In the event of a dispute as to the applicability of an agricultural exemption from permitting under Section 373.406(2), Florida Statutes (F.S.), a water management district or landowner may request that the Florida Department of Agriculture and Consumer Services (FDACS) make a binding determination as to whether an existing or proposed agricultural activity qualifies for the exemption.
To determine if your request meets the requirements for binding determination consideration, select a heading to read more.
Establishing That a Dispute Exists
To establish that a dispute exists as to the applicability of Section 373.406(2), F.S:
- A water management district making a request for a binding determination from FDACS must provide a copy of written correspondence informing the landowner that the activity requires or may require a permit, and a copy of written correspondence or other documentation from the landowner indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.
- A landowner making a request for a binding determination from FDACS must provide a copy of written correspondence from the water management district indicating that the activity requires or may require a permit, and a written statement or other documentation indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.
Establishing Eligibility for Review by FDACS
For FDACS to conduct a binding determination under Section 373.407, F.S., the following conditions must exist:
- The alterations or activities in question must be on lands classified as agricultural by the county property appraiser at the time the activities are or were conducted.
- The alterations or 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.
- There must be a dispute between the landowner and the water management district as to the applicability of the exemption.
The dispute must be documented as provided in Rule 5M-15.004., Florida Administrative Code (F.A.C).
When all of the above conditions are met, FDACS may conduct a review.
Requesting a Review by FDACS
Requests for FDACS review of Water Resource Agricultural Permit Exemptions can be initiated by the water management district or the landowner/agent by submitting a complete exemption review package to AgPermitExemption@FDACS.gov. Such packages must include complete information detailing the landowner, the property, and the activities or alterations in dispute, and the documentation of dispute from the district needed to establish FDACS authority. Incomplete packages will be returned. Additional items needed in support of a request for a binding determination can be found in Rule 5M-15.006., F.A.C.
Determination of Exemption
FDACS will determine alterations or activities to be exempt from permitting under Section 373.406(2), F.S., if the following criteria are met, per Rule 5M-15.005., F.A.C.
- The landowner must be engaged in the occupation of agriculture, silviculture, floriculture or horticulture;
- Alterations to the topography of the land must be for purposes consistent with the normal and customary practice of agriculture, silviculture, floriculture or horticulture in the area; and
- The alteration or activity may not be for the sole or predominant purpose of impeding or diverting the flow of surface waters or adversely impacting wetlands.
For more information on the binding determination process, see Chapter 5M-15, F.A.C. For more information on normal and customary agricultural activities, see Section 403.927(4)(a), F.S., and the FDACS Best Management Practices.
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 and state regulations regarding wetland conversion. Contact your local water management district for more information.
Final Determinations
These documents detail permit exemption requests and determinations.