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The original buffer strip functioned to mitigate the incompati- bilities of an active agricultural operation abutting a single- family neighborhood. Such mitigation aspects include separation from noises and smells, and some protection (via distance removal) from pesticide drift (aerial) and pesticide and fertilizer infiltration into nearby wells used for potable water. Destruction of the buffer extended the area of active agricultural use, expanded the nonconformity, and increased the incompatibility of the agricultural and residential uses by removal of the mitigating buffer. In that the clearing was part of the illegal expansion of a nonconforming use, the activity does not qualify as a lawful agricultural activity exempted from needing County landclearing and tree removal permits. ALTERNATIVES & ANALYSIS: Section 23$-6(a)&(b), Tree Protection, of the Code of Laws and Ordinances of Indian River County prohibits the performance of any tree removal, landclearing or grubbing unless tree removal and landclearing permits have first been issued by the County, unless expressly exempted within the ordinance. The ordinance further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500)e per tree and landclearing activity or by imprisonment in the County jail for up to sixty (60) days, or both. Section 23i -7(e) of the County Tree Protection Ordinance exempts from requiring landclearing and tree removal permits "any activity conducted by a lawfully operating and bona fide commercial nursery, tree farm, agricultural operator, ranch, or similar operation, when the activity occurs on property owned or lawfully occupied by the person conducting said activity and is doTle in pursuit of said activity." While in general the grove is a lawfully operating agricultural operation, the clearing was not done as part of the lawful operation, in that the expansion of the grove use is unpermit- ted in the RS -6 zoning district. Therefore, landclearing and tree removal permits were required for the clearing that occurred. Site evidence and statements from adjacent residents indicate that at least (8) protected trees (ie - oaks and bays) were removed. Based on the illegal landclearing and number of protected trees removed, staff explained in. a letter to Mr. Kennedy dated October 16, 1987 that the clearing matter could be remedied by his voluntary payment of a $4,500.00 fine. Kennedy Grove's representing attorney, B.T. Cooksey, indicated that the matter would be appealed as necessary to challenge the determination that a violation exists. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners consider obtaining a voluntary payment of $4,500.00 and/or require the re-establishment of a vegetated buffer. In the event that any said agreement is not forthcoming, staff recommends that the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. FEB 16 1900 35 BOOK 70 [*-853