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Monroe County is between a rock and a hard place with regard to the Navy's AICUZ.  They don't want to offend developers for fear of "takings" lawsuits if they deny development rights.  A solution suggested by the county is for the Navy to buy property in the AICUZ.  That's not very likely.  But the county is also asking the Navy to map ACTUAL noise levels instead of using computer simulations that average noise, something that nearby residents are very legitimately asking for.  From the December 6 Key West Citizen:

Navy asked to buy land in fly zone

BY TIMOTHY O'HARA

Citizen Staff

Monroe County commissioners have asked the Navy to take local noise samples and look into buying property below fighter-jet paths.

The County Commission held a public meeting with Naval Air Station Key West officials Wednesday to discuss jet noise and changes to maps showing high noise and accident potential zones. Navy officials want the county to adopt the maps as a planning tool for determining where development should and should not occur.

The maps, called Air Installation Compatible Use Zones (AICUZ), update similar maps created in 1977 to reflect jets' average flight paths, noise levels and potential crash zones. Approval of the updated maps could limit development and redevelopment in certain areas of Stock Island, Geiger Key and other areas in the Lower Keys.

The county has shied away from approving the new zones, partly in fear of being sued for taking away property owners' development rights. As part of a lawsuit settlement, the county agreed to let developers build a housing complex on Enchanted Island, northeast of Stock Island, which is in an accident potential zone, base commander Capt. J.R. Brown said.

The County Commission has approved plans for the development, and commissioners said they are worried the county would be sued if they approved the AICUZ map and followed its recommendations to bar residential development on Enchanted Island. Commissioner Dixie Spehar proffered the idea of the Navy buying that land and other parcels that are in the AICUZ. She argued the county would have to buy Enchanted Island if the commission approved the AICUZ.

"Why don't you buy it?" Spehar asked.

The county is "getting beat up with takings cases that is getting into the millions of dollars," County Commissioner George Neugent said. "The Navy and the state screwed up by not buying this property."

The debate about the AICUZ comes as many Lower Keys residents have been complaining about increased noise from F/A-18 Super Hornet fighter jets, which residents argue were allowed to train at the Boca Chica airfield without the Navy doing the proper environmental impact statement. A lawyer for a group of homeowners has sent the assistant secretary of the Navy a letter requesting his office investigate the matter.

Spehar requested the Navy measure noise around the base, instead of relying on the sound modeling computer program that helped produce the AICUZ.

Brown responded that the Navy would be willing to work with the county to resolve individual issues, and said there is a federal fund that pays for land acquisition around military bases. Brown also underscored the importance of the county approving the AICUZ. He said the current AICUZ model, which the county adopted nearly a decade ago, is "obsolete and does not provide the best information for land-use planning."

tohara@keysnews.com

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