| According to a law passed in 2006 by the Florida
legislature, the Area of Critical State Concern (ACSC) designation is to
be lifted, along with the state oversights on development that go with
the designation, in 2009 if the county shows itself
up to the task of self-regulation. With much of the Work Program
under the ACSC program not yet done, the Keys is far from being ready to
regulate itself. The article below, from the May 29 Key West
Citizen, describes the process. |
State to decide if county can regulate itself
BY TIMOTHY O'HARA
Citizen Staff
A state agency that regulates growth in Monroe County soon will
issue a report to the governor and Cabinet about whether to
remove the Florida Keys from its list of Areas of State Critical
Concern.
That decision will be based on whether the county has made
substantial progress on such critical issues as wastewater,
nearshore water quality, habitat conservation for endangered
species and projected hurricane evacuation times.
Andrew Trivette, director of the Monroe County Growth Management
Division, expects to complete his own report on the subject next
week.
His report will wend its way though local channels, and then go
to the state agency, the Department of Community Affairs.
Lifting critical concern designation would make it easier for
developers to build, as the state then could not object to local
commissions' approval of certain projects. Keeping the
designation also helps the Keys receive funding for buying
sensitive land for conservation.
Trivette was adamant that he is "not advocating a position," but
rather "just preparing a progress report," he said. Trivette
will give the report to County Administrator Roman Gastesi, who
most likely will present it to the County Commission.
"There is a tremendous amount of information in this," Trivette
said of his report.
"This is a comprehensive review of the Keys being dedesignated."
But Trivette argues that the "substantial progress" required by
the state is not defined. The phrase is not explained in county
or state codes and rules, he said.
"What does it mean and how do you get there?" he asked.
The process for possibly lifting the designation was outlined in
state legislation passed in April 2006.
The Department of Community Affairs is to submit its written
report to the governor and Cabinet between July 12 and Aug. 30.
That report will detail the Keys' progress or lack thereof.
The governor and Cabinet then will decide by Oct. 1 whether the
Keys have made "substantial progress." If they have, the
designation would be lifted Oct. 1, 2009. If they haven't, the
Department of Community Affairs would have to produce another
such report next year.
Last year's report was critical of the county, saying it had not
made substantial progress on wastewater issues.
Keys homes and businesses must be connected to advanced
wastewater systems by July 1, 2010. The Keys need at least $350
million to finish that task.
Trivette and other county officials had questioned parts of last
year's report.
For example, it criticized the Key Largo Wastewater Treatment
District for not completing a new plant, Trivette said, but the
district's rules required only beginning construction on it.
The district has been constructing the plant, and it is pumping
sewage and is functional, he said.
Terms for removal of the designation were set after negotiations
between then-Keys state Rep. Ken Sorensen and environmentalists,
who feared easing state oversight would lead to destruction of
native trees and habitat.
Al Sullivan, board president of the Keys environmental group
Last Stand, said much more work must be done on sewers before
the designation is lifted.
"There are a number of issues, but the main one is sewers,"
Sullivan said. "There is no reason for us not to be in an Area
of State Critical Concern. There are benefits to it."
County Commissioner George Neugent said the county is
"negligently behind in addressing wastewater issues" and the
county should "absolutely not" be taken out of an area of
critical concern.
County Mayor Mario Di Gennaro contends the county is "making
substantial progress." He cited the state Legislature recently
authorizing, but not allocating, $200 million in state funds to
the Keys for sewage projects.
That legislation was signed by Gov. Charlie Christ on Wednesday.
"It is the governor and Cabinet's call," Di Gennaro said. "If
they say we are ready, then we will. If they say we are not,
then we will continue to work with our partners in Tallahassee.
They are our partners.
"Someday in the future, we will control our own destiny."
The Department of Community Affairs has cut back on its
oversight in the Keys, though, and is planning to close its Keys
office in June, Trivette said.
tohara@keysnews.com |
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