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• Coastal Construction Regulations Since the early eighties, the State of Florida has regulated coastal construction in Indian River County. In 1981, the State Department of Natural Resources (DNR) established the county's first coastal construction control line. That line was revised, and in many cases moved significantly landward, in 1987. Both the 1981 and 1987 lines are lines of regulation. Seaward of those lines, the Department of Environmental Protection (DEP), successor agency to DNR, regulates all construction activity. While DEP does not pre-empt local regulation seaward of the CCCL, DEP does not allow construction in that zone unless permitted by DEP. The county's land development regulations (LDRs) address coastal construction, dune vegetation, sea turtle, and similar environmental oceanfront regulations on oceanfront parcels. For instance, the county has designated the 1981 CCCL as the county's Dune Stabilization Setback Line (DSSL) and has prohibited construction seaward of that line except for certain structures such as dune cross- overs. County staff has verified that the proposed project meets the county's DSSL requirements. In addition to the DSSL regulation, county ordinances address the 1987 CCCL, which is located landward of the 1981 CCCL (now DSSL). LDR section 932.06(3) states that, in regard to development seaward of the 1987 Coastal Construction Control Line (CCCL), "...the FDNB [staff note: now D.E.P.] and Indian River County may permit construction activity" (see attachment #3). Because LDR section 932.06(3) states that the county may permit construction activity seaward of the 1987 CCCL, the county appears to have the discretion to not approve such construction. Consequently, both DEP and the county have regulatory authority and discretion regarding construction activities seaward of the 1987 CCCL. In the past, it has been county policy to let the DEP determine the extent to which a proposed structure may project seaward of the 1987 CCCL and the type of construction and conditions it must meet in order to be so located. This policy of deferral to the DEP has been applied to single-family structures as well as construction proposed as part of site plan, PD, and subdivision projects. The policy is predicated on the DEP's expertise in the review and permitting of coastal structures and the county's comparative lack of expertise in such matters. In terms of county project reviews, the policy requires DEP approval prior to site plan release for site plan projects, and prior to county building permit issuance for single-family homes. The county's land development regulations (LDRs) provide criteria for the Board to use in its review of the appeal of the Planning and Zoning Commission's decision on the site plan and preliminary plat applications. These criteria, based on LDR section 902.07 (see attachment #5), are as follows: (1) Did the Planning and Zoning Commission fail to follow the appropriate review procedures? (2) Did the Planning and Zoning Commission act in an arbitrary or capricious manner? (3) Did the Planning and Zoning Commission fail to consider adequately the effects of the proposed development upon surrounding properties, traffic circulation or public health, safety and welfare? (4) Did the Planning and Zoning Commission fail to evaluate the application with respect to the comprehensive plan and land development regulations of Indian River County? March 7, 2000 47 punny�hA UUI.'il �, c p I