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1/2-9) in effect at that time; these criteria required that red mangroves not be- trimmed below a height of six (6) feet, and required that at least fifty (50) percent of the canopy of any mangrove tree must be retained. Permit MA 89-016 was specifically issued for the removal of lower branches of the existing mangroves; no hedging was permitted under the permit. The Florida Department of Environmental of Regulation (FDER), Central District Permitting Office has no record of a mangrove alteration permit being issued for mangrove trimming on the subject property. It is also probable that some of the altered mangroves are below the Mean High Water Line'of the lagoon, where trimming is prohibited by Florida Department of Natural Resources (FDNB) Aquatic Preserve regulations. ALTERNATIVE & ANALYSIS: Section 927.05(1) of the Tree Protection and Land Clearing Chapter of the county Land Development Regulations (LDRs) prohibits the performance of any mangrove alteration unless a county mangrove alteration permit has first been issued. In addition, county LDRs state that no permit shall be issued for mangrove alteration unless the applicant has obtained approval from the FDER and if necessary the FDNR. Present county and state mangrove trimming regulations prohibit the trimming of any mangroves under seven (7) feet in height. Section 927.17 of the LDRs further specifies that a violation shall be punishable upon conviction by a fine not to exceed five hundred dollars ($500), or by imprisonment in the county jail up to sixty (60) days, or both. The destruction or alteration of each tree shall be considered a separate offense, and the destruction of an historic or specimen tree, mangroves or -any dune vegetation shall receive the maximum penalty provided by law. The number of individual mangrove trees altered on the subject property is estimated to be at least 30 mangroves. The subject mangroves are young, and therefore are present in a high density. Based on a fine of $500 per tree, the resultant fine would be calculated at fifteen thousand dollars ($15400). However, staff has recommended a $500 land clearing violation to address the trimming violation since no permanent destruction of individual mangroves occurred. Based on the height and method of mangrove alteration which took place, an after -the -fact permit cannot be issued to remedy the violation, because the mangrove trimming activity was not performed in accordance with permit issuance criteria in Section 927.08. Based on the illegal mangrove trimming activity and the fact that no individual mangrove trees were destroyed, staff on March 13, 1992, requested that Dr. & Mrs. Branigan submit a voluntary payment of five hundred dollars ($500) and cease all further mangrove alteration unless permitted by the county. Voluntary payment as requested by staff has not been submitted. RECOMMENDATION: Staff recommends that the Board of County Commissioners request that the respondent pay a voluntary fine of five hundred dollars ($500). In the event that any said agreement is not forth -coming, staff recommends that the Board of County Commissioners grant staff the authorization to pursue available remedies in County Court. -U APR 2 11992MK F �r P