For FDACS to conduct a binding determination under Section 373.407, F.S., the following conditions must exist:

1. The alterations or activities in question must be on lands classified as agricultural by the county property appraiser at the time the activities are or were conducted. 
2. The alterations or activities in question must not previously have been authorized by an environmental resource permit or a management and storage of surface water permit issued pursuant to Part IV, Chapter 373, F.S., or by a dredge and fill permit issued pursuant to Chapter 403. F.S.
3. There must be a dispute between the landowner and the water management district as to the applicability of the exemption. To establish that a dispute exists as to the applicability of of Section 373.406(2), F.S.:
   1. A water management district making a request for a binding determination from FDACS must provide a copy of written correspondence informing the landowner that the activity requires or may require a permit, and a copy of written correspondence or other documentation from the landowner indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.
   2. A landowner making a request for a binding determination from FDACS must provide a copy of written correspondence from the water management district indicating that the activity requires or may require a permit, and a written statement or other documentation indicating that the landowner is claiming that the activity is exempt under Section 373.406(2), F.S.

Requests for FDACS review of Water Resource Agricultural Permit Exemptions can be initiated by the water management district or the landowner/agent by submitting a complete exemption review package to AgPermitExemption@FDACS.gov. Such packages must include complete information detailing the landowner, the property, and the activities or alterations in dispute, and the documentation of dispute from the district needed to establish FDACS authority. Additional items needed in support of a request for a binding determination can be found in Rule 5M-15.006., Florida Administrative Code (F.A.C.).

FDACS will determine alterations or activities to be exempt from permitting under Section 373.406(2), F.S., if the following criteria are met, per Rule 5M-15.005, F.A.C.

• The landowner must be engaged in the occupation of agriculture, silviculture, floriculture or horticulture;
• Alterations to the topography of the land must be for purposes consistent with the normal and customary practice of agriculture, silviculture, floriculture or horticulture in the area; and
• The alteration or activity may not be for the sole or predominant purpose of impeding or diverting the flow of surface waters or adversely impacting wetlands.

For more information on the binding determination process, see Chapter 5M-15, F.A.C. For more information on normal and customary agricultural activities, see Section 403.927(4)(a), F.S., and the FDACS Best Management Practices.