9/17/1992 - Laserfiche WebLink

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Fr - Director Keating recapped that the Board is requesting two amendments: the "notwithstanding" section, and the addition of a variance provision for separation distance. 2. Endangered Species Act and Single Family Lots Section 15 * 2. No land clearing or protected tree removal shall be * * allowed without a valid county land clearing and/or tree removal permit on parcels identified by county, state, or federal officials or staff as providing habitat for federally endangered or threatened species, as listed in the most current edition of "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" Published by the Florida Game and Fresh Water Fish Commission. Such permit(s) will not be issued unless and until. the a licant rovides to environmental nlanninn Environmental Planning Chief Roland DeBlois addressed Section 15 of the proposed amendments. He stated that this section relates to the Endangered Species Act. This amendment would improve the ordinance mechanism so that the County can work with individual lot owners to facilitate notification to lessen liability. This proposed provision only relates to single family lots, because we review land clearing projects where a County land clearing permit is required. Mr. DeBlois reported that staff is working with the wildlife agencies to map out properties in the County which would be affected. In this way we would be in a position to notify a property owner that there is a possibility of an endangered species habitat and therefore we will not exempt that property owner from the land clearing permit. They must prove to us that they have coordinated with the wildlife agencies before we allow that clearing. Commissioner Scurlock questioned what they could coordinate if it is a small lot and they cannot establish a new habitat or conservation area or do anything meaningful. Mr. DeBlois responded that the federal government has to review that small lot and the owner must take the responsibility. Director Keating further explained that staff is working with the jurisdictional agencies in the City of Sebastian to prepare a management plan to address this issue because there are small lots that could not develop without eliminating habitat. With this provision certain other parcels would be preserved. Mr. DeBlois noted this is where the land acquisition program would conserve habitat on a county -wide basis. Commissioner Bird inquired whether this amendment is to close a loophole, or would this effectively make some lots unbuildable because they are part of a habitat. 20 M M M