Title: Letter of Land Use and Water Planning Task Force Subcommittee Meetings Of June 20, 1994
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Title: Letter of Land Use and Water Planning Task Force Subcommittee Meetings Of June 20, 1994
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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 - Letter of Land Use and Water Planning Task Force Subcommittee Meetings Of June 20, 1994 (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 29
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004392
Volume ID: VID00001
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STATE OF FLORIDA

office of te (stsrerner

THE CAPITOL
TAILAHASSEE, FLORIDA 32399-0001 R E IV E D
LAWTON CHILES
GOVERNOR

June 14, 1994 lake Jrh 51994
T:ids "Talandssee


TO: Members, Land Use and Water Planning Task Force
FROM: Teresa B. Tinker
Policy Coordinator, Growth Management and Strategic Planning Policy Unit

The next meetings of the State Issues and Regional Issues Subcommittees of the Land Use and Water
Planning Task Force are scheduled for Monday, June 20, 1994, at the Hyatt Regency Orlando
International Airport, Orlando, Florida, from 9:00 a.m. until 4:00 p.m.

Joint Meetings of the State and Regional Subcommittees

The State and Regional Issues Subcommittees will meet jointly on Monday, June 20, from 9:00 a.m. until
10:30 a.m., in the Mirabel Room at the Hyatt Regency Orlando International Airport, Orlando, Florida.
At 10:30 a.m., the State and Regional Subcommittees will break into individual subcommittee meetings at the
following time and locations:

Regional Issues Subcommittee will meet from 10:30 a.m. to 4:00 p.m. in the Mirabel Room.

State Issues Subcommittee will meet from 10:30 a.m. to 4:00 p.m. in the Kaitak Room.

The EAR Subcommittee will not meet on this date.
The Meeting Agenda is enclosed as well as a copy of the recommendations to be presented at the joint meeting
of the State and Regional Subcommittees.

July 8, 1994, is our next scheduled date for the full Task Force to meet. This meeting will be held in
Pensacola, Florida, at the Pensacola Junior College.
I look forward to seeing you on the 20th. Please call me at (904) 488-7793 if you have any questions,
comments or concerns about the upcoming meeting or the enclosed agenda.







Land Use and Water Planning Task Force Subcommittee Meetings


June 20, 1994
9:00 a.m. 4:00 p.m.
Hyatt Regency Orlando International Airport
Mirabel and Kaitak Rooms
9300 Airport Boulevard
Orlando, Florida


AGENDA


9:00 a.m. 10:30 a.m.


Joint Meeting of the Regional and State Subcommittees -
Mirabel Room


* DEP/WMD/RPC Recommendations

SUBCOMMITTEE MEETINGS


10:30 a.m. 4:00 p.m.


4:00 p.m.


REGIONAL ISSUES SUBCOMMITTEE Mirabel Room

STATE ISSUES SUBCOMMITTEE Kaitak Room

Lunch breaks for the subcommittee meetings will be determined
by the Chairs. Lunch will be on your own.

Adjourn (Subcommittees may adjourn before 4:00)






V^ Florila Department of

Environmental Protection


e Marjory Stoneman Douglas Building
Law ,in (Chi..- 3900 Commonwealth Boulevard iin,,i,, ,.,,.,
(,,,'rnr Tallahassee. Floriida 32399-3000 s.r.,

June 13, 1994



Ms. Victoria J. Tschinkel, Chair
Task Force on Land Use and Water Planning
Landers and Parsons
P. O. Box 271
Tallahassee, Florida 32301

Dear Vicki:

The Task Force is addressing difficult issues that are both long-standing and complex.
While the growth management process in this state still needs improvement, it has
made important advances during the last two decades. The Task Force can build on
these achievements.

In an effort to assist the Task Force, the Department of Environmental Protection, the
Water Management Districts, and the Regional Planning Councils have worked together
to formulate substantive recommendations for you to consider. Our diverse set of
agencies was able to reach full agreement on many important matters. There is a sub-
set of issues, dealing with local governments, for which only the Department and the
Water Management Districts are making recommendations at this time. Both sets of
recommendations are enclosed for your information.

We also would be pleased to discuss any of our recommendations with the Task Force.

Sincerely,


Virginia B. Wetherell
Secretary


Enclosures
cc: Task Force Members
Honorable Lawton Chiles
Honorable Buddy MacKay
Executive Directors, Water Management Districts
Executive Directors, Regional Planning Councils


Printed on rlerlIfd japi".











RECOMMENDATIONS

TO THE

TASK FORCE ON

LAND USE AND WATER PLANNING



FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
SUWANNEE RIVER WATER MANAGEMENT DISTRICT

APALACHEE REGIONAL PLANNING COUNCIL
CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
NORTH CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
NORTHEAST FLORIDA REGIONAL PLANNING COUNCIL
SOUTH FLORIDA REGIONAL PLANNING COUNCIL
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
TAMPA BAY REGIONAL PLANNING COUNCIL
TREASURE COAST REGIONAL PLANNING COUNCIL
WEST FLORIDA REGIONAL PLANNING COUNCIL
WITHLACOOCHEE REGIONAL PLANNING COUNCIL


JUNE I 3, 1994












Preface


These recommendations are the product of collaboration between the Department of
Environmental Protection, the Water Management Districts, and the Regional Plan-
ning Councils. They are presented as recommendations of the executive offices of
these agencies to assist the Task Force on Land Use and Water Planning in their
deliberations. The agencies are committed to working with the Task Force to refine
these recommendations and develop specific rule and statutory revisions necessary for
their implementation.



Introduction

Since the Water Resources (Ch. 373, F.S.), Local Government Comprehensive Plan-
ning (Ch. 163, F.S.), and Land and Water Management (Ch. 380, F.S.) Acts were
created in the early 1970's, land and water planning and permitting activities have
remained largely disconnected. Major revisions to the land use planning act have
been implemented with the growth management initiatives of the mid-80's and into
the 90's. Water planning requirements have been bolstered within this system as
detailed in Chapters 163 and 186, F.S. Additionally, the State Comprehensive Plan
(Ch. 187, F.S.) contains extensive goals and policies related to water.

However, implementation of several key aspects of integrated water planning has
remained deficient. The Department and water management districts have concen-
trated on carrying out a variety of other complex statutorily-assigned duties, ranging
from various categories of permitting to land acquisition to construction projects. In
part, the inadequate implementation of integrated planning has been due to the
scarcity of overall Department and district plans or policies (with the exception of
State Water Policy). In some cases, this deficiency can be ascribed to lack of funding
to accomplish formal planning initiatives. Nonetheless, informal coordination,
sharing of technical information, and formal review and comment activities have
achieved substantial results. Structural linkages exist, but their use has not been
fully tested.

In late 1994, the water management districts will complete District Water Manage-
ment Plans and the Department of Environmental Protection is making progress on
the development of the related Florida Water Plan. The DEP, in cooperation with the
water management districts, has also begun to develop and implement the concept of
ecosystem management. The Land Use and Water Planning Task Force is making a
careful evaluation of the potential for using existing linkages in the growth manage-









ment system with the new plans to determine whether additional or more explicit
linkages are warranted.

Recommendations on the content, effect and adoption procedures for various compo-
nents of water planning follow. Recommendations are presented for each water-
related plan currently required to be completed at the State, regional and local gov-
ernment level. Some of these recommendations will require development of specific
statutory language to implement. Fundamental to these recommendations is the
distinction between, on the one hand, planning activities and, on the other hand,
rules adopted according to Chapter 120, F.S.

Planning activities are undertaken to identify issues and resources, develop imple-
mentation strategies to address these issues, and provide direction for agency pro-
grams. Rules are developed specifically for the purpose of affecting the actions of
others and are thus one tool to implement plans and bind the adopting agency as well
as affected parties.

Implementation of these recommendations will require additional work to develop
specific language and to determine how best to phase in the new requirements. It is
recognized that fiscal limitations may limit the speed and degree to which several of
these recommendations can be implemented. Funding limitations will require flexible
approaches throughout the State. It is not intended that these recommendations
result in requirements for new expenditures of funds by local, regional or state gov-
ernmental agencies based solely on their content; rather, it is intended that existing
requirements be better defined and integrated.










Florida Water Plan


The Florida Water Resources Act (Chapter 373, F.S.) has required a "State Water Use
Plan" and a "Florida Water Plan" since its creation in 1972. (The Florida Water Plan
is defined in Section 373.039, F.S., as the combination of the State Water Use Plan
and state water quality standards.) The initial process of developing the Plan was
transformed in 1981 into the initial adoption of Chapter 17-40, F.A.C., "State Water
Policy." The State Water Use Plan was first created in 1986. The Department of
Environmental Protection intends to develop the Florida Water Plan by November 1,
1995.

The water management districts are directed to assist the DEP in the development of
the "State Water Use Plan." It is anticipated that much of the content of the District
Water Management Plans will be used by the DEP in the preparation of the Florida
Water Plan.

Regardless of administrative structure, there will always be a need for planning and
managing Florida's increasingly threatened water resources. The existence of a
formal "Water Plan" allows deliberative attention to the multiple problems of water
management in the country's fourth most populous state. It also allows an oppor-
tunity for public participation in the formal process of planning for our water future.
Consequently, the statutory requirement for the DEP to prepare a Florida Water
Plan should be retained.

It is recognized, however, that the current statutory requirements for a "State Water
Use Plan," a "Florida Water Plan," and a "State Water Policy" is needlessly complex
and confusing.

Recommendations:

(1) Revise statutory provisions related to the development of the Florida Water
Plan by eliminating Section 373.039, F.S., and updating Section 373.036, F.S., to
require a Florida Water Plan (eliminating the term State Water Use Plan) and to
specify the contents of the Florida Water Plan.
Wftr ALULr
The Florida Water Plan should be developed to provide guidance for water man- Lont 6v'T
agement in the State with particular applicability to the DEP and the WMDs in
their water programs. The DEP and the water management districts should col-
laborate to ensure proper integration of the Florida Water Plan and the District
Water Management Plans.

Specific components of the Florida Water Plan which are intended to have a
binding effect on other entities should be adopted by rule.










State Water Policy (Chapter 17-40, F.A.C.)

The State Water Policy rule is a primary guidance tool for the Department in imple-
menting the statutory requirements of Chapters 373 and 403, F.S. First created in
1981, major amendments were adopted by the Environmental Regulation Com-
mission in December, 1993. The Legislature postponed the effective date of the
amendments until July 1, 1995 and asked the Task Force to "make recommendations
to the 1995 Legislature on the mechanisms and procedures for establishing and
amending water policy."

Recommendations:

(2) Continue to recognize that fundamental water policy is set by the Legislature.

(3) Continue to require the Department to interpret the general water policy ex-
pressed in state law via the adoption of the State Water Policy rule.

(4) Maintain the requirement for WMD rules, plans and programs to be consistent
with the State Water Policy.


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District Water Management Plans


District Water Management Plans are being prepared by each of the five WMDs and
will be completed by November 1, 1994. Although not specifically named in statute,
these plans are being prepared under the direction of the DEP in accordance with the
statutory directive for the DEP to prepare the State Water Use Plan and the WMDs
to assist the DEP. The purpose of these plans, as specified in State Water Policy,
Chapter 17-40, F.A.C., is to identify specific geographic areas where water resource
problems exist or are anticipated and to specify remedial or preventative actions to
address those problems. The plans are not to be self-executing; that is, implemen-
tation of the initiatives in the plans require a separate rule or action of the WMD.
The role of the plans is to provide guidance to water management district programs
and to inform local governments and the public.

Local governments currently have numerous consistency requirements for their com-
prehensive plans. Creating a new consistency requirement with the District Water
Management Plans themselves, which are designed as guidance documents for water
management district programs, is not warranted.

Recommendations:

(5) Give District Water Management Plans statutory recognition in Chapter 373,
,-. F.S. Statutory revisions should include requirements for public input, regular
District evaluations of plan implementation, periodic updates and a process for
DEP review. The plans should provide guidance to the WMDs, be consistent with
the State Comprehensive Plan and include identification of regional water
resources, issues, policies, implementation strategies and schedules for address-
ing these, and provisions for intergovernmental coordination.

pS sich (6) Require that District Water Management Plans should be accepted by the
Governing Board, not adopted by rule. Components of the plans which are
Intended to have binding effect on other entities should be adopted by rule.










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-7











Technical Assistance


The water management districts are required in Section 373.0391, F.S., to provide
technical assistance to local governments to support local government comprehensive
planning. This section, adopted in 1989, directs the WMDs to provide local govern-
ments a large menu of water related information. Additionally, other sections of
Chapter 373, F.S., specifically require various technical reports including evaluations
of ground water availability and identification of recharge areas. The quality of these
data submittals bears a large impact on the degree to which land and water planning
are integrated. Local governments are required to use the "best available infor-
mation" in their plans and, in many instances, data and analysis provided by the
WMDs will constitute that.

The water management districts should place high priority on providing adequate
technical information for local governments and other parties on many subjects.
Local government comprehensive plans should regard the technical information in
district water management plans as the best available information related to water
resources, unless more accurate, locally specific information is available. Recognition
should be given, however, to the fact that the level of technical information provided
will vary significantly according to funding and related technical capabilities of indi-
vidual Water Management Districts.


Recommendations:

(7 Consolidate provisions of Sections 73.036, .0391, and .0395 F.S., that
require the water management districts to prepare plans, provide technical assis-
tance to local governments, map recharge areas, etc., in one section requiring
technical assistance to local governments. Include direction to the Districts to
provide information in a format and at the times necessary to meet the planning
needs of local governments.


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Strategic Regional Policy Plans


An important way to promote linkages between plans could be through common
identification of issues. For example, the District Water Management Plans
(DWMPs) are to identify "regionally significant water resource issues and problems"
and the Strategic Regional Policy Plans (SRPPs) are to identify "natural resources of
regional significance." The two approaches may be very similar.

Further consistency could be promoted by requiring a linkage between these two
initiatives. Strict requirements for consistency, however, may create problems with
respect to the RPCs decision-making process (adoption requires a two-thirds majority
of their membership) and with the separation of powers between the districts and the
councils. It is believed that informal cooperation will yield more favorable results in
these designations.

The Regional Planning Councils concur in this recommendation.

Recommendations:

(8) Require the water management districts to submit an advisory report to each
appropriate Regional Planning Council, including maps of Natural Resources of
Regional Significance related to water resources, as well as recommended
policies for protection of those water resources. The WMDs may also submit
separate advisory reports, including maps, on Facilities of Regional Significance.




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ADDITIONAL RECOMMENDATIONS

TO THE

TASK FORCE ON

LAND USE AND WATER PLANNING

qP Pir:b WtI Cvolwo.
l4t5 (ZToMWlAetEJDnoU S.

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
SUWANNEE RIVER WATER MANAGEMENT DISTRICT


JUNE 13, 1 994









Local Government Comprehensive Plans


Local governments currently are required to address multiple water-related issues
within their comprehensive plans. Chapters 163, F.S., and 9J-5, F.A.C., include
requirements for local governments to address water supply, wellhead and recharge
area protection, flood protection, and protection of wetlands and other important
natural resources. Areas where uncertainty exists for whether these requirements
will achieve effective linkage of land and water planning include: stormwater quality
within the drainage Level Of Service, consideration of water availability from a
resource perspective as opposed to merely a facilities evaluation, and the extent of
water conservation and reuse requirements.

One key opportunity for linking land and water programs is through the regulatory
programs of the respective agencies and local governments. Local governments have
the responsibility and authority for land use regulation and the WMDs have the
exclusive authority for allocating water resources through the consumptive use per-
mitting program. It would be beneficial to have a mechanism for ensuring each of
these authorities is honored in related permitting activities of the other agencies.

Recommendations:

(1) Revise local government comprehensive plan minimum criteria to include
requirements to address stormwater quality, availability of raw water for supply,
Potential for reuse of reclaimed water and to strengthen existing water conserva-
tion requirements.

(2) Revise local government comprehensive plan minimum criteria to include the
minimum acceptable wellhead protection measures as developed and adopted by
the DEP.

(3) Include a provision in the requirements for local government comprehensive
f W plans that water-related goals, objectives, policies or other components of the
7 plans shall b ompatibie(i.e., not in conflict) with adopted SWIM Plans and
COIB'II4ff specified rules (those with applicability to local planning programs) of the water
management districts and the DEP.

(4) Amend Environmental Resource Permit statutory provisions to require appli-
cants to obtain certification from the appropriate local government that proposed
activities are consistent with the designated future land use of the Local Govem-
ment Comprehensive Plan prior to DEP or WMD consideration of an Environ-
mental Resource Permit application.




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