2800 North Horseshoe Drive

Naples, Florida 34104

239-252-2400

AGRICULTURAL CLEARING NOTIFICATION

PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE

APPLICANT CONTACT INFORMATION

Name of Owner: ___________________________________________________________________

Address: ______________________________ City: __________ State: _______ ZIP: ___________
Telephone: ________________________ Cell: _______________________ Fax: _______________
E-Mail Address: ____________________________________________________________________

Name of Agent: ____________________________________________________________________

Firm: _____________________________________________________________________________
Address: ______________________________ City: __________ State: _______ ZIP: ___________
Telephone: ________________________ Cell: _______________________ Fax: _______________
E-Mail Address: ____________________________________________________________________

PROPERTY INFORMATION

Street Address/Legal Description of Property/Folio#: _____________________________________

__________________________________________________________________________________
Zoning District, including Zoning Overlays: _____________________________________________
Basis of property exemption from local regulation pursuant to Agricultural Lands and Practices
Act (ALPA) section 163.3162(4) F.S. and the Right to Farm Act (RTFA) section 823.14(6) F.S. (See
requirements listed below):
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Property Acreage: ______________________ Proposed Acreage to be Cleared: ______________
Proposed Agricultural Use: ___________________________________________________________
___________________________________________________________________________________
Acreage of existing native vegetation on site: ___________________________________________
Date Clearing to Begin: _________________ Expected Completion Date of Clearing: ___________

ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST

ELECTRONIC
REQUIREMENTS FOR REVIEW: DOCUMENTS REQUIRED

Completed Application (download current form from the County website) 1 ☒

Proof of Ownership (Warranty Deed or Tax Statement) 1 ☒
Agent Affidavit of Authorization/Evidence of Authority-required when 1 ☒
agent applying on behalf of owner
Addressing Checklist completed by the Addressing Department 1 ☒
An aerial photograph or Site Plan that includes a general vegetation
inventory identifying the acreage of existing native vegetation on site 1 ☒
and proposed clearing plan

11/05/2021 Page 1 of 4
 2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400

ELECTRONIC SUBMITTAL REQUIREMENT CHECKLIST CON’T

ELECTRONIC
REQUIREMENTS FOR REVIEW: DOCUMENTS REQUIRED

Proof that the property has a current Agricultural Exemption form 1 ☒

List Best Management Practices, interim measure or regulations
governing the agricultural operation (Developed by the Florida 1 ☒
Department of Environmental Protection)
Provide description and evidence of bona fide agricultural operations 1 ☒

FEES

 Non-Refundable Application Fee: $250.00 up to the 1st acre and $50.00 per acre for each additional
acre or fraction thereof. Maximum $3,000.00.

LINKS

Online Payment Guide can be located: Here

Completed application may be submitted online GMD Public Portal
If unfamiliar to applying on portal or have questions, please look over our E-PermittingGuide

OTHER PERMITS/APPROVALS MAY BE REQUIRED FOR WATER USE AND/OR SURFACE WATER MANAGEMENT
FROM SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD); WILDLIFE ISSUES FROM U.S. FISH AND
WILDLIFE SERVICE OR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (USFWS AND FFWCC); AND
WETLAND IMPACTS FROM US ARMY CORPS OF ENGINEERS (USACOE) or (SFWMD). THE OWNER IS
RESPONSIBLE FOR OBTAINING ALL OTHER FEDERAL AND STATE AGENCY PERMITS AND PROVIDING COPIES
TO COLLIER COUNTY LAND DEVELOPMENT SERVICES DEPARTMENT TO FILE WITH THIS NOTIFICATION.
In accordance with F.S. 125.022 Issuance of a development permit by a county does not in any way create any
rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any
liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law.
The owner/agent will contact other Federal, State and Local agencies that may require permits.
I, _____________________________________________, affirm that I am the owner of the property described
in this application and that I understand the applicable provisions of the Collier County Land Development Code
(LDC).
By signing this notification, I affirm that I have not severed my Transfer of Development Rights (TDR) and I
acknowledge the 25-year prohibition on the creation of TDR Credits from land cleared for agricultural operations
after June 19, 2002, as set forth in the Collier County LDC.
If the land is outside the Rural Lands Stewardship Area, by signing this notification, I acknowledge that, if the
land being cleared for agricultural operations is converted to a non-agricultural use within 25 years after the
clearing occurs, the property shall become subject to the native vegetation requirements of the Collier County
LDC that would have been required prior to any clearing taking place.
Florida Statute Section 837.06 (False Official Statements Law) states that: “Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of $500 and/or
maximum of sixty-day jail term.

_________________________________ _____________
Owner’s or Agent’s Signature Date

_________________________________
Printed Name of Owner or Agent

11/05/2021 Page 2 of 4
 2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400

THE APPLICANT SHALL PROVIDE RESPONSES TO THE FOLLOWING TO DETERMINE IF THE

PROPERTY IS A BONA FIDE FARM OPERATION UNDER THE RIGHT TO FARM ACT FOR ZONING
PURPOSES AND FOR AGRICULTURAL CLEARING PERMITS OR NOTICES

A. PERSONS CLAIMING RIGHTS UNDER THE FLORIDA RIGHT TO FARM ACT (FS 823.14) AND
AGRICULTURAL LANDS AND PRACTICES ACT (FS 163.3162) NEED TO PROVIDE THE
FOLLOWING:

1. Proof of current Agricultural Exemption, granted by the Collier County Property Appraiser, for the
subject property, on which the activity is occurring or is to occur. (FS 193.461) Note that this
exemption requires that the land be used primarily for “Bona fide agricultural purposes.” “Bona fide
agricultural purpose” is defined as “good faith commercial agricultural use of the land.”
AND
2. Proof of a Bona Fide Farm Operation, in accordance with the following definitions (based on FS
823.14):
a. Farm is defined as land, buildings, support facilities, machinery and other appurtenances used
in production of farm or aquaculture products.
b. Farm product as defined in Section 5.01 I, as any animal or insect useful to humans and
includes any product derived therefrom.

c. Farm operation is defined as all conditions or activities by the owner, lessee, agent, independent
contractor, and supplier which occur on a farm in connection with the production of farm,
honeybee, or apiculture products and includes, but is not limited to, the marketing of produce at
roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation
of noise, odors, dust, and fumes; ground or aerial seeding and spraying, the placement or
operation of an apiary; the application of chemical fertilizers, conditioners, insecticides, pesticides,
herbicides; and the employment and use of labor.
3. The applicant must submit information to be reviewed in order to determine the existence of Bona
Fide Farm Operation or clear commitment to establish such an operation. Not all of the items listed
below must be submitted, but the determination will be made based on substantive information
provided.
a. Describe farm operation

b. Documentation of a clearly identifiable farm product or products resulting from the proposed or
existing activity
c. Identification of the proportion of the gross acreage of the land used or to be used for agricultural
purposes as compared to any residential or other nonagricultural uses on the subject property
d. Comparison of the proposed farm operation with similar operations in the immediate area in
terms of acreage and farm product(s)
e. Copy of Schedule “F” or other Federal Income Tax return filed in connection with farm income
and expenditures related to the subject property’s current farm operation
f. Length of time the subject property has been used for agriculture by the current operation and
level of activity achieved

11/05/2021 Page 3 of 4
 2800 North Horseshoe Drive
Naples, Florida 34104
239-252-2400

g. Itemized list indicating amount of time, effort and capitalization invested in the agricultural use of
the land by the applicant and owner, including receipts for goods or materials used to establish
or maintain the use
h. Proof of current or past membership or involvement with agricultural associations, societies, or
other organizations specific to forms of agriculture
i. Farm Serial Number assigned by USDA Farm Services

j. Agricultural operation Disclosure Affidavit (attached)

AND
4. Proof that the proposed or existing activity is regulated by Best Management Practices (BMP)
developed by the Florida Department of Environmental Protection, Florida Department of Agriculture
and Consumer Services, and/or the South Florida Water Management District;
OR
5. Proof that State Agency Interim Measures regulate the proposed or existing activity. These Agencies
are the Florida Department of Environmental Protection, Florida Department of Agriculture and
Consumer Services, and/or the South Florida Water Management District;
OR
6. Proof that the State Agency Administrative Regulations regulate the proposed or existing activity.
These Agencies are the Florida Department of Environmental Protection, Florida Department of
Agriculture and Consumer Services, and/or the South Florida Water Management District;
OR
7. Proof that the Federal Agency Administrative Regulations regulate the proposed existing activity.
These agencies are the US Army Corps of Engineers, the US Department of Agriculture, and/or the
US Environmental Protection Agency;
AND
8. For only those circumstances where the proposed or existing activity relates to wellfields, proof that
there is a BMP, Interim Regulation, State Administrative Regulation, or Federal Administrative
Regulation that regulates the proposed activity relative to wellfields.
Staff will review documentation to determine if there is sufficient evidence (i.e., a reasonable person
would conclude that a good faith commercial farm operation is in existence or will be operating on the
subject property.)
B. IS PROPERTY ZONED FOR AGRICULTURAL PURPOSES?
IS IT IN THE RURAL FRINGE MIXED OVERLAY?

C. DOES IT QUALIFY FOR AGRICULTURAL CLEARING NOTIFICATION?

See proof of bona fide farm operation and proof of existing agricultural exemption from the property appraiser;

or

Determine if this is expansion of existing bona fide farm operation and if new lands are adjacent to the
existing farm operation

Note: If it is zoned Agricultural and no Agricultural exemption from the property appraiser, use
the Agricultural clearing permit for future bona fide farm operation.
11/05/2021 Page 4 of 4