Florida Statewide Rule

Florida Limits Local Zoning of Bona Fide Agricultural Land

Few RestrictionsApplies statewide across Florida (2026)

Key Facts

Zoning: FS 163.3162 bars counties from zoning that limits bona fide farms
Agricultural: Land must be classified agricultural under FS 193.461
Protections: FS 823.14 reinforces protection against local restrictions
Health & Safety: Public health and safety regulation remains permitted
Agricultural: Specific crop or livestock bans by counties are preempted

Last verified: September 5, 2026Source: Florida Senate

Summary

Florida Statutes 823.14 and 163.3162 restrict local governments from adopting zoning rules that inhibit established farms on agriculturally classified land, preserving agricultural uses against incompatible local regulation.

(3) DUPLICATION OF REGULATION.-Except as otherwise provided in this section and s. 487.051(2), and notwithstanding any other law, including any provision of chapter 125 or this chapter: (a) A governmental entity may not exercise any of its powers to adopt or enforce any ordinance, resolution, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation, including, but not limited to, the collection, storage, processing, and distribution of a farm product, on land classified as agricultural land pursuant to s. 193.461, if such activity is regulated through implemented best management practices, interim measures, or regulations adopted as rules under chapter 120 by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or a water management district as part of a statewide or regional program; or if such activity is expressly regulated by the United States Department of Agriculture, the United States Army Corps of Engineers, or the United States Environmental Protection Agency.

Source: Florida SenateView official code

Full Breakdown

Section 163.3162, the Agricultural Lands and Practices Act, bars counties from exercising any authority to adopt zoning ordinances or regulations that prohibit or otherwise limit a bona fide farm operation on land classified as agricultural under Section 193.461. Section 823.14 reinforces this by limiting nuisance liability and ordinance reach against established farms. Counties retain authority to address public health and safety concerns and may regulate non-agricultural activities, but they cannot dictate accepted agricultural practices, prohibit specific crops or livestock, or impose setbacks designed to displace farms. Municipalities are likewise limited where land qualifies as bona fide agricultural.

Violations & Penalties

County zoning rules conflicting with FS 163.3162 or FS 823.14 are void as applied to bona fide farms; affected farmers may seek declaratory and injunctive relief.

Frequently Asked Questions

Can a Florida county zone out cattle, hogs, or chickens?

No. FS 163.3162 prevents counties from zoning ordinances that prohibit or limit bona fide farm operations on agriculturally classified land.

What land qualifies for these protections?

Land classified as agricultural under FS 193.461, often called Greenbelt classification, qualifies for Right to Farm and zoning protections.

Can counties still regulate farm safety?

Yes. Counties may address legitimate public health and safety concerns but cannot displace generally accepted agricultural practices or uses.

Sources

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