From Walton Sun
Despite controversy surrounding a clear-cutting ordinance, some developers choose to preserve native vegetation along County Road 30A.
?We all have an ability to conserve and preserve,? said Barbara Stokes, managing member for Stokes Development.
Stokes? company is planning Caspian Estates, a nine-lot, 1.27-acre development on CR 30A. After learning of a vegetative community on the property, the company revised the development plans.
Though it is cheaper to clear-cut a lot, Stokes? aim is to construct developments that are aesthetically compatible with the buildings and landscape of 30A.
?(The native vegetation) is part of the reason people come here,? Stokes said.
The county?s comprehensive plan outlines vegetation preservation regulations for lots larger than two acres along CR 30A. In 2002, ordinance 2002-16 called for the protection of all sites, regardless of size, explained Billy McKee, Walton County environmental planner.
On Sept. 28, 2004, attorney George Ralph Miller, representing Harris Development, challenged the ordinance at a Board of County Commissioners meeting. He claimed the ordinance had not been properly advertised prior to adoption.
The commissioners voted to direct the planning department to abide by the comprehensive plan. Ordinance 2002-16 no longer applies to developers.
The planning department will ask developers to preserve vegetation if possible, but it is not mandatory.
?We review plans less than two acres and sometimes get cooperation,? McKee said.
Disregard for the previous ordinance worries some Walton County residents.
?We?re going to end up with nothing but turf and palm trees,? Anita Page, South Walton Community Council Executive Director, said.
Currently, the county is involved in two lawsuits regarding the matter.
?This particular ordinance was not properly adopted. It could not be applied. We need to ask the board to adopt a similar ordinance (to 2002-16),? County Attorney David Hallman said.
SallySallyBeach Fanatic654 postsJoined View profileMessageBeach Fanatic
SallyBeach Fanatic654 postsJoined View profileMessageBeach Fanatic5,672 views
Replies
32Walton Sun:
Walton County Code Enforcement is enhancing its code enforcement policies due to an increase in environmental violations.
?During the past 12 months, there has been an increase in violations of clearing preservation areas,? Code Enforcement Coordinator Kevin Hargett said.
Within the Walton County Land Development Code, there are designated preservation zones for native vegetation and wildlife habitat. Lately, there have been some problems with people illegally clearing some of those designated areas, Hargett explained.
?These areas are very important to the county and we do get a lot of complaints on them,? he said.
The Board of County Commissioners passed a resolution allowing Code Enforcement officials to issue civil citations when necessary. As it stands, when Code Enforcement issues a warning, the violator has 30 days to rectify the situation. Then, it goes before the Code Enforcement Board.
?We give people written warning and then they don?t take action. It can take 30 or 40 days for a five minute situation,? Hargett said.
Now, following a warning, code enforcement can issue an instant citation, which can run anywhere from $50 to $500 per day.
?It allows us to get code violations corrected faster,? he said.
The county will also have officers on call during the weekends. Code enforcement will specifically focus on wetlands and preservation zones and health safety issues.
?The county takes those issues very seriously,? Hargett said.
Code Enforcement is not intending to act as a police force, it?s necessary for people to understand county regulations, Hargett said.
?We?ll have a better looking county in the long run,? he said.
Walton County Code Enforcement is enhancing its code enforcement policies due to an increase in environmental violations.
?During the past 12 months, there has been an increase in violations of clearing preservation areas,? Code Enforcement Coordinator Kevin Hargett said.
Within the Walton County Land Development Code, there are designated preservation zones for native vegetation and wildlife habitat. Lately, there have been some problems with people illegally clearing some of those designated areas, Hargett explained.
?These areas are very important to the county and we do get a lot of complaints on them,? he said.
The Board of County Commissioners passed a resolution allowing Code Enforcement officials to issue civil citations when necessary. As it stands, when Code Enforcement issues a warning, the violator has 30 days to rectify the situation. Then, it goes before the Code Enforcement Board.
?We give people written warning and then they don?t take action. It can take 30 or 40 days for a five minute situation,? Hargett said.
Now, following a warning, code enforcement can issue an instant citation, which can run anywhere from $50 to $500 per day.
?It allows us to get code violations corrected faster,? he said.
The county will also have officers on call during the weekends. Code enforcement will specifically focus on wetlands and preservation zones and health safety issues.
?The county takes those issues very seriously,? Hargett said.
Code Enforcement is not intending to act as a police force, it?s necessary for people to understand county regulations, Hargett said.
?We?ll have a better looking county in the long run,? he said.
Smiling JOeSmiling JOeSoWal Expert31,643 postsJoined View profileMessageSoWal Expert
Smiling JOeSoWal Expert31,643 postsJoined View profileMessageSoWal ExpertWalton Sun:
Walton County Code Enforcement is enhancing its code enforcement policies due to an increase in environmental violations.
?During the past 12 months, there has been an increase in violations of clearing preservation areas,? Code Enforcement Coordinator Kevin Hargett said.
Within the Walton County Land Development Code, there are designated preservation zones for native vegetation and wildlife habitat. Lately, there have been some problems with people illegally clearing some of those designated areas, Hargett explained.
?These areas are very important to the county and we do get a lot of complaints on them,? he said.
The Board of County Commissioners passed a resolution allowing Code Enforcement officials to issue civil citations when necessary. As it stands, when Code Enforcement issues a warning, the violator has 30 days to rectify the situation. Then, it goes before the Code Enforcement Board.
?We give people written warning and then they don?t take action. It can take 30 or 40 days for a five minute situation,? Hargett said.
Now, following a warning, code enforcement can issue an instant citation, which can run anywhere from $50 to $500 per day.
?It allows us to get code violations corrected faster,? he said.
The county will also have officers on call during the weekends. Code enforcement will specifically focus on wetlands and preservation zones and health safety issues.
?The county takes those issues very seriously,? Hargett said.
Code Enforcement is not intending to act as a police force, it?s necessary for people to understand county regulations, Hargett said.
?We?ll have a better looking county in the long run,? he said.
I fail to see how that helps prevent people from clear-cutting. So you get a fine until new trees are planted?
John RJohn Rneeds to get out moreConflictinator6,782 postsJoined View profileMessageneeds to get out more
John Rneeds to get out moreConflictinator6,782 postsJoined View profileMessageneeds to get out moreusing prominence as an example, what if the clearcutting they performed was in contradiction of the code? will code enforcement have them putting trees back intot he ground? what's done is done. they'll pay their daily fine, sell the property and be on their way. same story, different day. walton county govt. needs to catch up to present day.
beachmousebeachmouseBeach FanaticBluewater Bay, FL3,499 postsJoined View profileMessageBeach Fanatic
beachmouseBeach FanaticBluewater Bay, FL3,499 postsJoined View profileMessageBeach FanaticUnless you really know your plant life what you think is native vegitation may actually be exotic plant life that is not indiginous at all.
In fact, I once had property reviewed by an environmental consultant only to find that what I thought was beautiful thick native vegitation was actually classified as nusience plants by the State DEP that should be eradicated.
And then there are the shortleaf pines that are the bane of my neighborhood. Old turpentine plantation area, so what got planted was what grew fast, not what grew well and sturdy. I'm in the camp that says every time you whack a mature live oak, God kills a kitten too, but I was still doing a happy dance when we had a dozen shortleaf pines removed from our yard after Ivan. (including the one that landed on our garage roof) Bleeping fifty foot tall weeds, they were.
From Anita Page-Executive Director, South Walton Community Council
Hello everyone,
I want to update you on several issues we have been pursuing.
Clear-cutting
You will recall, the county has authorized clear-cutting of lots along
30A that are less than 2 acres because three county commissioners
voted to direct staff not to enforce certain preservation requirements
for CR 30A in our Land Development Code. The issue is being litigated.
(See my previous emails for details) In the meantime, property along
our ?scenic corridor? which is less than 2 acres is being cleared with
impunity.
The county is still required, however, to enforce the applicable
vegetative preservation requirements for parcels over 2 acres.
These apply throughout the county. Additionally, 95% of gulf
front dune vegetation is protected regardless of lot size.
All development requires lot clearing. This email pertains to property
which is cleared in violation of the Comprehensive Plan and Land
Development Code i.e., clearing without a permit and/or clearing
protected vegetation.
Two Large Parcels Cleared on 30A
The parcel across from White Cliffs Condo on 30A. The county
has required restoration of the scrub community that was illegally
destroyed. We have questioned the ?restoration?. The original site
contained over an acre of a mature scrub community. The
?restoration? thus far is a small area of spindly plants on the front of
the lot. (See photo)
The county environmental staff reviewed the site and agreed. First,
the density of the restoration is not acceptable. Secondly, the
developer planted slash pine and bald cypress, two species which are
not part of a scrub community. Some of the ?trees? have already died.
The developer has agreed to double the density and utilize appropriate
plant species. The restoration will be done in stages as the developer
claims he is having difficulty obtaining the required vegetative species.
The developer also asked that their fine cease accumulating on Feb.
10th, the day they planted the inappropriate species. They have
asked for a 60 day grace period to comply with the county?s
requirements. The county has complied with this request.
We will continue to follow up on the restoration and the
implementation of the fines.
Prominence. We have been swamped with complaints and photos of
Prominence. This is the development that clear-cut a large parcel
south of 30A east of the Deer Lake area.
It is my understanding that the developer has voluntarily approached
the county and agreed to provide restoration.
Clear-cutting Dune Vegetation.
In the Blue Mountain Beach area, the dune vegetation on a county
beach access survived the storms but was completely destroyed by the
adjacent property owner.
In the Camp Creek area, a property owner completely cleared the
vegetation on his gulf front lot including the dune vegetation. (See
photo). The county has issued a stop work order. It has now been
months and no restoration has begun.
These are just a few examples of illegal destruction of dune
vegetation. The dune vegetation is protected by our Comprehensive
Plan for obvious reasons. It is instrumental in stabilizing the dune
system. It provides habitat for endangered species. Its destruction
should be taken very seriously.
The Core Problem-No Serious Enforcement. On individual lots, the
typical scenerio is that code enforcement contacts the property owner
who is often out of state. The property owner claims they didn?t know
they did anything wrong or they say its the the contractor?s fault-they
didn?t authorize the illegal clearing.
The lack of serious consequences also fails to discourage developers
from illegally clear-cutting parcels. The project simply pays a minimal
fine and keeps on building without interruption.
Thus far, there seem to be no serious consequences for breaking an
environmental law in Walton County.
Code enforcement is trying to enforce the laws and they are
responding quickly to citizen complaints. What is required, however, is
a commitment from the county commissioners that the environmental
laws are important and that they will be vigorously enforced against
any violator.
The issue of lack of enforcement of the environmental laws was
discussed at the Planning Commission recently. In reality, restoration
is often inadequate and cannot replace the mature vegetative
community that was illegally cleared. The answer is to stop the
illegal clearing before it happens. The county needs to send a
message.
When a parcel is illegally cleared the county should assess and collect
the maximum fine allowable. The developer or property owner should
be required to establish a restoration and maintenance plan for the
restored area utilizing a professional restoration firm. Funds should be
placed in an escrow account to ensure the plan is funded and
implemented.
One way to discourage illegal clearing is for the contractor who does
the clearing, as well as the owner to bear responsibility. The people
who actually do the clearing are locals. They know what they are
doing. They know they need a clearing permit. One serious fine to a
local contractor would reverberate throughout the county.
One member of the Planning Commission suggested enforcement
could include withholding the CO (certificate of occupancy) until any
required restoration is completed.
The well established lack of consequences for those who break the law
is a disservice to those who follow the law and to the public?s right to
have their laws enforced. County staff are trying to enforce the laws.
The commissioner?s must fully and publicly support that effort against
anyone who violates the law.
What You Can Do. Contact the commissioners and let them know
that you want the environmental laws enforced to the maximum. For
those who illegally clear property, fines should be assessed and
collected, both property owners and contractors should be held
accountable, restoration should be required utilizing a professional
consultant and a long term maintenance plan and the CO should be
withheld until the plan is in place and funded.
South Walton Community Council
Anita Page-Executive Director
Contacts
Commissioner Scott Brannon Commissioner Cindy Meadows
District 1 District 5
brascott@co.walton.fl.us meacindy@co.walton.fl.us
(850) 622-3081 (850) 622-3059
Commissioner Ken Pridgen Commissioner Larry Jones
District 2 District 3
prikenneth@co.walton.fl.us jonlarry@co.walton.fl.us
(850) 834-6328 (850) 892-8474
Commissioner Ro Cuchens Pat Blackshear
District 4 Planning Director
cucro@co.walton.fl.us blapat@co.walton.fl.us
(850) 835-4834
Hello everyone,
I want to update you on several issues we have been pursuing.
Clear-cutting
You will recall, the county has authorized clear-cutting of lots along
30A that are less than 2 acres because three county commissioners
voted to direct staff not to enforce certain preservation requirements
for CR 30A in our Land Development Code. The issue is being litigated.
(See my previous emails for details) In the meantime, property along
our ?scenic corridor? which is less than 2 acres is being cleared with
impunity.
The county is still required, however, to enforce the applicable
vegetative preservation requirements for parcels over 2 acres.
These apply throughout the county. Additionally, 95% of gulf
front dune vegetation is protected regardless of lot size.
All development requires lot clearing. This email pertains to property
which is cleared in violation of the Comprehensive Plan and Land
Development Code i.e., clearing without a permit and/or clearing
protected vegetation.
Two Large Parcels Cleared on 30A
The parcel across from White Cliffs Condo on 30A. The county
has required restoration of the scrub community that was illegally
destroyed. We have questioned the ?restoration?. The original site
contained over an acre of a mature scrub community. The
?restoration? thus far is a small area of spindly plants on the front of
the lot. (See photo)
The county environmental staff reviewed the site and agreed. First,
the density of the restoration is not acceptable. Secondly, the
developer planted slash pine and bald cypress, two species which are
not part of a scrub community. Some of the ?trees? have already died.
The developer has agreed to double the density and utilize appropriate
plant species. The restoration will be done in stages as the developer
claims he is having difficulty obtaining the required vegetative species.
The developer also asked that their fine cease accumulating on Feb.
10th, the day they planted the inappropriate species. They have
asked for a 60 day grace period to comply with the county?s
requirements. The county has complied with this request.
We will continue to follow up on the restoration and the
implementation of the fines.
Prominence. We have been swamped with complaints and photos of
Prominence. This is the development that clear-cut a large parcel
south of 30A east of the Deer Lake area.
It is my understanding that the developer has voluntarily approached
the county and agreed to provide restoration.
Clear-cutting Dune Vegetation.
In the Blue Mountain Beach area, the dune vegetation on a county
beach access survived the storms but was completely destroyed by the
adjacent property owner.
In the Camp Creek area, a property owner completely cleared the
vegetation on his gulf front lot including the dune vegetation. (See
photo). The county has issued a stop work order. It has now been
months and no restoration has begun.
These are just a few examples of illegal destruction of dune
vegetation. The dune vegetation is protected by our Comprehensive
Plan for obvious reasons. It is instrumental in stabilizing the dune
system. It provides habitat for endangered species. Its destruction
should be taken very seriously.
The Core Problem-No Serious Enforcement. On individual lots, the
typical scenerio is that code enforcement contacts the property owner
who is often out of state. The property owner claims they didn?t know
they did anything wrong or they say its the the contractor?s fault-they
didn?t authorize the illegal clearing.
The lack of serious consequences also fails to discourage developers
from illegally clear-cutting parcels. The project simply pays a minimal
fine and keeps on building without interruption.
Thus far, there seem to be no serious consequences for breaking an
environmental law in Walton County.
Code enforcement is trying to enforce the laws and they are
responding quickly to citizen complaints. What is required, however, is
a commitment from the county commissioners that the environmental
laws are important and that they will be vigorously enforced against
any violator.
The issue of lack of enforcement of the environmental laws was
discussed at the Planning Commission recently. In reality, restoration
is often inadequate and cannot replace the mature vegetative
community that was illegally cleared. The answer is to stop the
illegal clearing before it happens. The county needs to send a
message.
When a parcel is illegally cleared the county should assess and collect
the maximum fine allowable. The developer or property owner should
be required to establish a restoration and maintenance plan for the
restored area utilizing a professional restoration firm. Funds should be
placed in an escrow account to ensure the plan is funded and
implemented.
One way to discourage illegal clearing is for the contractor who does
the clearing, as well as the owner to bear responsibility. The people
who actually do the clearing are locals. They know what they are
doing. They know they need a clearing permit. One serious fine to a
local contractor would reverberate throughout the county.
One member of the Planning Commission suggested enforcement
could include withholding the CO (certificate of occupancy) until any
required restoration is completed.
The well established lack of consequences for those who break the law
is a disservice to those who follow the law and to the public?s right to
have their laws enforced. County staff are trying to enforce the laws.
The commissioner?s must fully and publicly support that effort against
anyone who violates the law.
What You Can Do. Contact the commissioners and let them know
that you want the environmental laws enforced to the maximum. For
those who illegally clear property, fines should be assessed and
collected, both property owners and contractors should be held
accountable, restoration should be required utilizing a professional
consultant and a long term maintenance plan and the CO should be
withheld until the plan is in place and funded.
South Walton Community Council
Anita Page-Executive Director
Contacts
Commissioner Scott Brannon Commissioner Cindy Meadows
District 1 District 5
brascott@co.walton.fl.us meacindy@co.walton.fl.us
(850) 622-3081 (850) 622-3059
Commissioner Ken Pridgen Commissioner Larry Jones
District 2 District 3
prikenneth@co.walton.fl.us jonlarry@co.walton.fl.us
(850) 834-6328 (850) 892-8474
Commissioner Ro Cuchens Pat Blackshear
District 4 Planning Director
cucro@co.walton.fl.us blapat@co.walton.fl.us
(850) 835-4834
From BMBCA
The issue of vegetation preservation is extremely important and we
desperately need your help in stemming its illegal destruction. There is a
well established lack of consequences for those who break environmental laws
in Walton County. This MUST change. And the county needs to be more
proactive in this change. Vegetation on lots all up and down the Blue
Mountain Beach area and all of 30-A are being mowed down.
The word MUST go out to contractors that this type of activity will not be
tolerated. This can be done though education and with the use of strong
meaningful fines and replanting requirements. Serious consequences must be
put in place. The contractor needs to know if they violate these
requirements the consequences will be more difficult to accept than the
rules.
Strong BOLD language needs to be added to the package that a developer gets when he comes in for a permit. These requirements need to be highlighted verbally by staff and the developer signature needs to verify that they are aware of the requirements.
In instances where the clearing is done before any permit has been applied
for large fines, the maximum allowed, should be mandated and replanting
should be required. These requirements should also apply to those who got a
permit and violated it. ALL fines MUST be collected. The process does not
work if fines are forgiven, as sometimes happens now.
Approved replanting plans MUST be required BEFORE replanting can begin. Stop Work orders should apply until the site has been restored.
Replanting standards should be instituted. The size of trees to be replanted
and the density at which they are replaced should be spelled out. It should
not be left to staff who may want ?to work with the contractor? in restoring
the site. Working with contractors is great but compliance is more
important. Trees should be no less than 6 feet in height and 8 inches in
circumference at the base. Sand live oaks are available in 30 gallon
containers for $285. I am told these trees are about 12-24 feet tall and are
about 2.5" to 3" in diameter. These are available in unlimited quantities
from local dealers.
We have seen developers submit a second environmental study when the first
one showed there were protected species on their land. Of course the second
study states there was nothing on the parcel worthy of protection. There are
issues with allowing developers to hire their own environmental engineers to
determine whether or not there are protected vegetative communities on their
properties. The county should oversee this part of the process and not allow
developers to hire people who will then tell them what they want to hear.
There is conflict of interest in how this is done.
The issue of vegetation preservation is extremely important and we
desperately need your help in stemming its illegal destruction. There is a
well established lack of consequences for those who break environmental laws
in Walton County. This MUST change. And the county needs to be more
proactive in this change. Vegetation on lots all up and down the Blue
Mountain Beach area and all of 30-A are being mowed down.
The word MUST go out to contractors that this type of activity will not be
tolerated. This can be done though education and with the use of strong
meaningful fines and replanting requirements. Serious consequences must be
put in place. The contractor needs to know if they violate these
requirements the consequences will be more difficult to accept than the
rules.
Strong BOLD language needs to be added to the package that a developer gets when he comes in for a permit. These requirements need to be highlighted verbally by staff and the developer signature needs to verify that they are aware of the requirements.
In instances where the clearing is done before any permit has been applied
for large fines, the maximum allowed, should be mandated and replanting
should be required. These requirements should also apply to those who got a
permit and violated it. ALL fines MUST be collected. The process does not
work if fines are forgiven, as sometimes happens now.
Approved replanting plans MUST be required BEFORE replanting can begin. Stop Work orders should apply until the site has been restored.
Replanting standards should be instituted. The size of trees to be replanted
and the density at which they are replaced should be spelled out. It should
not be left to staff who may want ?to work with the contractor? in restoring
the site. Working with contractors is great but compliance is more
important. Trees should be no less than 6 feet in height and 8 inches in
circumference at the base. Sand live oaks are available in 30 gallon
containers for $285. I am told these trees are about 12-24 feet tall and are
about 2.5" to 3" in diameter. These are available in unlimited quantities
from local dealers.
We have seen developers submit a second environmental study when the first
one showed there were protected species on their land. Of course the second
study states there was nothing on the parcel worthy of protection. There are
issues with allowing developers to hire their own environmental engineers to
determine whether or not there are protected vegetative communities on their
properties. The county should oversee this part of the process and not allow
developers to hire people who will then tell them what they want to hear.
There is conflict of interest in how this is done.
SHELLYSHELLYSoWal Insider5,763 postsJoined View profileMessageSoWal Insider
SHELLYSoWal Insider5,763 postsJoined View profileMessageSoWal InsiderDevelopers have come to expect that it is far easier (and less costly) to ask forgiveness than to ask permission. Until the politicos bring the hammer down HARD on one of these violators and hang out the carcass for all to see, this destruction will be the norm for years to come.
Checking your forum account
Please wait while we verify your forum account.