Lee County, FL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- Code of Ordinances § 19-152(7)
- Statute referenced
- Florida Right to Farm Act, F.S. § 823.14
- Agricultural land noise cap
- 66 dBA day / 55 dBA night
- Effect of exemption
- Farm noise not a violation
- Definition source
- § 19-149 'agricultural use'
- Enforced by
- Lee County Sheriff's Office
Summary
Lee County's noise ordinance sets a 66 dBA daytime and 55 dBA nighttime limit for agricultural land as a receiving use, the same tier as residential property. But under Sec. 19-152(7), noise from farm operations protected by Florida's Right to Farm Act, F.S. § 823.14, cannot be cited as a violation at all.
Agricultural use means land used primarily for farming, the raising of farm animals, and nurseries...The following will not be considered a violation of this article:...(7)Noises associated with farm operations protected by the Florida Right to Farm Act, F.S. § 823.14.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Lee County's Table 1, in Sec. , dropping to 55 dBA and 60 dBC overnight. That limit protects agricultural land as a receiving use, the same as a house next door. Section 19-149 defines agricultural use as land used primarily for farming, the raising of farm animals, and nurseries. Separately, Sec. 14, are listed among the nine categories the article says will not be considered a violation. In practice, that means equipment noise from a protected farm operation, such as irrigation pumps, tractors, grain dryers or livestock, is not measured against the Table 1 limits or the general noise-disturbance standard in Sec.
19-151(2), so long as the operation qualifies for protection under the state Right to Farm Act. 14, which shields established agricultural operations from nuisance actions and local ordinances that would otherwise treat normal farm activity as a violation.
Violations & Fines
Because Sec. 19-152(7) exempts protected farm operations outright, the Lee County Sheriff's Office cannot enforce a noise-ordinance violation against a qualifying farm's operational noise. Noise from an operation that does not qualify for Right to Farm Act protection, or from a non-farm source on agricultural land, remains subject to Table 1's limits and the Sec. 1-7 general penalty of up to $500.00 and 60 days in jail.
Frequently Asked Questions
Can my farming neighbor's equipment noise be cited under the noise ordinance?
Does agricultural land still get any noise protection from other sources?
What counts as a protected farm operation under this exemption?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida right to farm overview
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