mangrove regulations in south florida -...
TRANSCRIPT
MANGROVE REGULATIONS IN SOUTH FLORIDA
Aquatic and Wetland Resources Program Environmental Licensing and Building Permitting Division Broward County Environmental Protection and Growth Management Department
Purpose
1. Provide regulatory framework for projects affecting mangroves
2. Summarize general application and evaluation procedures
3. Provide references and source of information for future projects and planning
Reason for Regulation
• Vital and Rapidly Declining Resource • The Florida Marine Research Institute has reported that
approximately 86% of the mangroves present in Florida in the 1940’s have been lost
• Coastal zone development continues to present the most severe and immediate threat to Florida’s remaining mangrove ecosystems.
Florida’s mangroves are protected by a specific suite of regulations that differ greatly from the more familiar upland tree regulations enforced throughout the region.
Mangrove Distribution
• Mangroves are loosely defined as a group of approximately 55 tree species worldwide which have successfully adapted to extreme environmental conditions found in subtropical and tropical intertidal zones.
• In Florida, mangroves are temperature limited and are only found north to Ponce De Leon Inlet on the Atlantic coast and Cedar Key on the Gulf coast.
• Black mangroves are the most cold tolerant of the three species in Florida.
Mangrove Regulations FEDERAL REGULATIONS
(US Army Corps of Engineers)
Clean Water Act (Section 404):
Permits for Discharges of Dredged or Fill Material
into the Waters of the United States
Rivers and Harbors Act
of 1899 (Section 10):
Permits for Structures or Work Affecting Navigable Waters of the United
States
STATE REGULATIONS (Florida Department of Environmental
Protection, Regional Water Management Districts
or Delegated Local Government)
Environmental Resource
Permitting Program
Chapter 373. 403-373.466
Florida Statutes &
62-330 F.A.C.
1996 Mangrove Trimming and
Preservation Act
403.9321-403.9333 Florida
Statutes
LOCAL REGULATIONS (County or Municipal
Governments)
e.g. Broward County Code of Ordinances
Chapter 27, Article XI
USACOE Jurisdiction • Trimming of mangroves by hand is not regulated by the
USACOE • Mangroves are protected by the USACOE as a “natural
resource” when any sort of regulated construction-related activity (dredge, fill, dock, seawall, etc.) will negatively impact mangroves within or riparian to navigable waters.
• USACOE regulated projects typically involve more than just trimming and therefore the required permit applications would typically be submitted by the project engineer and/or environmental consultant.
• Play it safe – Call your local USACOE District Office and/or submit an application to verify that no federal permit is required for your project.
USACOE Jurisdiction
USACOE PERMITS GENERAL PERMITS
– Nationwide or General Permits • minor project types which are pre-approved by the
USACOE at the national or regional level. • Mitigation is required for wetland impacts that exceed
1/10 acre.
INDIVIDUAL/STANDARD PERMITS – All other projects which do not qualify for a
General Permit (includes Letter of Permission).
USACOE OFFICES
State Jurisdiction Florida Department of Environmental Protection,
Regional Water Management Districts, or Delegated Local Government
Management and Storage of Surface Waters (373. 403-373.468 F.S.& 62-330 F.A.C.)
Environmental Resource Permitting Program Projects which may require trimming,
alteration, or removal of mangroves but are regulated based on the earthwork or construction that is proposed. (e.g
construction of a new T-dock through an existing mangrove fringe)
1996 Mangrove Trimming and Preservation Act (403.9321-403.9333 Florida Statutes)
Projects which ONLY involve the trimming, alteration, or removal of
mangroves with no associated construction or earthwork activities.
(e.g. window trims, removal of dangerous leaning trees, alteration of
prop roots, etc.)
State Jurisdiction Environmental Resource Permitting Program:
Regulates Construction Activities Throughout the State
Florida Statutes: Chapter 373.403 -373.468 - Management and Storage of Surface Waters (MSSW) Florida Administrative Code Rules: 62-330 – Environmental Resource Permitting (SWERP)
“The ERP program governs the following: construction, alteration, operation, maintenance, repair, abandonment, and removal of stormwater management
systems, dams, impoundments, reservoirs, appurtenant works, and works (including docks, piers, structures, dredging, and filling located in, on or over wetlands or other
surface waters, as defined and delineated in Chapter 62-340, F.A.C.)”
Florida Department of Environmental Protection Delegated Regional Water Management Districts
Delegated Counties (Broward)
State Jurisdiction 1996 Florida Mangrove Trimming & Preservation Act-
Sections 403.9321- 403.9333, Florida Statutes (Applies to trimming-only projects not otherwise regulated by the
Environmental Resource Permitting Program)
PROTECTION: To protect and
preserve mangrove resources that are
valuable to our environment and
economy from unregulated removal,
defoliation, and destruction.
FACILITATION: To provide waterfront property owners their riparian right of view
and other rights of riparian ownership by
allowing mangrove trimming in riparian mangrove fringes.
AWARENESS: That the Act shall be administered so as to encourage waterfront
property owners to voluntarily maintain
mangroves, encourage mangrove growth, and
plant mangroves along their shoreline.
Local Jurisdiction Broward County Code of Ordinances:
Chapter 27 – Pollution Control (1980)
Article XI – Aquatic and Wetland Resource Protection (Updated 1990 and 1993)
Incorporates State ERP and MTPA mangrove regulations by reference as Broward County standards
Secondary regulatory program in addition to State jurisdiction – Separate fees required for delegated ERP projects. County fee only required for MTPA projects.
Local Jurisdiction Miami-Dade County Code of Ordinances:
CHAPTER 24 – ARTICLE IV – Natural and Biological Environmental Resources Permitting and Protection; Regulation of Drainage Systems and Stormwater Management.
24-48.1(a) – Class I permit required to trim mangroves unless exempt under 403.9326.
24-48.16 – Top pruning prohibition in coastal band communities.
24-48.17 – PMT Registration and Certification.
Regulatory Exemptions Does the proposed construction project qualify for any regulatory exemptions outlined in Florida Statutes or Administrative Code?
• Review 373.406 Florida Statutes (Water Resources) • Review 403.813 Florida Statutes (Environmental Control) • Review 62-330.051 Florida’s Administrative Code (SWERP)
If “YES”, mangroves present within the project area can be trimmed, altered, or removed as necessary without a permit (ERP Exemptions supersede MTPA protections).
EXAMPLES???
Regulatory Exemptions COMMON EXAMPLES
403.813(1)(g) – “Maintenance of…drainage ditches.” 403.813(1)(h) – “The repair or replacement of existing functional
pipes culverts 403.813(1)(i) – “Construction, replacement, and repair of
seawalls or riprap in artificial waters and residential canal systems.
403.813(1)(j) – “The construction and maintenance of swales.”
Regulatory Exemptions
Regulatory Exemptions
Regulatory Exemptions If no construction is proposed, does the trimming project qualify for any regulatory exemptions outlined in the Mangrove Trimming and Preservation Act?
• Review 403.9326 Florida Statutes (M.T.P.A.)
If “YES”, mangroves present within the project area can be trimmed or altered as specifically authorized in the exemption without a permit. *Note: A Professional Mangrove Trimmer that is trimming red mangroves for the first time under an exemption MUST notify the jurisdictional agency 10 days before commencement. [403.9326(b)(4)]
Regulatory Exemptions What general types of mangrove trimming or alteration projects are exempt?
• Minor trimming [403-9326(1)(a&b)] • Grandfathered [403.9326(1)(c)] • Maintenance [403.9326(1)(d)] • Critical Infrastructure [403.9326(1)(e-h)] (e.g. communications, sewer, water, electrical,
government agencies, licensed surveyors) • Trimming or alteration associated with otherwise
exempt/permitted construction projects. [403.9328(5)]
Permitting Approach Important Numbers
• 50’ = Maximum width of mangrove fringe that can be trimmed and qualify for any trimming exemptions
• 24’ = Maximum pre-trim height of mangroves that can be trimmed and qualify for any trimming exemptions
• 16’ = Staged trimming is required for any mangroves which exceed 16’ in height so that no more than 25% of the canopy is removed annually
• 10’ = Maximum pre-trim height of mangroves that can be trimmed by a property owner (no PMT required) and qualify for trimming exemption
• 6’ = Minimum post-trim height to qualify for most exemptions
• 25% = Maximum percentage of mangrove canopy that can be removed from mangroves taller than 16’ annually and still qualify for trimming exemption
• 65% = Maximum percentage of linear shorelines longer than 150’ that can be trimmed and qualify for exemption
Permitting Approach Permit Types
If the trimming/alteration project does not qualify for any exemptions, then there are only three (3) possible permits required by the Mangrove Trimming and Preservation Act
• Section 403-9327(1)(a) – General Permit for Trimming by Property Owners
= $250 fee • Section 403-9327(1)(b) – General Permit for Navigational Trimming = $250
fee • Section 403.9328 – Individual Permits for Removal, Alteration, or Trimming
>500 ft. • Affects 1-19 Mangroves = $420 State fee or $400 Broward fee • Affects 20+ Mangroves = $830 State fee or $800 Broward fee • County fees are doubled if the project will result in destruction/removal
Note: A local agency authorization is granted in lieu of a General Permit in the seven delegated jurisdictions.
Permitting Approach
Avoidance and Minimization • To ensure consistency with the intent of the Act,
applicants should propose to only cut what is necessary to achieve a specific functional goal (Think “need” vs “want”)
• Mitigation to offset mangrove impacts can only be proposed after sufficient avoidance and minimization is demonstrated (as determined by the regulatory agency)
Permitting Approach Projects that typically would NOT meet
avoidance and minimization requirements
• “I need to get rid of my mangroves because they’re attracting spiders, snakes, and vermin.”
• “My 30 ft. tall mangroves need to be removed because they’re shading my house and lawn, and birds are roosting in them at night and making a mess of my deck.”
• “My mangroves need to be removed because my kids keep climbing them and I’m worried for their safety.”
• “I need to remove my mangroves so I can see the sunrise – it’s my riparian right.”
Permitting Approach Projects that typically WOULD meet
avoidance and minimization requirements
• “I need to remove two mangroves because their roots have grown behind my seawall and are cracking the concrete – my arborist says they cannot be saved”
• “I need to alter a mangrove on my property because the prop roots have grown so far into the canal that I cannot safely get my boat to my dock anymore”
• “Our association would like to cut a narrow footpath or canoe trail through some mangroves behind our property to provide access to the waterway”
Mitigation/Enforcement
Three (3) ways to mitigate:
Replanting /restoration of the impact area or off-site area
Lost canopy to be replaced within 5 years =
seedlings 3’ O.C.
Mitigation at an approved/permitted mitigation bank (2:1 ratio created
versus affected area)
Authorized when local options are not feasible
Monetary contribution to local agency-approved mitigation project
(2:1 ratio created versus affected area = not less than $4/sq. ft.)
Rarely an option
Trimming or Alteration of mangroves which results in defoliation or destruction of the mangroves (at the discretion of the regulatory agency) will require mitigation [403.9332(1)(a)] Caveat: Mitigation for construction projects is calculated differently.
Where to Submit? Seven local/municipal governments have been delegated the State’s (FDEP) Mangrove Trimming and Preservation Act by FDEP. Applications and inquiries for trimming or alteration projects in these areas should be sent directly to the delegated regulatory office, NOT to FDEP: • Miami Dade County (Since 1995) • Broward County (Since 1996) • Hillsborough County (Since 2006) • Pinellas County (Since 1996) • City of Sanibel (Since 1995) • Town of Indian River Shores (Since 1995) • Town of Jupiter Island (Since 1996)
Recommendations
• Contact local jurisdictional agency to discuss the proposed
project before executing a contract with the customer (scope of work may need to change – don’t promise what you can’t deliver)
• Request pre-application meeting with jurisdictional agency prior to submitting a permit application
• Unless specifically exempt, no unnecessary mangrove trimming/alteration can be approved, regardless of project type
• Read statutory language carefully; all required elements must apply for a project to qualify for a certain exemption or permit
Where to Submit?
•Six FDEP Districts: –Northwest –Northeast –Southwest –Central –South –Southeast
• Northwest and Northeast districts generally have no mangroves
Contacts Delegated Local Governments
Miami-Dade County Dade Co. Environmental Resources Management Coastal Resources Section, 33 SW 2nd Avenue
Miami, FL 33130-1540 Phone: (305) 372-6575, FAX (305) 372-6479
Broward County Environmental Licensing & Building Permitting Division One N. University Drive, Suite 201
Plantation, FL 33324 Phone: (954) 519-1482, FAX (954) 519-1412
Pinellas County Department of Environmental Management Water and Navigation Section, 512 S. Ft. Harrison Ave.
Clearwater, Fl 33756 Phone: (727) 464-4761, FAX (727) 453-3371
Hillsborough County EPC of Hillsborough County 3629 Queen Palm Drive, Tampa Florida 33619
Phone: (813) 627-2600
City of Sanibel City of Sanibel Natural Resources 800 Dunlop Road, Sanibel, FL 33957-4096
Phone: (941) 472-3700, FAX (941) 472-3065
Town of Indian River Shores Building Dept. 6001 North A-1-A Indian River Shores, FL 32963
Phone: (561) 231-4453, FAX (561) 234-5246
Town of Jupiter Island Town of Jupiter Island P.O. Box 7 Hobe Sound, FL 33475
Phone: (561) 546-5578, FAX (561) 546-6228
State Offices
State Mangrove Coordinator Bureau of Beaches& Wetland Resources 2600 Blair Stone Rd., MS 2500 Tallahassee, FL 32399-2400 (850) 245-8482 or 245-8489
Fort Pierce Branch Office, St. Lucie County 337 N. US Highway 1, Suite 307, Fort Pierce, FL 34952
Central District Brevard, Indian River & Volusia Counties 3319 Maguire Boulevard, Suite 232 Orlando, FL 32803-3767 (407) 893-3311
Southwest District Office Citrus to Sarasota Counties 3804 Coconut Palm Drive, Tampa, FL 33619-8318 (813) 744-6100
Southwest Branch Office Charlotte County 7451 Golf Course Boulevard, Punta Gorda, FL 33982 (941) 575-5814
South District Office Lee & Collier Counties 2295 Victoria Avenue, Suite 364 Fort Myers, FL 33901 (941) 332-6975
Southeast Branch Office Monroe County 2796 Overseas Highway, Suite 221 Marathon, FL 33050 (305) 289-2310
District Office Palm Beach County 400 N. Congress Avenue, Suite 200 West Palm Beach, FL 33401 (561) 681-6600
Southeast Branch Office Indian River & St. Lucie Counties 1801 Hillmoor Drive Port St. Lucie, Florida 34952 (772) 398-2806
Web-References • FDEP Mangrove Guidance: – http://www.dep.state.fl.us/water/wetlands/mangroves/index.htm • State Mangrove Trimming/Alteration Application – http://www.dep.state.fl.us/water/wetlands/erp/forms.htm#mangrove • 1996 Mangrove Trimming and Preservation Act – http://www.dep.state.fl.us/water/wetlands/mangroves/docs/mtpa96.pdf • 62-330 Florida Administrative Code – https://www.flrules.org/gateway/ChapterHome.asp?Chapter=62-330 • 373.406 Florida Statutes – http://www.flsenate.gov/laws/statutes/2011/373.406 • 403.813 Florida Statutes – http://www.flsenate.gov/laws/statutes/2011/403.813 • 40E-4.051 Florida Administrative Code – https://www.flrules.org/gateway/ruleno.asp?id=40E-4.051 • Broward County Code – http://library.municode.com/HTML/10288/level3/PTIICOOR_CH27POCO_ARTXIAQWEREPR.html#fn_194#TOPTITLE • Broward County Environmental Resource License Application – http://www.broward.org/EnvironmentAndGrowth/EnvironmentalProgramsResources/Applications/Documents/EnviroResourceLicenseApp.pdf • Miami-Dade County Code – http://library.municode.com/index.aspx?clientId=10620 • Miami-Dade Class I Permit Application – http://www.miamidade.gov/permits/library/class-1.pdf
