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POSSIBLE UNINTENDED CONSEQUENCES <br />FEMA FUNDING <br />• INDIAN RIVER COUNTY HAS FORMALIZED A BEACH PRESERVATION PLAN THAT INCLUDES INTERLOCAL AGREEMENTS <br />WITH CITY OF VERO BEACH AND THE TOWN OF ORCHID. <br />• THROUGH THESE INTERLOCAL AGREEMENTS, THE COUNTY ASSUMES LEGAL RESPONSIBILITY OF LARGE-SCALE BEACH <br />MANAGEMENT PROJECTS. <br />• HISTORICALLY, WE HAVE NOT HAD ANY ISSUES WITH FEMA FUNDING. <br />• RECENT CHANGES IN BOTH STATE LAW AND FEDERAL LAW POST HURRICANE MATTHEW COULD IMPACT THE COUNTY'S <br />FEMA FUNDING. <br />• .AN EXAMPLE IS FLAGLER COUNTY WAS DENIED FEMA FUNDING TO ASSIST IN THE INSTALLATION OF THE EMERGENCY <br />PROTECTIVE BERM AFTER MATTHEW, IN PART, BECAUSE IT LACKED A CUSTOMARY USE ORDINANCE OR SIMILAR LEGAL <br />INSTRUMENT ESTABLISHING ITS RESPONSIBILITY FOR, AND RELATIONSHIP TO, THE DRY SAND BEACH FOR THE USE OF <br />THE PUBLIC. <br />OPTION 1 <br />(1) ADOPT AN ORDINANCE. <br />• ACCORDING TO HB 631, IF INDIAN RIVER COUNTY ADOPTS AN ORDINANCE TO ESTABLISH CUSTOMARY <br />USE BEFORE JULY 1, 2018, IT MAY USE CUSTOMARY USE AS AN AFFIRMATIVE DEFENSE IN ANY ORDINANCE <br />CHALLENGE. <br />• FLAGLER COUNTY'S DRAFT ORDINANCE IS INCLUDED IN THIS AGENDA ITEM. <br />• FLAGLER COUNTY HAS PUBLICALLY STATED THAT THE PURPOSE OF THE ORDINANCE IS TO GIVE THE <br />COUNTY MORE AUTHORITY TO PROTECT CUSTOMARY USE OF BEACHES SHOULD THE MATTER END UP IN <br />COURT, AND IT ALLOWS THE COUNTY TO MAKE A STAND REGARDING ALL ITS BEACHES WITHOUT HAVING <br />TO TAKE ON EACH BEACH -FRONT PROPERTY OWNER SINGULARLY. <br />J <br />6/7/2018 <br />