Subject:
Title
Ordinance to update the Pinellas County Code Chapter 58 (Environment), Article XVI (Mangrove Trimming and Preservation).
label
Recommended Action:
Recommended Action
Conduct a public hearing to adopt the proposed ordinance to update the Pinellas County Code Chapter 58 (Environment), Article XVI (Mangrove Trimming and Preservation). Amendments include:
• Shifting appeals of staff determinations of mangrove trimming permits from the Board of County Commissioners to a special magistrate and updating related notice requirements.
• Providing additional enforcement mechanisms.
• Administrative updates to Chapter 58 (Environment), Article XVI (Mangrove Trimming and Preservation) Pinellas County Code to maintain consistency with Sections 403.9321 through 403.9333, Florida Statutes.
• Providing for posting of mangrove permits in close proximity to the project for duration of work to stay consistent with other permits issued by Water and Navigation.
• This item, by itself, has no fiscal impact on Pinellas County.
Body
Strategic Priorities:
Resilient Infrastructure and Environment
1.4 Improve environmental quality
Smart Service Delivery
4.2 Achieve and maintain a high level of customer satisfaction.
4.4 Pursue continuous improvement
Summary:
Summary
The updated ordinance proposes to bring greater flexibility to mangrove trimming permit applicants and additional enforcement mechanisms for the County. A Business Impact Estimate is attached and was completed as required by Senate Bill 170. Currently, the Board hear appeals of staff determinations under the Mangrove Trimming and Preservation Ordinance. Shifting these responsibilities to a special magistrate will provide specialized technical and legal expertise and improved flexibility and convenience for the public. Updates to Chapter 58 (Environment), Article XVI (Mangrove Trimming and Preservation) Pinellas County Code are needed to be consistent with Florida Statutes. A requirement to post mangrove permits prominently near the work site is added to ensure consistency in process with other Water and Navigation permits.
Body
Background Information:
The Florida Department of Environmental Protection (FDEP) has delegated its authority to regulate the trimming and alteration of mangroves to the County. The County regulates the permitting of mangrove trimming countywide as a Charter power through the County Water and Navigation Regulations (Ch.58, Art. XVI).
The Mangrove Trimming and Preservation Ordinance has not been updated since 2003 (Ord. No. 03-40). Relevant sections of the Code were moved from the Land Development Code to Chapter 58, Environmental Management in 2018 (Ord. No. 18-38).
Fiscal Impact:
N/A.
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
N/A
Attachments:
Ordinance
Business Impact Estimate