380.04 Definition of development. - Florida Statutes

380.04 Definition of development.

   (1) The term “development” means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

   (2) The following activities or uses shall be taken for the purposes of this chapter to involve “development,” as defined in this section:

   (a) A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.

   (b) A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.

   (c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any “coastal construction” as defined in s. 161.021.

   (d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.

   (e) Demolition of a structure.

   (f) Clearing of land as an adjunct of construction.

   (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.

   (3) The following operations or uses shall not be taken for the purpose of this chapter to involve “development” as defined in this section:

   (a) Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.

   (b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners.

   (c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.

   (d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.

   (e) The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

   (f) A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.

   (g) A change in the ownership or form of ownership of any parcel or structure.

   (h) The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.

   (4) “Development,” as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, “development” refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).

History. s. 4, ch. 72-317; s. 2, ch. 83-308; s. 94, ch. 2002-20; s. 29, ch. 2002-296.