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While Monroe County wrestles with how to protect some of what's left of natural wildlife habitat in the Keys, pineland and hardwood hammock continue to be lost to illegal clearing, much of which happens on weekends, when county Code Enforcement isn't on the job.  If/when unpermitted clearing is discovered by the county, the scofflaws get off very easy.  County Commissioner David Rice proposes increasing the penalty for unpermitted clearing to a level which might actually discourage it.  Commissioner Rice's proposal deserves support.  (Contact information for County Commissioners)   The proposal is reported in this January 31 Key West Citizen article:

Penalty hike proposed for illegal clearing

BY TRAVIS JAMES TRITTEN

keysnews.com

The county is moving ahead with a building moratorium to stave off development in natural areas, but some county officials fear illegal clearing may still be occurring.

Monroe County Commissioner David Rice is proposing that county law be revised to make clearing penalties tougher.

The proposal is expected to be introduced to the county commission during its regular meeting next month in Key Largo.

"Now that we've committed to habitat conservation, we are still seeing some illegal clearing," Rice said. "Right now, you can clear without a permit and get a slap on the wrist, if that."

Those who illegally cut forest or fill wetlands may even have a better chance of being allowed to build on the property, he said.

"We've had an ongoing problem with people doing clearing É and there really aren't a whole lot of penalties," said Tim McGarry, director of county Growth Management.

Under current county code, those who clear land without a permit are required to replant the destroyed habitat and ensure that trees survive for a one-year period from the time of planting. A $250 fine can be issued for unpermitted construction, or the county can charge 10 percent of the value of the illegal work.

After paying the fine for clearing land, property owners can be eligible for an after-the-fact construction permit.

McGarry said code enforcement is now reviewing the law and will be considering an increase in the penalties.

Fines for destroyed habitat that cannot be replaced are put into a mitigation escrow account that the county uses to manage natural lands. But the money may not be enough to save areas like wetlands, McGarry said.

"Some of this stuff you can never get back," he said.

ttritten@keysnews.com

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