Title: Select Committee on Growth Management, Staff Analysis, April 26, 1983, PCB 83-5 (Relating to Coastal Barrier Protection)
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Title: Select Committee on Growth Management, Staff Analysis, April 26, 1983, PCB 83-5 (Relating to Coastal Barrier Protection)
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Select Committee on Growth Management, Staff Analysis, April 26, 1983, PCB 83-5 (Relating to Coastal Barrier Protection) (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 17
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004194
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
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GM/STA-006


SELECT COMMITTEE ON GROWTH MANAGEMENT

STAFF ANALYSIS

April 26, 1983


BILL NUMBER: PCB 83-5

COMPANION/SIMILAR: None

RELATING TO: Coastal Barrier Protection




I. SUMMARY

A. Present Situation

Coastal barriers are geologic features such as islands
and peninsulas which lie in the tidal waters of the state of
Florida. As is indicated by their name, coastal barriers
serve important protective functions. They protect the
mainland and other important geologic features such as
estuaries and bays from the direct action of the winds and
waves of storms.

Between 1970 and 1980, Florida's coastal counties
absorbed over 72% of the state's population growth and much
of this population growth occurred on coastal barriers. This
has caused problems. Because coastal barriers retreat or
change configuration due to wind and wave action, the beach
between structures may erode. State expenditures for erosion
control on beaches (exclusive of federal or local contributions)
was over $7 million in fiscal year 1981.

Complete population evacuation in the twelve hour
warning period that the National Hurricane Center can give
before landfall of a hurricane has become impossible in many
coastal barrier areas. Reconstruction costs after a major
hurricane could be enormous. A relatively minor storm which
hit Florida's southwest Gulf Coast in June, 1982 cost the
state $1 million in relief and damage repair. When Hurricane
Frederick hit the Alabama coast in 1979 over $2 billion of
disaster relief funds were paid. Because coastal barriers
serve as the first line of defense against storm action,
structures on coastal barriers are likely to receive the
most damage in the event of a storm. Coastal barriers often
are adjacent to environmentally sensitive areas and runoff
from the barriers often pollutes important shellfish
harvesting areas and estuaries.








On September 4, 1981, the Governor issued Executive Order
81-105, which required that state funds would not be used to
subsidize growth in hazardous coastal barrier areas. This
executive order has caused confusion among state agencies and
has not resulted in a limitation on state expenditures on coastal
barriers. It should be noted that the United States Congress has
enacted a federal law that is similar to this bill in the sense
that it limits federal expenditures on undeveloped coastal
barriers. [11 U.S.C. 3501 (1982) (The Coastal Barrier Resources
Act)].

B. Probable Effect of Bill

The bill defines coastal barriers as those barrier
islands, barrier peninsulas, and barrier spits which lie in
or adjacent to marine waters. The landward boundary of the
barrier spits and peninsulas is a line 2500 feet landward of
the coastal construction control line.

Special construction design standards are established
which would require structures on coastal barriers to with-
stand the wind and wave forces associated with the 100-year
storm event and which would help inhibit erosion caused by
construction. Beach walkover structures are required where
pedestrian traffic is likely to result in damage or alteration
to dunes and existing vegetation. Vehicular traffic on
coastal barrier dunes is prohibited except for vehicular
traffic necessary for clean up, repair or public safety.
Vehicular traffic is also prohibited on the foreshore (the
area between mean high tide line and mean low tide line),
except in areas where the local government has permitted it
by a majority vote of its governing body.

A twelve hour standard based on the maximum time in which
the National Hurricane Center can predict the landfall of a
hurricane is established. Development which would preclude
the safe evacuation of persons on coastal barriers or which
would increase the numbers of persons who cannot be safely
evacuated within this twelve hour period is prohibited. Also,
the regional planning agencies are directed to assist local
government in the development of building codes and plans
which would implement this standard.

In areas where the public has established a legal right
of access to the beaches, this access may not be impaired.

Local governments are directed to amend their building
codes to include the standards and prohibitions established
in the bill and are directed to enforce these standards. The
Department of Natural Resources will review the building codes
to assure that the codes implement the standards. If the
Department of Natural Resources finds that local government's
building code will not insure enforcement of the standards
found in the bill, it may disapprove the code. If this is
done, the local government will no longer be eligible for
state disaster relief funding or erosion control and beach










preservation funding. The Department of Natural Resources may
also enjoin and levy fines on persons who violate the standards,
even in cases in which the local government has approved the
particular project.

The Department of Community Affairs is directed to develop
land use maps depicting all coastal barriers and to delineate
undeveloped areas of coastal barriers. The bill states that
lands on coastal barriers which fall into the general land use
classifications of rangelands, forestlands, agricultural lands,
wetlands, and barren lands shall be the undeveloped coastal
barriers. Person who, by November 1, 1983, have received a
development of regional impact approval from the local government,
who have undeveloped lands that are part of a phased development,
who have lands with privately financed infrastructure on them,
or who have lands that are not appropriately classified as
undeveloped may petition the Department of Community Affairs to
have these lands designated as lands that are not undeveloped.
The bill prohibits the expenditure of state funds for building
or maintaining transportation projects and water and sewer
projects on the undeveloped coastal barriers, except for bridges
necessary to the evacuation of persons on coastal barriers.


II. FISCAL IMPACTS

A. State Government

An appropriation of $370,040 ($192,475 for fiscal year
1983-4 and $177,565 for fiscal year 1984-5) is made to the
Department of Natural Resources for the purpose of reviewing
the codes of the local governments and enforcing the require-
ments of the act.

B. Local Government

Local governments are required to adopt standards in their
building codes which would implement the requirements of the
act. It is not known what the cost of such building code changes
might be.

C. Private Sector

Persons wishing to develop or construct structures on
coastal barriers would have increased costs relative to the
failure of the state to expend funds for infrastructure on
undeveloped coastal barriers and increased construction costs
due to the construction standards mandated in the bill.










III. GROWTH IMPACT


SA. Overall Impact

This bill would manage in such a way the development and
construction on undeveloped coastal barriers to provide better
protection for a fragile environment and the inhabitants of the
coastal barriers by limiting state funded infrastructure and by
establishing a twelve hour evacuation standard to be implemented
by the local governments. The bill would also help assure that
continued growth and development is appropriately designed and
located on the coastal barriers.


Analysis prepared by: Dana D. MinervaAi4''/r

Staff Director's review: George H. Meier -
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