At its upcoming meeting Wednesday in Marathon commissioners must decide whether or not to impose a moratorium on development on land considered environmentally sensitive as well as some land that falls between developed and natural areas.

The new county laws required by the state to control growth will not be completed before the July 12 deadline, and imposing an 18-month moratorium would buy the county more time and avoid state penalties.

In reaching a decision, the commission must balance two main concerns -- the fact that property owners will likely file lawsuits, with the fact environmental organizations are unlikely to agree to a plan calling for scaled-down development.

The county has currently completed maps dividing the Keys into three tiers: Tier 1 land is the highest quality natural land, Tier 2 includes land that sits between developed areas and natural land, while Tier 3 comprises areas that are intensely developed. At present no laws exist to protect land outlined by the maps, and therefore a moratorium would ensure that development does not occur in hammocks and wetlands, lands which are ultimately targeted for preservation, until regulations are in place.

If their comments to the press are any indication, commissioners find themselves in an impossible quandary.

The most recent draft of the proposed moratorium would prohibit development in both Tier 1 and Tier 2 lands, while leaving Tier 3 properties eligible for development. The dilemma facing commissioners is that a substantial majority of the land in the Keys is in Tier 1 and Tier 2 categories. Compounding the problem is the proposed moratorium is for a period of 18 months.

Commissioners are keenly aware of recently paying out $5 million dollars to a property owner to settle the Shadek lawsuit, a takings case in which a property owner successfully argued that the county had taken his rights without reimbursement by refusing to allow him to develop his property. The costs associated with that particular case will negatively impact the county's budget for years to come, since the cost will be passed on to Keys property owners.

Back when the county denied the property owner the right to develop the property, it was based on the county's state-mandated land-use plan. When Monroe County was designated an Area of Critical State Concern by the state Legislature more than a quarter of a century ago, the Department of Community Affairs was charged with the task of overseeing the county's land-use decisions.

Unfortunately, although the state required the county to deny building permits in a number of instances, the financial burden for such decisions, as evidenced by the Shadek case, rests squarely on the shoulders of county taxpayers. Though the state of Florida continues to mandate some of these land-use decisions, it steadfastly refuses to pay any of the costs that may consequently result.

We believe it is high time that the state of Florida step up to the plate and accept some of the financial burden associated with the land-use decisions mandated on the Monroe County Commission. The state of Florida's refusal to accept its share of the costs is another blatant example of yet another unreasonable, unfunded mandate.