Agricultural Permit Exemption Determinations
The 2011 Legislature gave the Florida Department of Agriculture and Consumer Services (FDACS) the authority, under certain conditions, to make determinations as to the application of the agricultural exemption from permitting contained in s. 373.406(2), F.S. The authorizing language is in s. 373.407, F.S., and provides that, in the event of a dispute as to the applicability of the exemption, the landowner or the water management district may request FDACS to make a binding determination. In order for FDACS to carry out such a request, the following conditions must exist:
a. The activities in question must be on lands classified as agricultural by the county property appraiser pursuant to s. 193.461, F.S., at the time the activities are or were conducted.
b. The activities in question must not previously have been authorized by an environmental resource permit or a management and storage of surface water permit issued pursuant to Part IV, Chapter 373, F.S., or by a dredge and fill permit issued pursuant to Chapter 403, F.S.
c. There must be a dispute between the landowner and the water management district as to the applicability of the exemption.
If these conditions are met, FDACS will conduct a review, including a site visit, to evaluate whether the activities in question meet the three statutory criteria contained in s. 373.406(2), F.S. FDACS binding determinations are conducted through the Office of Agricultural Water Policy (OAWP). The OAWP is in the process of adopting a rule that lays out the determination process, required information/documentation, and statutory exemption criteria.
IMPORTANT NOTE REGARDING IMPACTS TO WETLANDS:
An FDACS binding determination as to whether agricultural impacts to water resources are exempt from state environmental resource permitting does not negate federal restrictions with regard to wetlands conversion. In fact, you could be exempt from permitting under state law and still lose eligibility for funding under some federal programs, unless the Natural Resources Conservation Service (NRCS) has authorized the conversion. The following document provides more information on federal wetlands conservation requirements: NRCS Fact Sheet (50 KB PDF)
To maintain or restore your eligibility for federal funds, contact your NRCS agent to discuss any anticipated or existing wetlands impacts on your property.
These documents detail permit exemption requests and determinations.
- Anderson (175 KB PDF)
- Camayen Cattle (237 KB PDF)
- CFT Nursery (4.7 MB PDF)
- Checkpoint Farms (187 KB PDF)
- Colvin (199 KB PDF)
- Consolidated-Tomoka Land Company (6.2 MB PDF)
- Deseret Ranch (3.1 MB PDF)
- Heritage 40 (4.1 MB PDF)
- Marion Acres (5.9 MB PDF)
- McClary (217 KB PDF)
- Molica (217 KB PDF)
- Overstreet (3.14 MB PDF)
- RMD Properties (4.1 MB PDF)
- Roberson (169 KB PDF)
- St. Johns Improvement District (285 KB PDF)
* For more information on Agricultural Permit Exemption Determinations,
call Bill Bartnick at (850) 617-1705 or