PLACEMENT: Departmental
TITLE:
title
REQUEST TO AMEND THE MARTIN COUNTY COMPREHENSIVE PLANNING AND GROWTH MANAGEMENT DEVELOPMENT REVIEW FEE SCHEDULES BASED ON LEGISLATIVE MANDATES
end
EXECUTIVE SUMMARY:
executive summary
This is a request to revise (i) the Comprehensive Planning Fee Schedule to add a new fee for review of agricultural enclave certification requests in response to Senate Bill (SB) 686 and (ii) the Growth Management Development Review Fee Schedule to add new fees for review of agricultural enclave development applications in response to SB 686 and for review of a qualified contractor’s preapplication consultation services in response to House Bill (HB) 927.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Jenna Knobbe
Title: Senior Planner
REQUESTED BY: Paul Schilling, Growth Management Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
SB 686, also known as the “Agricultural Enclaves Bill,” took effect on July 1, 2026. This bill provides new regulations and definitions for agricultural enclaves in the state of Florida. Section 163.3162(4), Florida Statutes, outlines the process by which a property owner can apply to the local government for certification of property as an agricultural enclave. If property is certified as an agricultural enclave, a property owner may submit development plans on land outside an urban service district for development that aligns with one or more adjacent parcels or adjacent development inside an urban service district. These development plans must be treated as a conforming use, notwithstanding the local government’s comprehensive plan, future land use designation, or zoning.
Agricultural enclave certification requests are highly time sensitive. Within 30 days of the local government receiving an application for certification of an agricultural enclave, the local government must provide a written report detailing whether the application complies with the requirements of the statute. Within 30 days after the local government providing the report, the application must be scheduled for a public hearing to approve or deny the parcel(s) as an agricultural enclave. If no action is taken within 90 days after receipt of the application, the certification request is deemed approved.
Since agricultural enclave certification requests are highly time sensitive, the review of a certification request must be prioritized. As evidenced by the one agricultural enclave application that Martin County has received to date, the review required for these certification requests is extensive and time-consuming. The staff planner assigned to the first agricultural enclave request received by Martin County spent over 70 hours reviewing, analyzing, and evaluating that application, in addition to the preparation necessary for the statutorily required public hearing. This amount of time was only for one staff person involved in the first step in the agricultural enclave process outlined in SB 686 - the certification portion.
Once a property is certified as an agricultural enclave, the property owner may submit development plans. Another review timeclock starts that must be completed within 180 days of receipt of the development plans as outlined in SB 686. The submittal of development plans for an agricultural enclave will likely involve extensive analysis of the type and density of development proposed outside the urban service district. Extensive negotiations may be needed to reach an agreement between Martin County and the applicant to fund or contribute land for public services and infrastructure improvements required for the proposed development.
HB 927 takes effect on January 1, 2027, and provides an avenue for applicants to utilize a qualified contractor or qualified contractor firm to supplement the County’s staff resources and provide preapplication consultation services for certain statutorily enumerated development applications. If an applicant elects to utilize the services of a qualified contractor or qualified contractor firm, in addition to evaluating for completeness, Growth Management staff must process the application for final action and must approve, approve with conditions, or deny the application within 45 days after submission of a complete application. Staff proposes a fee of $8,750-the same fee collected for review of a minor final site plan-for review and processing of a qualified contractor or qualified contractor firm’s application.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution amending the Comprehensive Planning and Growth Management Development Review fee schedules for the review of agricultural enclave certification requests and development applications and for review of qualified contractor’s preapplication consultation services.
ALTERNATIVE RECOMMENDATIONS
Provide staff with alternative instructions to amend the Comprehensive Planning and Growth Management Development Review fee schedules as directed by the Board.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: