MARTIN COUNTY, Fla. (CBS12) — A new Florida law could offer another path toward housing on 396 acres near Kanner Highway, after Martin County commissioners voted against advancing a residential proposal for the land last year.

The property, known as Waterside, lies south of SW 96th Street, between Kanner Highway and the St. Lucie Canal. The applicant previously sought to change its designation from agricultural to low-density residential. Commissioners voted 5–0 in November 2025 not to advance that request.

Now, Kanner/96th Street Investments LLC has asked commissioners to certify the property as an agricultural enclave under a state law that took effect July 1. Florida business records list The Kolter Group as the LLC’s manager. A hearing on the certification request is scheduled for October 13.

The law is meant for certain agricultural properties that are already surrounded by development or land planned for it. To qualify, an applicant must meet specific requirements involving the property’s agricultural history, surrounding land, size and access to services such as roads, water and sewer. Whether Waterside meets those requirements is what commissioners must decide.

Commissioners can deny certification if the land does not qualify. But they must base their decision on the law’s criteria—not simply whether they want homes built there. A denial requires written findings, which the applicant can challenge in court. If the county takes no action within 90 days of receiving an application, state law says the land must be certified.

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Certification would not approve a subdivision. It would let the applicant later submit qualifying housing plans based on what is allowed on neighboring land. The law says those plans must be treated as an allowed use even if the county’s existing growth plan or zoning would otherwise prohibit it. County staff would still review the plans, but the law does not require another commission hearing on them.

Martin County has long tried to keep new neighborhoods from spreading into rural areas. The new law raises a question: If this land qualifies, can commissioners still stop homes from being built outside the county’s planned growth area?

Commissioners did not decide the Waterside request Tuesday. They unanimously approved fees for reviewing applications under the new law: $8,150 to review whether property qualifies and $16,600 to review development plans submitted later.

Senior Planner Jenna Knobbe said the law puts staff on a tight schedule. The county has 30 days to review a certification application and issue a report. A public hearing must follow within another 30 days.

“We’ve kind of had to drop everything that we’re working on and prioritize that application,” Knobbe told commissioners Tuesday.

No homes were approved Tuesday. The October 13 hearing is about whether Waterside qualifies for the new process, not approval of a housing site plan.