Can a Florida county require building permits for temporary lodging used during agritourism events on a working farm?

Plain-English summary

Florida Attorney General James Uthmeier ruled that counties cannot require building permits or site plan approvals for temporary lodging used during agritourism events, when the lodging is part of a legitimate agritourism activity on a working farm.

The opinion came after Manatee County tried to require TerraNova Equestrian Farm to obtain building permits for 40 temporary, wheel-mounted accommodation units used by competitors during equestrian competitions. The AG concluded that because the competitions qualify as "agritourism activity" under Florida law, § 570.85(1) preempts the county from regulating them, including through permit requirements.

The ruling reinforces Florida's strong protection for agritourism on working farms and limits local governments' ability to use zoning and permitting to restrict agricultural activities that include public viewing or participation.

What this means for you

Florida farm owners hosting agritourism activities

For activities that fit the definition of "agritourism activity" under § 570.86(1), the opinion treats § 570.85(1) as preempting county building permits, site plan approvals, and other land-use authorizations. The opinion identifies three characteristics it relied on for the equestrian fact pattern: the land was already classified as a bona fide farm under § 193.461; the events let the public view or enjoy training and exhibition activities; and the temporary on-site accommodations were used by competitors and staff, not by members of the general public.

County officials, planners, and zoning boards

The opinion concluded that Manatee County's permit and site-plan requirements were preempted as applied to TerraNova's facts. The AG read § 570.85(1)'s preemption broadly ("any local ordinance, regulation, rule, or policy") and read the § 570.86(1) exception for structures "intended primarily to house, shelter, transport, or otherwise accommodate members of the general public" narrowly, holding that participant-only accommodations during the events did not fall within that exception.

Operators of agritourism events (festivals, competitions, exhibits)

For the equestrian-competition fact pattern, the opinion treated wheel-mounted, temporary on-site accommodations for competitors and staff on agriculturally-classified land as part of the protected "agritourism activity" rather than as separately permittable structures.

Equestrian and agricultural attorneys

The opinion specifically rejected the argument that the § 570.86(1) "general public" carve-out covered the TerraNova units, on the ground that the units were only available to competitors and their staff and were not available to members of the general public who attended the events.

Common questions

Q: What counts as an "agritourism activity" in Florida?
A: Per § 570.86(1), it's any agricultural-related activity consistent with a bona fide farm that lets the general public, for recreational, entertainment, or educational purposes, view or enjoy farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions.

Q: Does this apply to permanent farm-worker housing?
A: No. The agritourism preemption does not protect permanent housing or structures "intended primarily to house, shelter, transport, or otherwise accommodate members of the general public." Permanent worker housing is governed by separate land-use rules.

Q: Can a county require any permits at all on an agritourism farm?
A: Florida law (§ 570.85) broadly preempts counties from adopting or enforcing "any local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits" an agritourism activity. Health and safety regulations of general application may still apply, but specific land-use, zoning, and building-permit requirements targeting the agritourism activity itself are preempted.

Q: What's a "bona fide farm operation"?
A: § 193.461 classifies land as agricultural for tax purposes if it is used primarily for a "bona fide agricultural purpose." Florida courts have held this includes boarding and training horses (Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003)).

Q: What if my activities serve the public but aren't strictly "farming"?
A: The definition is broad, "agricultural related activity" includes ceremonial, civic, training, and exhibition activities. Equestrian competitions, agricultural fairs, and similar events typically qualify.

Background and statutory framework

Florida enacted § 570.85 to "promote and protect" agritourism, recognizing that combining agricultural production with public-facing activities (festivals, U-picks, farm tours, equestrian events) is essential to the economic viability of many small and mid-sized farms. The legislature broadly preempted local interference because counties had been using zoning and permitting to effectively shut down these activities.

Section 570.86(1) defines "agritourism activity" expansively to capture the full range of farm-based public activities. The narrow exception for structures "intended primarily" to accommodate the general public preserves local control over things like permanent hotels or commercial lodging built on farms: but does not extend to temporary, participant-only accommodations.

Citations and references

Statutes:
- § 570.85, Fla. Stat. (Agritourism)
- § 570.86, Fla. Stat. (Definitions)
- § 193.461, Fla. Stat. (Agricultural classification)
- § 163.3221, Fla. Stat. (Local government definitions)

Cases:
- Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003), boarding and training horses is bona fide agricultural purpose
- Robbins v. Racetrack Training Ctr., Inc., 833 So. 2d 306 (Fla. 3d DCA 2003), racing horse training as agricultural use

Source

• Original PDF: https://www.myfloridalegal.com/print/pdf/node/28156

Original opinion text

The full opinion as issued by Attorney General James Uthmeier:

Honorable Mike Rahn
Manatee County Board of County Commissioners
1112 Manatee Avenue West
Bradenton, Florida 34205

Dear Commissioner Rahn:

This office received your letter, dated February 17, 2026, requesting a legal opinion on a question of Florida law. You ask essentially whether TerraNova Equestrian Farm's ("TerraNova") temporary on-site participant accommodations for participants in equestrian training and exhibitions constitute "agritourism activity" and therefore prohibit Manatee County ("the County") from requiring TerraNova to obtain any temporary or permanent building permits or site plan approvals.

In short, my answer to your question is yes. Because TerraNova's temporary on-site participant accommodations constitute "agritourism activity," section 570.85(1), Florida Statutes, prohibits the County from adopting or enforcing any local ordinance, regulation, rule, or policy, including temporary and permanent building permit requirements or site plan requirements, that prohibits, restricts, regulates, or otherwise limits TerraNova's equestrian competitions and temporary on-site participant accommodations.

Background

TerraNova owns and operates a farm on a property located in the County. Since 2018, the County has recognized that TerraNova's property is a "bona fide farm operation" under section 193.461, Florida Statutes. As part of its bona fide farm operation, TerraNova hosts equestrian competitions that are open to the general public for entertainment purposes to view training and exhibitions.

During the competitions, competitors and their staff need temporary on-site accommodations while they compete and participate. Allowing competitors and their staff to stay on the property would allow them to care for their horses overnight, prepare for upcoming competitions, and complete other activities necessary for the competitions. In response to this need, TerraNova plans to provide competitors and their staff with temporary on-site accommodations.

To accommodate competitors and their staff, TerraNova has purchased 40 participant accommodation units ("Units") and installed temporary water and electric connections for each Unit. The Units will remain on wheels and will not be permanently affixed to a foundation. TerraNova also plans to build a driveway so that competitors and their staff can access the Units. The Units will only be used during the competitions and will only be available to competitors and their staff. The Units are not available to the members of the general public who attend competitions. The County is attempting, however, to require TerraNova to obtain a temporary building permit pursuant to a site plan and other permanent building permits.

Analysis

Section 570.85 governs the promotion and protection of "Agritourism." Section 570.85(1) preempts a local government from adopting or enforcing "a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land under s[ection] 193.461." Under section 193.461, land is classified as "agricultural land," for tax purposes, if it is used primarily for a "bona fide agricultural purpose."

Section 570.86(1) defines "agritourism activity" broadly as "any agricultural related activity consistent with a bona fide farm … which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions." Importantly, section 570.86(1) excludes from the definition of agritourism activity "the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public."

Here, TerraNova's temporary on-site accommodations fall within the definition of "agritourism activity." The County has already recognized that TerraNova's farm is a bona fide farm operation. The equestrian competitions allow members of the general public for entertainment purposes to view or enjoy activities, including equestrian training and exhibition. Thus, TerraNova's competitions fall directly within the definition of agritourism activity and are protected from a local government adopting or enforcing "a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity." Additionally, the temporary on-site accommodations are merely ancillary aspects of the competitions and are a needed part of an agritourism activity.

Furthermore, section 570.86(1)'s exclusion does not apply to TerraNova's temporary on-site accommodations because the accommodations are not primarily intended to house or otherwise accommodate members of the general public. The accommodations are only available during the equestrian competitions. And the accommodations will only be available to competitors and their staff and not members of the general public who attend the events.

Conclusion

TerraNova's temporary on-site participant accommodations, along with its equestrian competitions, constitute "agritourism activity" under section 570.86. Consequently, section 570.85(1) prohibits the County from adopting or enforcing any local ordinance, regulation, rule, or policy, including any temporary and permanent building permit requirements or site plan requirements, that prohibits, restricts, regulates, or otherwise limits TerraNova's equestrian competitions and temporary on-site participant accommodations.

Sincerely,

James Uthmeier
Attorney General