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One and a half steps forward, one step back.  The Monroe County commission at its May 19 meeting in Key Largo scuttled the improvements made to the pending 1-year moratorium on building in upland forests.  In July the county will be one year late in implementing its permanent rule changes to protect environmentally sensitive uplands, and they are still kicking around the temporary measure intended to buy them time to do it.  Do the math.  If a one-year moratorium was needed while amending the rules, it should have been implemented two years ago.  The meeting is described in this May 20 Key West Citizen article:

County back to 2 acres and up

BY TRAVIS JAMES TRITTEN

Citizen Staff Writer

KEY LARGO

The county commission Wednesday reversed an earlier decision and voted to scale back a proposed one-year building ban meant to protect endangered hammocks and uplands.

The proposal approved at the Key Largo county commission meeting would halt building homes or businesses on some 2-acre or larger patches — 941 acres of natural land in all — until the county can develop new laws to permanently protect habitat.

The county commission agreed to create a one-year ban in January after the state ruled it had not done enough to protect the environment in 2003.

"What it will do is say we are on the same page now with [the county's negotiated agreement that] was passed by the governor and Cabinet," said Commissioner Charles "Sonny" McCoy.

McCoy, who sponsored the latest version of the building moratorium, asked that it be passed into law without more public hearings, but the county attorney rejected the attempt. Wednesday's proposal must still have two public hearings before it can be passed into law.

A wider 1,076-acre ban that included all 1-acre or larger parcels was passed unanimously last month, but was reversed Wednesday when County Commissioner Dixie Spehar sided with top opponent County Mayor Murray Nelson and McCoy.

"The use of a 1-acre moratorium is a deliberate attempt to fool property owners," County Mayor Murray Nelson said. "It only makes it more difficult for working families to own a home because they can't compete with developers."

Commissioners vowed to buy up 1-acre patches of natural land that it cut from the proposed moratorium, but no money is available this year, according to the Monroe County Land Authority.

The new proposal was supported by two Key Largo homeowners associations and the Key Largo Chamber of Commerce. Habitat for Humanity of the Upper Keys also supported Wednesday's proposal because representatives said the earlier building ban that included 1-acre parcels would eliminate development on half of its land.

The 1-acre parcels that are no longer part of the building ban provide important habitat for birds and other wildlife, said Commissioner George Neugent, who sponsored the wider-reaching ban last month.

"No one is going to convince me that those 1-acre parcels are not valuable and anybody that [says they are not] is lying to themselves," Neugent said. "I can't change my vote from where we are right now because I truly believe it was the right thing to do."

Also, the new 2-acre proposal could cause problems when the moratorium boundaries are mapped. The overlay maps used by the county to determine the ban identify 1-acre or larger patches, and far more on-site inspections will likely be needed to correct the data.

Some, including Spehar, fear that unclear maps could lead to public frustration and possibly lawsuits against the county.

"It was an unanimous vote [last month] because it was the only way to move forward," said Joan Borel, who worked with a team of residents who studied the mapping. "We must have a map to define the exact lands covered to have a legally defensible moratorium."

ttritten@keysnews.com

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