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BOOK i"AI';t 06 Parcels Seaward of the CCCL Information from the Property Appraiser's Office indicates there are 422 oceanfront parcels in the unincorporated county. In reviewing county tax maps, staff estimates that —275 of those parcels (-65%) are mostly or entirely seaward of the 1987 CCCL. Consequently, strict prohibition of construction seaward of the CCCL will render those parcels unbuildable (or nonconforming, if already developed). County maps indicate there are relatively few vaunt oceanfront parcels in the unincorporated county that have enough depth perpendicular to the ocean, such as the Orchid Dunes site, whereby residences could be designed to be totally landward of the CCCL. Acquisition of Vacant Oceanfront Parcels Of the total 422 oceanfront parcels,114 parcels are classified by the Property Appraiser's Office as "vacant residential land," with a combined tax assessed value of --$54.57 million. If the County is to contemplate acquisition of all vacant oceanfront parcels to prevent development /erosion conflicts, as well as development restriction/ taking conflicts, the Board must consider condemnation of those parcels. Assuming that assessed value is about 800/6 of market value, and that condemnation costs could be up to double the market value, the cost to the County to acquire all vacant oceanfront parcels could run in excess of $125 million. Current DEP Review In the past, the County has 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. In its determination, the DEP uses a 30 -year erosion line estimate, calculated on a site -by -site basis, at the time of the proposed development This deferral to the DEP has heti applied to single-family structures as well as construction proposed as part of site plan, PD, and subdivision projects. This deferral has been 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, DEP approval is currently required prior to site plan release for site plan projects, and prior to county building permit issuance for single-family homes. Prior to 1987, the State CCCL was a line of prohibition. In 1987, when the current CCCL was adopted, the DEP started applying the CCCL as a line of regulation, instead of prohibition, because otherwise it would result in illegal taking of land seaward of the adjusted line. If the County now chooses to establish the 1987 CCCL as a line of construction prohibition, it will run into the same illegal taking issues that the DEP had to face in 1987, particularly regarding parcels completely seaward of the CCCL. County Beach Renourishment Plan The County is developing a comprehensive beach erosion control plan, including beach renourishment in areas of critical erosion. The beach renourishment plan is being justified on the premise that it will retard the landward extent of erosion over the coming years. In consideration of the DEP's expertise and extensive coastal regulations; the potential issue of "taking" that would apply to the majority of oceanfront parcels; and the proposed beach renourishment plan, staff thinks that the Board should reconsider its position on prohibiting construction seaward of the 1987 CCCL, and should continue to defer to the DEP regarding the location of structures between the CCCL and the County's Dune Stabilization Setback Line (DSSL). Staff recommends that the Board of County Commissioners reconsider its position on prohibiting construction seaward of the 1987 CCCL, and recommends that the County continue to defer to the DEP regarding the location of structures between the CCCL and the County's Dune Stabilization Setback Line (DSSL). If the Board does not reconsider its position, staff recommends that the Board give staff direction as to how to address ongoing requests for construction seaward of the CCCL, as described herein. March 21, 2000 114