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.
Final determinations are posted below, and the list will be updated periodically.
Final Determinations
- Anderson (175 KB PDF)
This document details permit exemption requests and determinations.
- Camayen Cattle (237 KB PDF)
This document details permit exemption requests and determinations.
- Checkpoint Farms (187 KB PDF)
This document details permit exemption requests and determinations.
- Colvin (199 KB PDF)
This document details permit exemption requests and determinations.
- McClary (217 KB PDF)
This document details permit exemption requests and determinations.
- RMD Properties (4.1 MG PDF)
This document details permit exemption requests and determinations.
- Marion Acres (6.9 MG PDF)
This document details permit exemption requests and determinations.
* For more information on Agricultural Permit Exemption Determinations,
call Bill Bartnick at (850) 617-1705 or
email AgPermitExemption@FreshFromFlorida.com.