Subject:
Title
Ordinance updating the Pinellas County Code regarding Water and Navigation Regulations by amending Sections 58-501 to 58-550.
label
Recommended Action:
Recommended Action
Conduct a public hearing and adopt a proposed Ordinance. Following public comment, amend Pinellas County Code Sections 58-501 to 58-550 to include:
• Codifying the transition of intake duties for dock and dredge and fill permit applications from the Clerk of Court to Public Works / Water and Navigation staff, including the collection of fees.
• Providing staff with the ability to expedite dredge and fill permit applications (including seawalls) and waive fees following natural disaster determinations.
• Providing for appeals of staff determinations and variances to dock and dredge and fill permits to be heard by an existing special magistrate process instead of the Board of County Commissioners (Board) and Board of Adjustments and updating related notice requirements for consistency with other codes.
• Extending licensing requirement already in place for dock contractors to dredge and fill (including seawall) contractors.
• No direct financial impact associated with adopting this Ordinance.
Body
Strategic Plan:
Ensure Public Health, Safety and Welfare
2.1 Provide planning, coordination, prevention, and protective services to create and enhance a safe, secure, and healthy community
Practice Superior Environmental Stewardship
3.2 Preserve and manage environmental lands, beaches, parks, and historical assets
Foster Continual Economic Growth and Vitality
4.6 Support a vibrant community with recreation, arts and culture to attract residents and visitors
Deliver First-Class Services to the Public and Our Customers
5.1 Be responsible stewards of the public’s resources
5.4 Strive to serve the needs of all Pinellas County residents and customers
Summary:
Summary
The County regulates docks, dredging and filling (including seawalls) countywide as a Charter power through the County Water and Navigation Regulations (Ch.58, Art. XV). The updated ordinance proposes to bring greater flexibility to dock and dredge and fill permit applicants, as well as codifies some recent administrative changes. A Business Impact Estimate was completed as required by Senate Bill 170.
The following is a summary of the code updates.
To improve administrative efficiency, the Public Works Department (which enforces the Water and Navigation Regulations) recently took over intake duties for permit applications for activities governed under the Water and Navigation Regulations from the Clerk of Court. This transition of permit application intake duties needs to be codified.
The Public Works Department is currently authorized to waive dock permitting requirement and fees following natural disasters. This code update would extend similar authority to expedite dredge and fill permits and waive fees.
Currently, the Board or BOA hear appeals of Staff determinations, as well as certain variance requests, under the Water and Navigation Regulations. Allowing the existing special magistrate to hear these appeals and variance will provide technical and legal expertise, improved flexibility, and convenience for the public and is consistent with other County codes.
Lastly, the code update ensures dredge and fill contractors are required to maintain the same licensing requirement as dock contractors.
Body
Background Information:
The Water and Navigation Regulations have not been updated since 2011 (Ord. No. 11-12). 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