Forestry-related Ordinances Forestry-related Ordinances in Floridain Florida

What are the potential influences of county and What are the potential influences of county and municipal ordinances on forest land retention and municipal ordinances on forest land retention and sustainability?sustainability?

Southern Forest Resource Assessment Southern Forest Resource Assessment (2002)(2002)

Among forces of change, urbanization will Among forces of change, urbanization will have the most direct, immediate, and have the most direct, immediate, and permanent effects on the extent, condition, permanent effects on the extent, condition, and health of forests. and health of forests.

12 million acres urbanized between 1992 and 12 million acres urbanized between 1992 and 2020 2020

19 million acres developed between 2020 and 19 million acres developed between 2020 and 2040. In addition, population growth in rural 2040. In addition, population growth in rural areas means that more forests are increasingly areas means that more forests are increasingly influenced by human presence. influenced by human presence.

http://http://www.floridiannature.com/Florida_population_map.pngwww.floridiannature.com/Florida_population_map.png

www.epa.gov/wed/pages/ecoregions/fl_eco.htmwww.epa.gov/wed/pages/ecoregions/fl_eco.htmwww.epa.gov/wed/pages/ecoregions/fl_eco.htmwww.epa.gov/wed/pages/ecoregions/fl_eco.htm

Resource – Municipal Code Resource – Municipal Code Corporation DatabaseCorporation Database

• Multiple code search Multiple code search

• Advanced search optionsAdvanced search options

• Florida municipalities -- 273 of 450 (61%)Florida municipalities -- 273 of 450 (61%)

• Florida counties – 52 of 66 (79%)Florida counties – 52 of 66 (79%)

American Legal Publishing database – 13 American Legal Publishing database – 13 municipalities municipalities

Examiner.comExaminer.com

MethodsMethods

Identify and characterize ordinances in Identify and characterize ordinances in terms of:terms of:

• Jurisdiction – county or municipalJurisdiction – county or municipal

• Citation and date of enactmentCitation and date of enactment

• Primary purposePrimary purpose

• Provisions as they relate to forestryProvisions as they relate to forestry

Search MethodSearch Method

Keywords entriesKeywords entries NumberNumber

• Forest* Forest* 2290 2290

• Silviculture* (exclude forest*) Silviculture* (exclude forest*) 117 117

• Timber and harvest* 6Timber and harvest* 6

not forest* or silvicultur*)not forest* or silvicultur*)

• Tree and protect* Tree and protect* 389 389

(not forest* or silvicultur*)(not forest* or silvicultur*)

Other SearchesOther Searches(excluding forest* and silviculture*)(excluding forest* and silviculture*)

Number Number TermTerm entries entries

• Cypress mulch (phrase) 35Cypress mulch (phrase) 35

• Firewise/Defensible space Firewise/Defensible space 2 2

• Prescribe* burn*/ Prescribe* Prescribe* burn*/ Prescribe* 16 16

fire/ Control* burn*fire/ Control* burn*

451ordinances related to forestry451ordinances related to forestry 176 ordinances in 49 counties (52 municode)176 ordinances in 49 counties (52 municode) 275 ordinances in 123 municipalities (273 municode)275 ordinances in 123 municipalities (273 municode)

Search ResultsSearch Results

Florida's Silviculture Best Florida's Silviculture Best Management PracticesManagement Practices

• Minimum standards necessary for protecting Minimum standards necessary for protecting and maintaining the State's water quality as and maintaining the State's water quality as well as some wildlife habitat values while well as some wildlife habitat values while conducting forestry activities. They represent conducting forestry activities. They represent a balance between overall natural resource a balance between overall natural resource protection and use.protection and use.

• From:From: http://www.sfrc.ufl.edu/Extension http://www.sfrc.ufl.edu/Extension /florida_forestry_information/forest_manage/florida_forestry_information/forest_management/bmps.htmlment/bmps.html  

Florida's Silvicultural Best Florida's Silvicultural Best Management PracticesManagement Practices

• FL’s BMPS’ were developed in the mid FL’s BMPS’ were developed in the mid 1970’s response to CWA of 1972 requiring 1970’s response to CWA of 1972 requiring control of NPS water pollution and revised control of NPS water pollution and revised in 1993. in 1993.

• Possible sources of NPS pollution from Possible sources of NPS pollution from forestry operations includes sediment forestry operations includes sediment loading from road building, increased loading from road building, increased channel erosion, and channel erosion, and siltationsiltation. .

Right to Farm Act (F.S. Sec. 23.14)Right to Farm Act (F.S. Sec. 23.14)

.. a local government may not adopt any .. a local government may not adopt any ordinance, regulation, rule, or policy to ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on an activity of a bona fide farm operation on land classified as agricultural land pursuant to land classified as agricultural land pursuant to s. s. 193.461193.461, where such activity is regulated , where such activity is regulated through implemented best management through implemented best management practices.. practices..

F.S. 193.461 Agricultural Lands; F.S. 193.461 Agricultural Lands; Classification and Assessment (2009)Classification and Assessment (2009)

Only lands which are used primarily for bona Only lands which are used primarily for bona fide agricultural purposesfide agricultural purposes

•"Bona fide agricultural purposes" means "Bona fide agricultural purposes" means good faith commercial agricultural use of the good faith commercial agricultural use of the land. land.

•Factors may be taken into consideration: Factors may be taken into consideration:

1.1.The length of time the land has been so used. The length of time the land has been so used. 2.2.Whether the use has been continuous. Whether the use has been continuous. 3.3.The purchase price paid. The purchase price paid.

F.S. 193.461 Agricultural Lands; Classification F.S. 193.461 Agricultural Lands; Classification and Assessment (2009) (Cont’d)and Assessment (2009) (Cont’d)

4.4. Size, as it relates to specific agricultural Size, as it relates to specific agricultural use, but in no event shall a minimum use, but in no event shall a minimum acreage be required for agricultural acreage be required for agricultural assessment. assessment.

5.5. Whether an indicated effort has been Whether an indicated effort has been made to care sufficiently and adequately made to care sufficiently and adequately for the land in accordance with accepted for the land in accordance with accepted commercial agricultural practices, commercial agricultural practices, including, fertilizing, .. reforesting, and including, fertilizing, .. reforesting, and other accepted agricultural practices. other accepted agricultural practices.

Forestry Relationship With DevelopmentForestry Relationship With Development

F.S. Section 380.04  Definition of F.S. Section 380.04  Definition of development: development:

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

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

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

Forestry Relationship With DevelopmentForestry Relationship With Development(Cont’d)(Cont’d)

Primary focus of ordinancesPrimary focus of ordinances

Zoning/land use (104)Zoning/land use (104) Water related:Water related:

Stormwater management (36) Stormwater management (36) Wetlands protection (30) Wetlands protection (30) Shoreline protection (14)Shoreline protection (14) Wellfield protection (12)Wellfield protection (12) Floodplain management (10)Floodplain management (10)

Focus of Ordinances (cont’d)Focus of Ordinances (cont’d)

Tree protection (85) Tree protection (85) Prescribed/controlled burns (47)Prescribed/controlled burns (47) Timber harvesting (12)Timber harvesting (12) Firewise/defensible space (10)Firewise/defensible space (10) Land clearing (7)Land clearing (7) Cypress mulch (5)Cypress mulch (5) Chemical storage and use (6)Chemical storage and use (6) Vegetative hazards (4)Vegetative hazards (4)

0

5

10

15

20

25

30

1960 -1980

1981 -1985

1986 -1990

1991 -1995

1996 -2000

2001 -2005

2006 -2008

Period of Enactment

Per

cent

En

acte

d

Forestry is exempt (45); except “highly Forestry is exempt (45); except “highly valued trees” (3)valued trees” (3)

FL Silvicultural BMP’s (61)FL Silvicultural BMP’s (61)

Buffers and/or selective harvests (32)Buffers and/or selective harvests (32)

Harvests permits (15); Notification (5)Harvests permits (15); Notification (5) Management plans (11)Management plans (11)

Regeneration plans (8)Regeneration plans (8)

Actions for Exemption

Actions for exemption (cont’d)Actions for exemption (cont’d)

Qualify as “bonafide agriculture” (33)Qualify as “bonafide agriculture” (33) Qualify for agricultural use classification (8)Qualify for agricultural use classification (8) Qualify for both of above (9)Qualify for both of above (9) ““Silent” (49)– Tree removal prohibitions make no Silent” (49)– Tree removal prohibitions make no

reference to forestry use.reference to forestry use.

Actions requiredActions required

Prescribed burns: Prescribed burns: Comply with state rules (16), local notification (6), Comply with state rules (16), local notification (6),

local permit (18)local permit (18) Restoration only and conducted by Fire officials (1)Restoration only and conducted by Fire officials (1)

Well field protection: Well field protection: Permit forest chemical storage > 50 gallons (5)Permit forest chemical storage > 50 gallons (5)

Firewise: infrastructure standards (4), def. space (3)Firewise: infrastructure standards (4), def. space (3)

CypressCypress

• Harvest limited to dry season (2)Harvest limited to dry season (2)

• Harvest limited to sawtimber (1) Harvest limited to sawtimber (1)

• Requires mgmt plan that includes steps Requires mgmt plan that includes steps

to insure no adverse effects (1) to insure no adverse effects (1)

Use of cypress mulch in landscapes:Use of cypress mulch in landscapes:

Prohibited (9), Discouraged (14)Prohibited (9), Discouraged (14)

Potential Influences From Zoning and Potential Influences From Zoning and Land Use OrdinancesLand Use Ordinances

• Protects traditional ag/forestry uses. Limits Protects traditional ag/forestry uses. Limits development density in ag/forestry/ development density in ag/forestry/ conservation land use districts. Promote conservation land use districts. Promote forestry in urban/rural fringe districts.forestry in urban/rural fringe districts.

• Silviculture not a permitted land use in Silviculture not a permitted land use in some land use districts such as urban/rural some land use districts such as urban/rural fringe; rural residential; and conservation fringe; rural residential; and conservation areas.areas.

ImplicationsImplications

Without exemptions, forestry from would be Without exemptions, forestry from would be subject to permits; and requirements such subject to permits; and requirements such as site surveys, mitigation, restoration, and as site surveys, mitigation, restoration, and environmental assessments. environmental assessments.

Most commonly, exemptions require BMP’s, Most commonly, exemptions require BMP’s, buffers, “bonafide forestry” and buffers, “bonafide forestry” and maintaining maintaining ag use assessment.ag use assessment.

Future Research Utilizing Ordinance DataFuture Research Utilizing Ordinance Data

• Website database of Florida ordinancesWebsite database of Florida ordinances

• Analyze with demographics/population/ Analyze with demographics/population/ forest typeforest type

• Spatial analysis by location and type Spatial analysis by location and type