Update: Questions Submitted for Tonight's Wetlands Panel

Questions for the Wetlands Panel

Tuesday September 24, 2013

Hosted by the Wakulla Democratic Executive Committee

At the Wakulla County Library

7 PM

Free & Open to the Public

Questions appear as submitted to the panel organizers:

When we are talking about wetlands and just building a few feet closer to the edge...why would the difference between 0 and 35 feet be important? For that matter, why would it make any difference between 35 and 75 feet? It seems that runoff and impact would not be much different either way? Can you explain the reasoning and the differences it will make?

Is this not true: the State can permit a private owner to fill a water body because the State holds sovereignty over all land, water, and water bottoms within its boundary, but the private owner cannot give himself permission, because he holds property —not sovereignty. If this is true, would you say that those who assert that any wetlands regulations are a violation of property rights may be fundamentally confusing property with sovereignty?

Why is it important to have a 35 to 75 ft buffer instead of the State 0 -  25 foot buffer.   What is the function of the buffer?

(1) What is the difference between the Wetland's Ordinance and the Current Comprehensive Plan  Language/why don't we just need comprehensive plan language like we have had since 1995?

(2) If the wetland's ordinance is repealed - and the comp plan language is still in place- what effect would that have on buffer zones and variances? It is my understanding that there would be no variances and a strict 75 foot buffer would be put in place.

(3) The 75 foot buffer was added to the comp plan in 1995- as our county's population has more than doubled since that point- what effect on growth do you believe that the buffer has had on growth and environmental protection?

(4) with over 2/3rds of our county already protected in a state or federal park- why do some people believe we should try to protect isolated wetlands with these additional guidelines?

(5) Without the wetlands ordinance or the comp plan language how would permitting be different?

 will cost or time be less?

(6) If we do away with the wetlands ordinance is there a way that we could provide new buildings with a best practice guidelines document or a certificate program to show that they are trying to protect our wetlands?

On what information were the Florida wetlands regulations 25 foot  buffer based upon?  Does the State of Florida believe that this buffer at 25 feet, does its job?

1. Do State Regulatory program(s) address and regulate the Dredging and Filling of wetlands?

Background: there have been statements indicating that Dredging and FIlling of wetlands by developers will go unchecked if the Wakulla Wetlands Ordinance is repealed.

2. Do State Regulatory program(s) include and address dredging and filling activities in "isolated" wetlands"?

Background: there have been statements indicating that "isolated wetlands" will have no protections if the Wakulla Wetlands Ordinance is replealed.

3.  Is it true that State Regulatory program(s) identify that activities in wetlands and other surface waters must not be contrary to the public interest, or if the activity is located in an Outstanding Florida Waters, the activity MUST be clearly in the public interest?

Background: there have been statements that developers will be able to conduct dredge/fill activities in wetlands that will lead  to an overall loss of recreational and economic benefits to the citizens of Wakulla County should the Wetlands Ordinance be repealed.

4. Are there special provisions in State Regulatory program(s) that protect waters used for shellfish harvesting?

Background: there have been statements that the shellfish industry will be totally ruined if the Wakulla Wetlands Ordinance is repealed.

The current Wakulla Wetlands Ordinance was adopted in August 2010.  At that time, did the State regulate Isolated Wetlands in Wakulla County?  If not, does the state regulate Isolated Wetlands now?  If so, when did that change occur?

Does DEP provide wetlands delineation?  How about the County?

Are State regulations different, depending upon when the property was acquired?  How about County regulations?

Does the state require mitigation for unavoidable adverse impacts to wetlands?  How about the County?

Is there a minimum buildable area requirement by the State and County?

Does the Wakulla Wetlands ordinance regulate development occurring adjacent to springs, karst features, or sinkholes?  How about State regulations?

If a property owner is proposing development activities involving an existing structure, which does not increase the exterior square footage of the structure, is he required to comply with the Wakulla Wetlands Ordinance?  How about State Regulations?

If a property owner has sufficient property to accommodate his proposed construction in the uplands without impacting the wetlands, but prefers to build in an area that will encroach the wetlands, is he allowed to build in the wetlands if he propose to mitigate the wetlands encroachment?  County/State?

Does the ERP (Environmental Resource Permit) program, require permitting of uplands development when no wetlands exist on the subject property, but do exist on adjoining parcels?  Does the Wakulla Wetlands ordinance regulate uplands when no wetlands exist on the subject property?

In the event that the planning department issues a wetlands and other surface waters preliminary letter which includes an incorrect determination, is the county bound by this determination if additional information received subsequent to the date of the letter reveals that wetlands or other surface waters are likely to exist?  Is the State bound by its delineation/determination?

In the event the planning department disputes the accuracy, completeness, or validity of a delineation submitted by a developer, who is the final authority regarding the extent of wetlands and other surface waters on the subject parcel?  If DEP has final authority, will DEP make a binding determination that applies to the 75 feet buffer zone that exists in the Wakulla County ordinance?

Note: A regulatory expert from DEP will be on tonight's panel.