SIC major group 0-2, with the exception of a limited duration pilot program for community gardens and urban market gardens, set to expire on December 31, 2013, and governed by provisions of this chapter.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 76).

Full Breakdown

West Palm Beach's zoning code flatly bars agricultural production and livestock keeping as a land use. Section 94-272's Permitted Use Table designates "Agricultural production, livestock," covering every Standard Industrial Classification major group 0-2 use, as a prohibited use citywide, carved out only by a community-garden pilot program the table itself says expired December 31, 2013. Sec. " The table then lists agricultural production and livestock among the "PROHIBITED USES LISTED AND DEFINED," alongside mining, logging, and hunting and trapping operations, treating farming as an incompatible urban use rather than a protected one.

Even the narrow community-garden exception is capped hard: Sec. 94-273(a)'s Community Gardens standards, which govern the one permitted form of urban agriculture, separately state that "the raising of poultry or other livestock, fish, and the keeping of bees shall be prohibited," and bar any property owner in a community garden from seeking an agricultural tax exemption. Florida's Right to Farm Act shows up in the city's own code only once, and not as a zoning protection: Sec. 14," from the city's fertilizer-application ordinance, a stormwater rule, not a use right.

Violations of the zoning chapter, including operating a prohibited agricultural or livestock use, are enforced under Sec. 94-9 by the planning and zoning administrator, who investigates written complaints and can pursue court action to enjoin or abate the use in addition to standard code enforcement.

Violations & Fines

Running a farm or keeping livestock without a permitted use is unlawful under Sec. 94-9: conviction carries a fine up to $500.00 or imprisonment, with each continuing day treated as a separate offense. The planning and zoning administrator investigates complaints and the city may seek a court injunction to stop the use, on top of the code enforcement remedies in Chapter 26. Community garden operators who add livestock, poultry, fish, or bees, or who claim an agricultural tax exemption, void that use's Sec. 94-273(a) standards and face the same penalties.

Frequently Asked Questions

Can I legally farm or raise livestock on my West Palm Beach property?
No. Sec. 94-272's Permitted Use Table lists "Agricultural production, livestock," covering SIC major group 0-2, among the city's expressly prohibited uses, and Sec. 94-272(b) states that any use not expressly permitted is prohibited. The only lawful path to growing food is the community garden process under Sec. 94-273(a), which itself bans livestock, poultry, fish, and bees.
Does the Florida Right to Farm Act protect a West Palm Beach farm from being shut down?
Not under the city's own code. Sec. 34-121 cites the Right to Farm Act, F.S. § 823.14, only to exempt bona fide farm operations and grazing pastures from the fertilizer ordinance. Nothing in Chapter 94 treats the Act as overriding Sec. 94-272's prohibition on agricultural production and livestock as a zoning use.
What happens if code enforcement finds an unpermitted agricultural use?
Under Sec. 94-9, conviction brings a fine up to $500.00 or imprisonment, with each day of continued violation counted separately. The city can also sue to enjoin the use and refer the case to Chapter 26 code enforcement for additional penalties.
Can I still grow food in West Palm Beach at all?
Only through a community garden or urban market garden approved under Sec. 94-273(a), which requires level I site plan approval, restricts the use to specific residential and commercial zoning districts, and caps the site at 12,000 square feet, and limits sales of any surplus produce to off-premises transactions since the garden cannot operate as a commercial enterprise.

Sources & Official References

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