Newberry magistrate to issue order after hearing on agritourism permit dispute

A special magistrate for the City of Newberry said he will issue a written order within roughly eight days after a code enforcement hearing over whether structures used for agritourism and forestry on a rural property required city building permits.

The hearing focused on whether several on-site buildings are “nonresidential farm buildings” and therefore exempt from local permitting under Florida law. Rachel Thomas, attorney for the property owner, argued the property appraiser’s agricultural classification and state agritourism and Right-to-Farm provisions preempted the city’s enforcement. The magistrate said he would close the record and issue a decision without another hearing.

The matter matters because it raises whether the city may enforce building- and permitting-related provisions against structures the owner says are used primarily for forestry and complementary agritourism activities, including weddings. If the magistrate finds the structures are protected by state law, the city’s code enforcement action could be limited; if not, the property owner could face city-ordered corrections or permit requirements.

Thomas told the magistrate that, under Florida…