1995 mangrove trimming and preservation act
All three species grow in close proximity to one another, but each is specially adapted to inhabit a different area of the shoreline. Our teams are licensed to permit and trim mangroves in the state of Florida. In order to qualify as an exemption from the permitting requirements, the desired mangrove trimming must meet certain strict criteria. The Ecological Importance of Mangroves. Welcome to our comprehensive gift guide for the 2020 holiday season. The trees cannot be cut shorter than 6 feet as measured from the substrate. The Pinellas County Board of County Commissioners subsequently adopted a countywide ordinance regulating the trimming of mangroves. The state’s environmental regulators often insisted on visiting the site and battling with property owners over each cut. General permits may be used for mangrove trimming that does not qualify as exempt. First, the law distinguishes trimming activity undertaken by a homeowner from trimming performed by a “Professional Mangrove Trimmer.” As the scale of the intended trimming increases, the regulations mandate that a qualified Professional Mangrove Trimmer complete the work. Forget dying reefs, evaporating wetlands, endangered manatees and roseate spoonbills. V. Mangrove Trimming and Preservation Act Regulations. Yutzy strongly suggests that customers allow our company of experts to take care of mangroves to abide by those detailed laws. Freed from state environmental regulators, and given the choice between the mangrove and a nice view of Sarasota or Tampa Bay, many homeowners and developers fired up their chain saws. To make matters worse, the state environmental agency basically threw up its hands, saying the new legislation took away most--if not all--of the agency’s enforcement powers. 403.9322 Legislative findings. Mangroves can be trimmed in a variety of ways to provide a pleasing view while protecting the health of the tree. This article will help homeowners understand their rights and the regulations concerning any mangroves that exist on, or adjacent to, their property. The trees also control erosion, filter pollution and protect against hurricane damage. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting these important species. These professionals may be arborists, wetland scientists, ecologists, or others who can meet the statutory guidelines.[v]. Gatherings with anyone other than household members is banned in new county protocols. L.A. County tightens COVID-19 restrictions today: What you need to know. For if nature can be ruthless and efficient, so can humans. The problem, they say, is that not all mangroves are alike. “I’ve lived here 30 years, and I could not see the water from my house,” said Salu Devnani, a homeowner on old Tampa Bay, who vigorously cut his trees and set off a firestorm when local nature lovers and fishermen saw his handiwork. 1, ch. And so, Republican state Rep. Jack Latvala from the Tampa area pledged he was going to take a stand. Any mangrove trimming that exceeds the limits for an exemption or a general permit requires an individual permit. The MTPA governs how mangroves are managed in the state, unless you live in one of the delegated local governments. Mangroves are protected by the State's "Mangrove Trimming and Preservation Act" and the enforcement of this statute has been delegated to Pinellas County. will not create or establish an attorney-client relationship. Since … Filing for an individual permit requires a greater level of detail both in the submittal package and the review by DEP. Mangrove Trimming . That is why the State of Florida enacted The Mangrove Trimming and Preservation Act. This is also true for mangroves previously trimmed under a general permit, but for which additional or greater trimming is now desired. In 1995, the Florida Legislature sought to balance environmental protection and homeowners rights when it passed the “Mangrove Trimming and Preservation Act,” (hereinafter, the “Mangrove Act”). Why all the fuss? When canvassing the Department of Environmental Protection (DEP) offices state wide, she had been recommended to him by every DEP office he contacted within Florida as "the expert" on mangrove trimming. Bad for waterfront views and property values. The law also allows for the “grandfathering” of mangrove trimming that exceeds the standards set out in the code, if a homeowner can demonstrate that an increased level of trimming existed prior to the enactment of the Mangrove Act. The third type of native mangrove, the white mangrove, lives further upland than the red or black mangroves and more closely resembles a typical upland tree, although it may also appear in a dense shrub-like community. When the desired mangrove trimming exceeds the amount permitted under the exemptions, the mangrove trimming is regulated by the second regulatory scheme, known as the “general permit” process. The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The general permit process requires a higher level of authorization, and a Professional Mangrove Trimmer must perform all trimming undertaken per a general permit. The Reed decision led to the 1995 Mangrove Trimming and Preservation Act, which substantially changed Florida's mangrove protection statutes. It essentially ended the permit requirements and allowed much more liberal manicuring. The commissioners voted unanimously to have their staff gain the Florida Department of Environmental Protection's approval to enforce the state's Mangrove Trimming and Preservation Act. 403.9321 Short title.— Sections 403.9321 - 403.9333 may be cited as the “Mangrove Trimming and Preservation Act.” History.—s. But it does not look like it will be easy. This Act regulates the trimming and alteration of mangroves while also banning the use of herbicides and other chemicals used to defoliate mangroves. As a Professional Mangrove Trimmer registered in Hillsborough County, I state that the work proposed in this application will be performed in compliance with Chapte 1-14, Rules of the Environmental Protection Commission of Hillsborough County, Mangrove Trimming and Preservation, and in accordance with the conditions set forth in the permit. In some spots, trees were cut to the ground. This act regulates the alteration of mangroves and the State of Florida enforces the statutes protecting Mangroves. If peculiar or unusual circumstances exist related to the property, homeowners may wish to hire an environmental attorney to assist in obtaining the permit. After the Latvala law was passed, state environmental regulators threw up their hands, concluding that technically alive meant just that. Together, the red, black, and white mangroves form a rare and important ecological system in South Florida and play critical roles in anchoring the shoreline, providing unique habitats, and cleaning the water. A Professional Mangrove Trimmer must perform all work carried out under the general permit. Latvala hoped his new law would simplify the process. Some people, unfortunately, went overboard, he said. Rules for Trimming of Mangroves in Pinellas County. Overview of the Mangrove Trimming and Preservation Act. The State of Florida has over 8,000 miles of coastline[i], second only to Alaska among U.S. states. There may also be restoration and replacement plantings required, in addition to the fines. FAQ Links. The roots of the red mangrove filter the salt out of ocean and brackish water, providing fresh water to the tree. Whether the activity will adversely affect the conservation of fish and wildlife, including endangered or threatened species, or their habitats. Do not send any confidential information to us, unless and until a formal attorney-client relationship has been established, as memorialized in a formal, written engagement agreement. For trees greater than 16 feet in height, only 25% of their foliage can be removed annually. Devnani said he considers himself a nature lover--but he wanted his view back. Since the 1940s, about 86% of the mangroves in Florida have been lost—50% in the Tampa Bay region alone. Many homeowners aspire to live on the coast so they can enjoy the waterfront lifestyle. less than 50 feet in depth. 1996 Mangrove Trimming and Preservation Act; University of Florida IFAS (Extension Office) Contact Us Coral Gables City Hall 405 Biltmore Way Coral Gables, FL 33134 Tel: 305-446-6800 Fax: 305-460-5371 Hearing or Speech Impaired Telecommunication: TTY/TDD: 305-442-1600 Contact Us. Kathleen A. Baxter, founder and owner of Coastal Planting Service, served by personal request of the late Governor Chiles on the Mangrove Technical Advisory Committee (MTAC) which was given the task of writing the 1996 Mangrove Trimming and Preservation Act (1996 MTPA) which presently governs mangrove trimming. We do not intend to treat as confidential, any information sent to us via this website and, such information could be used against you in the future. However, the courts and the Florida legislature have recognized that when upland property abuts the water, that upland property includes certain rights by virtue of its adjacency. Mangrove Trimming and Protection Act Highlights An inspection by the City’s Natural Resources staff is ALWAYS required prior to trimming mangroves. At Zimmerman Tree Service, we’re Professional Mangrove Trimmers (PMT) and ISA Certified Arborists, well-versed in Florida statutes regarding mangrove trimming and beyond. 403.9322 Legislative findings.--(1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Since Florida has lost 86% of its mangroves since the 1940s, legislation has taken action to make sure the endangered tree population is protected. In 1995, the Florida Legislature sought to balance environmental protection and homeowners rights when it passed the “Mangrove Trimming and Preservation Act,” (hereinafter, the “Mangrove Act”). TheReed decision led to the 1995 Mangrove Trimming and Preservation Act, which substantially changed Florida’s mangrove protection statutes. Mangroves aren’t just beneficial; they’re essential. After the general permit requirements are followed, subsequent maintenance of the mangrove height is allowed under the exemption rules. The third distinction found throughout the Mangrove Act concerns the height of the mangrove trees prior to trimming. And many times, they hear from fishermen or others ratting on their neighbors for hacking down the trees. Due to their ecological importance, mangroves have long enjoyed protection through State of Florida regulations concerning removal and trimming. Where once tangled fringes existed along shorelines, there are now neat hedges. Due to the rapidly increasing development along the coast of Florida, it is critical that mangrove habitats are protected from further destruction. The Mangrove Act’s regulations establish some important distinctions. This consists of the determination of the causes of mangrove loss … It would be hard to overstate the value of the coastal environment. About DEP. [iv] Hayes v. Bowman, 91 So.2d 795, 801 (Fla. 1957). Increased population also means increased pollution, reduced natural habitat, and greater demand for water and recreational access. Sections 403.9321-403.9333, Florida Statutes, may be cited as the "Mangrove Trimming and Preservation Act." The act repealed existing statutes that regulated the trimming of mangroves and replaced them with several new statutes that reduce the amount of permitting and paperwork required for that activity. [vi] Under the Mangrove Trimming and Preservation Act, local governments can seek to be delegated permitting authority for mangrove trimming within their jurisdiction. DEP may also require the purchase of “mitigation credits.” Those credits can be purchased from a “mitigation bank,” which is a property that is placed into permanent conservation in exchange for the right to put mitigation credits up for sale. Newsom warns of regional stay-at-home order as COVID-19 hospitalizations hit record. The Mangrove Trimming and Preservation Act preserves the health of mangroves by preventing careless and inexperienced trimming, which can cause harm to them. The property shoreline length must be less than 150 feet. Homeowners may also trim mangroves when their height exceeds 6 feet but is not taller than 10 feet. Mangroves are protected by the State of Florida's "Mangrove Trimming and Preservation Act" and the State of Florida enforces the statutes protecting Mangroves. Mangroves are protected by the State's "Mangrove Trimming and Preservation Act" and the enforcement of this statute has been delegated to Pinellas County. [ii] In recognition of the important role mangroves play in Florida’s ecology, the Mangrove Act sets out to provide important protections for the trees and limits the ability to trim or remove them. Homeowners benefit from the protection the mangroves provide from storms, the trees’ ability to clean the water, and the beautiful wildlife they attract. Lawton Chiles signed, Latvala’s controversial Mangrove Trimming and Preservation Act of 1995. Op-Ed: On the COVID frontlines, we’re tired of hearing lame excuses for risky behavior. As of the date of this paper, the local governments that have assumed mangrove permitting authority are: Miami-Dade County, Broward County, Hillsborough County, Pinellas County, Town of Jupiter Island, City of Sanibel, and Sarasota County.
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