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HomeMy Public PortalAboutRES 96/01RESOLUTION 96 -1 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, PALM BEACH COUNTY, REQUESTING THAT DOCK PERMITTING BE REMOVED FROM THE JURISDICTION OF PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT AND THAT DOCK PERMITTING BE PROVIDED BY THE U.S.ARMY CORPS OF ENGINEERS. WHEREAS, in 1978, the Palm beach County Board of County Commissioners adopted the Palm Beach County Environmental Controls Act, and in August, 1981, the Palm Beach County Mangrove Protection Ordinance was adopted which was amended in 1988 to transfer admin- istration of the wetland program to the Department of Environ- mental Resources Management (DERM), and WHEREAS, the said Board of County Commissioners adopted a conservation element in its 1989 Comprehensive Land Use Plan establishing a goal to maintain the functions and values of wet- lands and deep water habitats so that there will be no net loss of the functions and values of wetlands; and WHEREAS, in March, 1994 the U.S.Army Corps of Engineers (ALOE) reissued its general permit, originally issued in December, 1983, to authorize Palm Beach County Department of Environmental Resources Management (PBC -DERM) authority to administer ACOE auth- orizations for single- family piers in navigable waters of the County with a provision excluding certain areas of the Intracoastal Waterway both north and south of Lake Worth; and WHEREAS, in April, 1989, the said Board of County Commissioners adopted an agreement with the Florida Department of Environmental Regulation (now the Department of Environmental Protection) recog- nizing DERM as an approved Local Pollution Control Program; and WHEREAS, in 1990, the said Board of County Commissioners adopted the Wetlands Protection Ordinance providing for permitting of construction, dredging, filling or alterations of jurisdictional wetlands which was transferred to the Unified Land Development Code (ULDC), the Wetlands Protection Section of the ULDC. being adopted in June, 1992, including a provision for sunsetting duplicative regulatory processes; and WHEREAS, in 1993, the said Board of County Commissioners approved a resolution clarifying and defining the project activities which included required standard form permits from the Florida Department of Environmental Protection (DEP) and projects requir- ing a Management and Storage of Surface Waters (MSSW) permit from the South Florida Water Management District ( SFWMD), the DEP now has authority to regulate isolated freshwater wetlands, because County regulation has not been a popular DERM program, and therefore, permitting responsibility would best be left with the State without any adverse environmental impact; and WHEREAS, in February, 1994, when the Fifteenth Judicial Circuit Court issued a writ prohibiting Palm Beach County from regulating construction and landscaping activities in the coastal zone eastward of the Coastal Construction Control Line (CCCL), County regulation of the coastal protection program essentially shut down; and WHEREAS, the State's Environmental Resource Permit (ERP) program which expanded to include isolated wetlands and became effective in October, 1995, merged the former wetland resource permitting program and the MSSW program in an attempt to streamline the regulatory programs without any loss of environmental protection. The ERP agreement divided responsibilities between SFWMD and the DEP; and WHEREAS, the ERP program provided for delegation of all ERP responsibilities to local government, but the States Lands use authorizations which are now a part of the ERP process cannot be delegated, so this would interfere with achievement of the goal of an efficient, streamlined permitting system, and the implementation process appears disorganized with the process expected to take 9 -12 months; and WHEREAS, in June, 1995, the Mangrove Trimming and Preservation Act was passed by the Florida Legislature which has significantly limited DERM's ability to regulate trimming and other activities impacting mangroves, and the mangrove pro- tection provisions of the Palm Beach County ULDA will be abolished in December, 1995; and WHEREAS, the majority of wetland permits processed by DERM are fQx single family docks using permitting criteria more stringent than the DEP or ACOE criteria which provides an appropriate level of protection to sea grasses and other natural resources, the Joint Agreement for permitting single family docks with DEP is labor intensive, and the effort and resources required to main- tain these activities may not be justified, all such that DERM resources currently dedicated to permitting and compliance /enforce- ment on isolated wetlands and small docks may be more effectively directed towards review and commenting on larger, more significant projects. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM THAT: Section 1: The Town of Gulf Stream Town Commission requests the Palm Beach County Board of County Commissioners to suspend its Department of Environmental Resources Management (DERM) enforcement of the Wetlands Protection Code, specifically dock permitting, in an effort to reduce multiple governmental regulation and expense. Section 2: The Gulf Stream Town Commission requests that dock permitting be returned to the U.S. Army Corps of Engineers. Section 3: The Town of Gulf Stream Ordinances shall remain in full force and effect over docks and related matters. Section 4: The Gulf Stream Town Clerk is hereby directed to send copies of this Resolution to the Palm Beach County Board of County Commissioners, Palm Beach County Legislative Delegation, and all Palm Beach County municipalities. Section 5: This Resolution shall become effective immedi- ately upon its passage and approval as provided by law. PASSED AND ADOPTED in a regular adjourned session assembled this 12th day of January , 1996. MAYOR ATTEST: 14� 06r� COMMISSIONER COMMISSIONER. n COKKI S S I ON , Sj ."i - - - OMMISSIONER