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

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

Key Facts

Governing section
Flagler County Code Sec. 27-31(1)
Exempted from
County's Litter Control article, Ch. 27
State authority referenced
Florida Right to Farm Act, Fla. Stat. § 823.14
Applies to
Farms and timberland, unincorporated county only

Summary

Unincorporated Flagler County exempts farms and timberland from its Litter Control article under Sec. 27-31(1), deferring to the state's Florida Right to Farm Act, Section 823.14, Florida Statutes. Bona fide agricultural and timber operations are not subject to the county's litter nuisance enforcement.

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.

Full Breakdown

Flagler County's Litter Control article, Ch. 27, Art. II, generally makes it a violation to accumulate, store or discard litter, including yard trash, debris and abandoned equipment, on public or private property in the unincorporated county (Sec. 27-29, Sec. 27-30). Sec. 27-31 lists exceptions to that general rule, and the first one, Sec. 14, Florida Statutes' from the article's reach entirely. Rather than writing a separate local right-to-farm ordinance, Flagler County built its deference to the state Right to Farm Act directly into the exemptions of its own nuisance-litter code, so a farm or timber operation in the unincorporated county is not exposed to a litter citation for accumulations of agricultural waste, machinery, feed materials or similar farm debris that would otherwise fall under the article's broad definition of litter in Sec.

27-29(k). This exemption sits alongside the article's other carve-outs, including county-approved dump sites (Sec. 27-31(2)) and screened compost piles (Sec. 27-31(5)). The exemption applies only within the unincorporated county under Sec. 27-28; it has no bearing inside Palm Coast, Flagler Beach, Beverly Beach, Bunnell or Marineland, none of which carry the large agricultural tracts unincorporated Flagler County does. A property owner relying on the exemption must still qualify as a bona fide farm or timberland operation under the state Right to Farm Act itself; the county code does not define those terms independently.

Violations & Fines

The exemption in Sec. 27-31(1) removes qualifying farm and timber operations from Litter Control article enforcement entirely, so no county fine applies to exempted activity. A property that does not qualify as a farm or timberland operation under the state Right to Farm Act falls back under the article's general violation and penalty provisions, Sec. 27-30 and Sec. 27-32(a): up to a $500.00 fine per day, up to 60 days in jail, or code enforcement board action.

Frequently Asked Questions

Does Flagler County have its own right-to-farm ordinance?
Not a standalone one. Sec. 27-31(1) of the county's Litter Control article exempts farms and timberland 'as provided for by the Florida Right to Farm Act, Section 823.14, Florida Statutes,' incorporating the state protection into the county's own nuisance code rather than writing a separate local ordinance.
Does this exemption protect a farm inside Palm Coast?
No. Sec. 27-28 limits the Litter Control article, and its exceptions, to the unincorporated areas of Flagler County. A farm operation inside Palm Coast, Flagler Beach, Beverly Beach, Bunnell or Marineland would need to look to that city's own code, not this county exemption.
What has to be true for a property to qualify for the farm exemption?
Sec. 27-31(1) ties the exemption directly to the Florida Right to Farm Act, Section 823.14, Florida Statutes, so the property must qualify as a bona fide farm or timberland operation under that state law; the county code does not set its own separate definition.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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