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Winter Haven, 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
AG, Agriculture
Governing section
§ 21-34(b), (e)(1)
Density cap
0.20 dwelling units/gross acre
Minimum lot area
217,500 sq ft (~5 acres)
Roadside stand
Permitted for excess farm produce
Max fine
$500.00/day (§ 1-13)

Summary

Winter Haven's AG, Agriculture zoning district exists to protect agricultural activity and the state agricultural tax exemption on land at the City's perimeter. Sec. 21-34(b) caps density at 0.20 dwelling units per gross acre, and Sec. 21-34(e)(1) lets farmers sell excess produce on-site from a roadside stand.

(b)The purpose of the AG, Agriculture zoning category is to provide for agricultural activities within the City; and to provide for the continuation of agricultural tax exempt status established by Florida Statutes, on property that is at the perimeter of the City, is used for agriculture activities, and does not have any established urban land uses. In general, a wide range of agricultural pursuits and single family detached dwelling units at a maximum density of 0.20 dwelling units per gross acre are permitted. ... (1)Excess produce and other products that are agricultural in nature and harvested from orchards, vineyards, nurseries, ornamental horticultural areas, groves, noncommercial greenhouses, as well as excess produce harvested from any commercial farm, may be sold on the premises to the general public by the means of a roadside stand or similar structure. Setbacks from rights-of-way and property lines shall be those required for an accessory structure.

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 108).

Full Breakdown

Winter Haven does not have a stand-alone right-to-farm ordinance, but its Unified Land Development Code carves out the AG, Agriculture zoning district specifically to shield working farmland from residential pressure as the City grows. Sec. 21-34(b) states the district's purpose is to provide for agricultural activities within the City and for the continuation of agricultural tax exempt status established by Florida Statutes, on property at the City's perimeter that is used for agriculture and carries no established urban land uses. 20 dwelling units per gross acre, far below every other residential district, and the minimum lot size in Table 21-34 is 217,500 square feet, roughly five acres, with a 250-foot minimum width and 400-foot minimum depth.

Permitted agricultural uses under Sec. 21-34(c)(1) include producing or harvesting crops, raising livestock or fish, dairying, forestry, fisheries and game propagation, though intense agricultural activities such as feed lots and egg production are not allowed within the City limits unless they predate annexation. Sec. 21-34(e)(1) protects the ability to sell farm output directly to the public: excess produce from orchards, vineyards, nurseries, groves, greenhouses or any commercial farm may be sold on-site from a roadside stand, held to the same setback as any other accessory structure.

Building setbacks in the AG district run 40 feet front, 30 feet side, 30 feet street side and 50 feet rear, with a 40-foot highwater-mark setback on lake-adjacent parcels.

Violations & Fines

No AG-district-specific fine is stated. Sec. 1-13's general penalty governs: any Code violation without its own penalty carries a fine of up to $500.00, with each day of continued violation treated as a separate offense, enforced through the City's standard code enforcement complaint and citation process.

Frequently Asked Questions

Does Winter Haven have a right-to-farm ordinance?
Not a stand-alone one. Its Unified Land Development Code instead establishes the AG, Agriculture zoning district under Sec. 21-34, which exists specifically to preserve agricultural activity and the state agricultural tax exemption on perimeter land, functioning as the City's practical protection for working farms.
Can a Winter Haven farmer sell produce from a roadside stand?
Yes. Sec. 21-34(e)(1) lets a farmer sell excess produce from orchards, vineyards, nurseries, groves, greenhouses or any commercial farm to the public from a roadside stand or similar structure, provided it meets the same setback from rights-of-way and property lines as any other accessory structure.
How much land does AG zoning require in Winter Haven?
Table 21-34 sets a minimum lot area of 217,500 square feet, about five acres, with a 250-foot minimum lot width and 400-foot minimum depth. Residential density is capped at 0.20 dwelling units per gross acre, far below every other Winter Haven zoning district.
Are feed lots or egg production allowed in Winter Haven's AG district?
Generally no. Sec. 21-34(c)(1) states that intense agricultural activities such as feed lots and egg production are not allowed within the City limits, unless the use already existed on the land before it was annexed into Winter Haven.

Sources & Official References

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