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In a step in a good direction, Monroe County has increased fines for illegal (unpermitted) land clearing, filling, etc.  The County Commission was prompted to action by a Last Stand member's calling the Commission's attention to some recent instances of illegal clearing.  County staff was also directed by the BOCC to find a way to have a Code Enforcement officer on-call on weekends, when much of the illegal clearing and filling occurs.  The increased fines are probably still not high enough to discourage the practice, but it's a step in the right direction.  From the March 20 Key West Citizen:

County targets illegal clearing

BY TRAVIS JAMES TRITTEN

keysnews.com

Those who illegally build in hammocks or fill wetlands in the Florida Keys will face stiff new code enforcement penalties passed by the county commission Wednesday.

The new penalties, sponsored by Commissioner David Rice, range from $500 to more than $1,000 — far above the across-the-board $250 fine imposed in the past.

Rice said the old fines were not enough to discourage developers who are willing to pay the nominal amount and then continue building on the destroyed wetlands or protected vegetation.

Some believe the pace of illegal clearing for development has picked up in the wake of a major land conservation deal this month between Monroe County and the state, a deal that will result in hundreds of new homes in the Florida Keys.

"Because of what is going on with the state and the county, people are clearing at an unbelievable rate," Big Pine Key resident Katie Lyons said.

Also, the county should consider placing code enforcement officers on call during the weekends for added protection of native lands, Lyons said.

When illegal clearing is spotted on Saturday and Sunday, there is no one in the county code enforcement office to contact, she said, adding that even large clearing or filling projects can be completed in one or two days.

"We are going to need some additional resources to do that," said Tim McGarry, director of county Growth Management.

The county now has eight code enforcement inspectors for the entire Keys, McGarry said.

No Name Key resident Alicia Putney said commissioners should amend the code fines to be even more stringent.

Under the new law, violators must pay $1,000 for illegal clearing over 100 square feet. Putney said those who clear illegally should pay $1,000 for every 100 square feet destroyed.

Commissioners did not make the amendments, but more changes that will make illegal clearing even less attractive could be on the way.

"This [the new fines] is just part of the whole puzzle," McGarry said. "What we are dealing with here is just after-the-fact clearing."

Growth Management is crafting a law that will kick violators out of the ROGO system — a waiting line for permission to build a home — and the department plans to go after contractors that perform illegal work, McGarry said.

Here's what violators face:

Clearing without a permit

OLD FINE

$250 after-the-fact permit

NEW FINE

$500 for 100 square feet or less

$1,000 for more than 100 square feet

Building without a permit

OLD FINE

$250 or 10 percent of the value of construction, whichever is greater

NEW FINE

$500 for illegal construction worth less than $5,000

$1,000 for illegal construction worth more than $5,000 or 10 percent of the value, whichever is greater

Filling wetlands without a permit

OLD FINE

$250 for after-the-fact permit

NEW FINE

$500 for 100 square feet or less

$1,000 for more than 100 square feet

ttritten@keysnews.com

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