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TO: The Honorable Members of ®ATE:February 19, 1987 FELE: The Board of County ®Commissioners DIVISION HEAD CONCURRENCE f Robert M. Keatin , Planning & Development Director ORDINANCE AMENDMENT TO SUBJECT: ELIMINATE COUNTY PROHI- BITION OF CONSTRUCTION SEAWARD OF THE RELOCATED COASTAL CONSTRUCTION CONTROL LINE FROM:Michael K. Miller Chief, Environmentalµ REFERENCES: Ord. Amen. Planning Disk: IBMIRD It is requested that the to presented consideration by the Boar of County Commission Meeting of March 3 1987. DESCRIPTION AND CONDITIONS herein be given formal Commissioners at the On March 3, 1987, a public hearing will be held by the Governor and Cabinet, as head of the Florida Department of Natural Resources, to consider adopting Rule 16B-26.018, Florida Administrative Code, reestablishing the Indian River County Coastal Construction Control Line. The Rule will substantially relocate the Coastal Construction Control Line landward of the current line in an attempt to accurately define that portion of the beach dune system which is subject to severe fluctuations based upon the 100 -year storm surge and storm waves, and thus define the area within which special siting and design conside- rations are required to ensure protection to the beach dune system, proposed structures or existing structures, and adjacent properties. Upon adoption of the new line, all construction, excavation, and alteration on property seaward of the line will require a permit from the Department of Natural Resources. ALTERNATIVES & ANALYSIS Indian River County has three ordinances which prohibit cons- truction, excavation, and alteration at any point seaward of the Coastal Construction Control Line. A partial justification for these ordinances in the past may have been that as origi- nally conceived, the Coastal Construction Control Line was actually a setback line or a line of prohibition, seaward of which all construction and excavation was prohibited. Conse- quently, the line was much closer to the dune line and the actual mean high water line. Since that time, the Department of Natural Resources has conducted numerous studies and computer modeling, and based upon the dynamic forces at work along the shoreline, has arrived at a new concept which calls for a line of control, rather than a line of prohibition. Some construction and excavation are permitted seaward of the Coastal Construc- tion Control Line, but only according to stringent state -imposed standards. Staff feels that current Indian River County Ordinances should be revised to defer to the State Department of Natural Resources' expertise regarding the authorization of structures east of the relocated coastal construction control line. Failure to revise the ordinances in the manner proposed by the County Attorney's Office could result in legal actions for damages against Indian River County in the event that all construction and excavation on certain properties is prohibited by County Ordinance. 22a MAR 10 1987 BOOK �,� �