A roughly 200-acre tract at the northern end of Carter Road could take a step toward residential development when St. Johns County commissioners hold a public hearing on the property Tuesday, Oct. 20.

The hearing on Application ENCERT-2026000011, Agricultural Enclave Certification (Carter Road Associates), is scheduled for 9 a.m. at the St. Johns County Auditorium, 500 San Sebastian View in St. Augustine. The property sits west of Thompson Bailey Road in Commission District 2.

Jacksonville attorney Brad Wester of Driver, McAfee, Hawthorne & Diebenow filed the application on behalf of Carter Road Associates.

The application comes under Senate Bill 686, a state law that took effect July 1 and created a new process for owners of qualifying agricultural land to pursue development. St. Johns County has received multiple applications under the law and has been evaluating possible legal challenges to it.

State law creates new path to residential development

SB 686 changed Florida's agricultural enclave law to allow owners of qualifying properties to apply directly to local governments for certification.

Agricultural enclaves are generally pockets of agricultural land largely surrounded by existing development. The 2026 law established additional criteria for determining whether a property qualifies and applies only in counties with populations of 1.75 million or fewer. The new provisions expire Jan. 1, 2028.

If a property receives certification, its owner may submit plans for single-family housing consistent with the land-use requirements or future land-use designations of one or more adjacent parcels or developments.

State law requires such development to be treated as a conforming use regardless of the property's existing comprehensive plan designation or zoning. Local governments also cannot impose requirements more burdensome than those applied to comparable uses or densities.

Certification would not itself constitute final approval of a subdivision or allow construction to begin.

County faces strict review deadlines

The law gives counties limited time to review agricultural enclave applications.

A local government must provide the applicant with a report addressing whether the property meets the statutory requirements and then hold a public hearing to approve or deny certification. If the county fails to act within 90 days after receiving a completed application, the property must be certified.

Commissioners' review centers on whether an application satisfies the requirements established by state law rather than whether they favor the proposed development as a matter of land-use policy.

Kealey West, St. Johns County deputy county attorney, described that distinction during an earlier enclave hearing.

"The board is not being asked today whether it supports or opposes a particular development as a matter of policy," West said. "Rather, the board's role is to determine, based upon the evidence presented, whether each application meets the requirements established by state law."

Once development plans are submitted for a certified enclave, the county and property owner have 30 business days to establish a review process and schedule. The county generally cannot require that process to last longer than 180 days.

New law fuels St. Johns County growth debate

The Carter Road application arrives amid a broader dispute over the effect of SB 686 in fast-growing St. Johns County.

Property owners have filed a series of agricultural enclave applications since the law took effect July 1, putting thousands of acres before county officials.

The County Commission has also considered whether to challenge the law. County officials have said the new process substantially changes how qualifying agricultural properties can move toward residential development.

The controversy has already produced divided votes. On Sept. 15, commissioners voted 3-2 to reject an agricultural enclave application involving approximately 4,400 acres north of Palm Valley Road and Nocatee. The applicant disputed the decision, saying the county's own staff report had recommended approval.

Residents can weigh in Oct. 20

Residents can attend the Carter Road hearing at 9 a.m. Tuesday, Oct. 20, at the St. Johns County Auditorium.

Application materials are available through the county's Planning and Zoning Division. Registered neighborhood associations can also request meetings with applicants or county staff through the county's Neighborhood Bill of Rights process.

The commission will ultimately decide whether Carter Road Associates' property meets the requirements for agricultural enclave certification under state law.