Martin County, FL Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Exempting section
- Sec. 67.438 (fertilizer article)
- State law referenced
- Fla. Right to Farm Act, F.S. Sec. 823.14
- Also exempted
- Non-Act pastures used for grazing
- Related noise exemption
- Sec. 67.307.F, ag. operations
- Non-exempt farms face
- Fertilizer article's normal rules
Summary
Martin County's fertilizer ordinance, the county's main lawn-and-landscape regulation, does not reach working farms. Sec. 67.438 exempts bona fide farm operations defined under the Florida Right to Farm Act, F.S. Sec. 823.14, from the county's fertilizer timing, content and application-rate rules.
Sec. 67.438. - Agriculture and scientific research. Nothing in this article shall be construed to regulate or limit fertilizing for: A. Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. Sec. 823.14; B. Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; or C. Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 62 | Land Development Regulations: Supplement 62).
Full Breakdown
Article 14 (Fertilizer Use) of Chapter 67 of the Martin County Code of Ordinances regulates when, where and how much nitrogen and phosphorus fertilizer can be applied to turf and landscape plants countywide, including a June 1 to September 30 blackout period and 25-foot no-fertilizer buffers around water bodies under Sec. 434. Sec. 438 carves agriculture out of that scheme, stating that "nothing in this article shall be construed to regulate or limit fertilizing for: A. S. Sec. 14; B. Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; or C.
" This exemption sits alongside the noise article's own agricultural carve-out: Sec. F exempts "noises incidental to the activities of bona fide agricultural operations, excepting broadcast equipment" from the county's general noise prohibitions. S. Sec. 14's definition. B.
Violations & Fines
Because Sec. 67.438 removes qualifying farm operations from the fertilizer article's coverage, there is no fertilizer-rule violation or fine exposure for fertilizer application that falls within the exemption. A farm that does not meet the Right to Farm Act's bona fide farm operation definition remains subject to the article's normal enforcement under Sec. 67.440, which allows prosecution as a misdemeanor under F.S. Sec. 125.69 or civil enforcement under F.S. Chapter 162, plus county actions for damages, injunctive relief, costs and attorney's fees.
Frequently Asked Questions
Does Martin County's fertilizer ordinance apply to working farms?
Are farms exempt from Martin County's noise rules too?
What if my farm does not qualify as a bona fide farm operation under state law?
Sources & Official References
Other rules in Martin County
Florida rules heatmap·Compare Martin County to another location·View the Florida right to farm overview
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