Martin County commissioners have rejected the county’s first application for agricultural enclave certification under a recently passed Florida law, with staff determining that a proposal from Kanner 96th Street did not meet the requirements of Senate Bill 686.
Commissioner Blake Capps and the rest of the board agreed with staff’s assessment.
“It appears to me that staff has enunciated good sound legal basis for a denial of this Agricultural Enclave. I'm satisfied with our analysis. I thought it was very thoughtful and very keen,” he said.
Agricultural enclaves are parcels of undeveloped land that have been used for agricultural purposes and meet specific criteria for development near existing or planned development. Senate Bill 686, which took effect July 1, expands the criteria for qualifying properties and establishes a process for local governments to certify them.
Kim Dinkins, policy director for 1000 Friends of Florida, said the law changes how agricultural land can qualify for the designation, potentially making more properties eligible.
“It basically broadens the definition of what Agricultural Enclaves are. And they were originally intended to allow development to occur if a parcel was essentially surrounded by development on most of its perimeter,” Dinkins said.
Under the new law, qualifying land does not necessarily need to be surrounded entirely by existing development. Certain nearby parcels may qualify based on their development entitlements, a distinction Dinkins said could make the designation more broadly applicable.
“A property can be considered an Agricultural Enclave even if there isn't any development around it. But those surrounding parcels might be entitled for some development,” she said. “It's unclear as to what is meant by entitled for development, so a rural property that allows homes can be used to claim an Agricultural Enclave exists simply because the property next to it allows homes to be on it.”
The law includes several eligibility requirements. Properties must be in an unincorporated area, have been used continuously for bona fide agricultural purposes for at least five years and meet criteria related to surrounding development, public services and county population. The county must have a population of 1.75 million or less.
The law generally limits agricultural enclaves to 1,280 acres. However, qualifying properties surrounded at least 75% by existing or authorized residential development that would reach a density of at least 1,000 residents per square mile at buildout may qualify for up to 4,480 acres, subject to an additional exception tied to a specified water protection plan.
Senate Bill 686 also preserves existing protections for several designated areas, including the Everglades Protection Area, the Wekiva Study Area, areas of critical state concern, properties covered by recorded conservation easements and certain military installations. The Indian River Lagoon is not explicitly named among the areas listed in the law's protections provision, though that does not mean it lacks other legal protections.
Once a property receives agricultural enclave certification, its owner can submit plans for single-family residential development consistent with the uses, density and intensity of adjacent properties or developments.
The law requires such development to be treated as a conforming use despite certain conflicting local comprehensive-plan, future land use or zoning provisions. A separate provision allows certain qualifying enclaves adjacent to an interstate highway to be developed for commercial, industrial or single-family residential purposes.
The law also sets deadlines for local governments reviewing applications. Officials must provide applicants with a written report within 30 days of receiving an application and hold a public hearing within 30 days after providing that report. If a local government fails to approve or deny certification within 90 days of receiving an application, the property must be certified.
Dinkins opposed the legislation during its consideration earlier this year, arguing that it shifts land-use authority away from local governments and limits their ability to make decisions based on community needs.
“We have delegated local governments as being not only able to, but responsible for land use planning within their communities, and this takes away their ability to make those decisions,” she said.
The law also restricts local governments from imposing regulations on agricultural enclaves that are more burdensome than those applied to other applications for comparable uses or densities. Enclaves adjacent to an urban service district must be treated as if they are within that district.
The new provisions are scheduled to expire Jan. 1, 2028, with the relevant statutory language reverting to the version in effect June 30, 2026, subject to an exception for certain other legislative amendments.
More than 20 agricultural enclave applications have already been submitted across Florida, including the proposal rejected in Martin County, according to the information provided for this report. The county's decision offers an early example of how local officials are applying the new law as property owners seek certification.