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80079F'A;E 14 Attorney Henderson believed Policy 6.12 refers to both "native plant community" and then "native upland plant commu- nity," and Chairman Eggert believed in both cases it should be found in the Conservation Element. (8A Ecological Communities FLora 6 Fauna) Attorney Henderson informed the Board that his client intends to develop his 2900 acres into agriculture. At the present time, he and Delta Farms Water Control District have applied for development loans with various banks. They feel that this kind of imposition creates an encumbrance on the property even though there is a delay in the actual payment of the so-called "impact fee." Attorney Henderson felt this is not an impact fee; it is simply an "exaction" from the property owner. In any event, they feel this encumbrance will adversely affect his client's ability to get the financing he needs for his citrus operation. Attorney Henderson believed there may be some internal inconsistency in the Plan itself. In the Future Land Use Element Policy 6.2 states "Indian River County shall protect and conserve Agriculturally designated lands through financial incentives and development regulations....." He did not feel this is much of a financial incentive at this point, at least in his client's situation. Attorney Henderson asked if any other counties have had success in exempting Agriculture from this requirement. Director Keating was not sure just what other counties have had approved. Terry Hess of TCRPC did not know how many different regional planning councils have a similar policy in their regional plan, but the protection of native systems was considered important in TCRPC. Of the four counties in their region, they have only reviewed Palm Beach County, and it has a 25% requirement which includes commercial and agriculture. Chairman Eggert believed that our regional plan tends to be a little more restrictive than many. 36