§ 9-108 — Exemptions

§ 9-108 - Exemptions.

The provisions set forth in this article shall not be applicable to: (1) Bona fide farm operations as defined in the Florida Right to Farm Act, F.S. § 823.14. (2) Other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock. (3) Any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. (4) All golf courses, provided that landscaping is done within the provisions of Rule 5E-1, Florida Administrative Code, and the Florida Department of Environmental Protection Document, " Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses, 2007," (Florida Golf Course BMPs), as both may be amended. (5) All athletic fields and parks, provided that landscaping is done within the provisions of Rule 5E-1, Florida Administrative Code, as may be amended. (6) Vegetable gardens, provided they are not within 15 feet of any water body or wetland. (7) Yard waste compost, mulches or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil. (8) Reclaimed water used for irrigation (which may contain substantial amounts of Nitrogen and Phosphorus). (9) Except during a prohibited application period, fertilizer containing Nitrogen may be applied to newly planted turf and landscape plants within a fertilizer-free zone only for a 60-day period beginning 30 days after planting, if needed to allow the plants to become well established and caution is used to prevent direct deposition of nutrients into the water, provided such fertilizer is applied in accordance with Rule 5E-1, Florida Administrative Code, as may be amended. (10) Except during a prohibited application period, if a soil test conducted within the last 2 years shows a Phosphorous deficiency, fertilizer containing Phosphorous may be applied to newly planted turf and landscape plants within a fertilizer-free zone only for a 60-day period beginning 30 days after planting, if needed to allow the plants to become well established and caution is used to prevent direct deposition of nutrients into the water, provided such fertilizer is applied in accordance with Rule 5E-1, Florida Administrative Code, as may be amended. The soil test method and limits shall be those recommended by the University of Florida/Institute of Food and Agricultural Sciences (UF/IFAS). (11) Hydro-seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.) or in accordance with the Stormwater Pollution Prevention Plan for that site.

(Ord. 86-10, 11-29-2010; Ord. 79-21, § 1, 10-6-2021)