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Though Monroe County struck a tentative deal with the Florida Department of Community Affairs (DCA) on commitment to protect environmentally sensitive land, the state wants clarification on the county's intent.  From the  January 14 Key West Citizen:

DCA questions county's 'intent'

State wants mayor to clarify details of proposed building moratorium

BY TRAVIS JAMES TRITTEN

keysnews.com

Monroe County and the state Department of Community Affairs have different ideas of how threatened native forests should be protected in the Florida Keys, despite a major conservation agreement last week.

DCA Secretary Colleen Castille said Tuesday that the agency does not approve of subsequent county plans to use its own conservation maps -- maps that may omit many 2- and 3-acre parcels -- to designate where development will be prohibited under a planned moratorium.

County Mayor Murray Nelson has said that only areas designated by the county's maps will be covered by the one-year ban on development agreed to during a Jan. 6 commission meeting.

"I clearly understood that the proposed moratorium would apply countywide to all areas containing 2 or more acres of native upland vegetated habitat," Castille wrote Tuesday in a letter to Nelson.

The disagreement comes just two weeks before the county goes before Gov. Jeb Bush and the Florida Cabinet for a yearly review of progress toward resolving land-use issues. The county commission agreed to the moratorium, a measure it opposed over the summer, to avoid state penalties that could come from a bad review.

There was no discussion of using county maps during last week's negotiations, said Castille, who will make a recommendation to the governor and Cabinet. Instead, county staff agreed to use data from a state natural lands inventory and the state Fish and Wildlife Conservation Commission to choose what land will be protected, she said.

Following last week's meeting, Castille withdrew a notice of violation in a "spirit of cooperation," she notes in her letter. "I am now asking that we properly clarify the intent of the Board of County Commissioners ..."

The DCA notice cited about eight violations, claiming the county's current growth regulations do not go far enough in preventing developers from building in the natural areas.

Tim McGarry, director of county Growth Management, said the county did not agree last week to protect all forest land within the county.

"Basically, what was committed to was looking at a moratorium on any upland area of 2-acres within the conservation areas," McGarry said. "It includes all the significant uplands area."

Last week, Nelson said unequivocally that the county agreed to protect the conservation areas shown in the county maps, but said staff had a handle on protecting the smaller parcels.

Castille also asked Tuesday that the language describing land protected by moratorium, which is expected to be approved by commissioners Jan. 21, be changed from "upland vegetated land" to "tropical hardwood hammock and pinelands."

For months, the new DCA secretary has used a carrot-and-stick approach to press the county into protecting the Keys environment, and it appeared there was a stick included in the letter Tuesday.

A county request that its yearly allotment of home-building permits be restored by the state is still pending, Castille wrote.

Building allotments were reduced by the state several years ago because the county failed to make progress on environmental initiatives. The reinstatement of the permits could be a windfall and mean about 103 more homes could be built in the county each year.

However, the governor and Cabinet could impose an additional 20-percent reduction if it is determined that the county has again failed to make substantial progress.

ttritten@keysnews.com 

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