Flagler County, FL Right to Farm: Farm Nuisance Protection (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.
(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?
Does this exemption protect a farm inside Palm Coast?
What has to be true for a property to qualify for the farm exemption?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida right to farm overview
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