Title: Draft Outline - Land Use and Water Planning Task Force Report and Recommendations as of March 17, 1994
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 Material Information
Title: Draft Outline - Land Use and Water Planning Task Force Report and Recommendations as of March 17, 1994
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Draft Outline - Land Use and Water Planning Task Force Report and Recommendations as of March 17, 1994 (JDV BOX 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 43
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004406
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
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DRAFT Outline FOR DISCUSSION PURPOSES ONLY
as of March 17, 1994
Land Use and Water Planning Task Force
Report and Recommendations




I. PURPOSE

A. Problem Statements
February -
March B. Charge to the Task Force
Legal relationship between district water management plans, strategic regional policy
plans, local government comprehensive plans, state comprehensive plan.
Future role and scope of the state water use plan
Options for integrating/coordinating translational plans -- water use plan, land
development plan, transportation plan.
Status/relationship between natural systems and water resource management



II. FLORIDA'S PLANNING PROCESS EXISTING LINKAGES

March A. Identify existing linkages, both formal and informal
May 1. Substance
2. Legal status of plans (adoption process)
3. Legal effect How do the plans have to be considered in other planning and regulatory
activities? (Regulation versus information)
4. Timing (Coordinated Plan schedules, Proactive versus reactive planning)
5. Adequacy of linkages


III. OPTIONS
June -
August A. Identify options for creating/strengthening linkages
(See attached list of options identified at previous Task Force meetings)
B. Evaluate the Appropriateness and Adequacy of Identified options, including
any statutory amendments that would be necessary


August- _IV. RECOMMENDATIONS
September


* Added language is underlined








DRAFT Outline FOR DISCUSSION PURPOSES ONLY


Land Use and Water Planning Task Force
Report and Recommendations



V. APPENDIX FLORIDA'S PLANNING PROCESS

A. State Planning

1. State Comprehensive Plan/Growth Management Portion
a. Purpose and effect
b. Source and use of data and information
c. Existing linkages required by statute
d. Existing informal linkages
e. Opportunities

2. Water Use Plan
a. Same as above

3. Land Development Plan
a. Same as above

4. Transportation Plan
a. Same as above

5. Others need to identify
a. Same as above

B. Regional Planning

1. Strategic Regional Policy Plans
a. Purpose and effect
b. Source and use of data and information
c. Existing linkages required by statute
d. Existing informal linkages
e. Opportunities

2. District Water Management Plans
a. Same as above

3. Others need to identify
a. Same as above

C. Local Planning

1. Local Government Comprehensive Plans
a. Purpose and effect
b. Source and use of data and information
c. Existing linkages required by statute
d. Existing informal linkages
e. Opportunities








DRAFT Outline FOR DISCUSSION PURPOSES ONLY

Land Use and Water Planning Task Force
Report and Recommendations




Options Identified by the Task Force


A. Identify and evaluate options for creating/strengthening linkages
(advantages and disadvantages; statutory amendments)
1. Provide consistency linkage between the district water management plans and the
strategic regional policy plans
identification of regional areas of environmental significance
2. Improve coordination between water management districts' regulatory authority and
local government comprehensive plans
determine legal status of the district water management plans
DWMP and EAR process
Consumptive Use Permits and Local Government Comprehensive Plan link
3. Improve technical assistance provided by state and regional agencies to local
governments for comprehensive planning
4. Provide for the state planning process to resolve conflicts between transportation,
water and land use planning
5. Require consistency between district permitting activities and the district water
management plans
6. Increase citizen understanding of planning issues
7. Remove regulatory duplication between state, regional and local authorities
8. Retain Flexibility
9. Don't limit development due to water
10. Improve CIP
11. Improve water related issues in the ICE need mechanism to resolve conflicts between
WMD/RPC/WSA
12. Will DWMPs provide GIS, specific data and information?
13. Does the Task Force want to get into water allocation issues?
14. Land use should conform with available water
15. Water management districts should say where the water is located and not dictate
local government land use decisions
16. Look at agriculture
17. Develop clear natural systems voice in land use and water planning
18. Develop economic mechanisms







DRAFT Outline FOR DISCUSSION PURPOSES ONLY


Land Use and Water Planning Task Force
Report and Recommendations



Options Identified by the Task Force
By Theme


1. Adequacy of the State's planning process in providing direction to address issues
and resolve conflicts
A. State Comprehensive Plan/Growth Management Portion
B. Integration/coordination of the State's Translational Plan's
Florida Transportation Plan
State Water Use Plan
State Land Development Plan

2. Integration/coordination of regional agencies and plans
A. Water Management Districts and District Water Management Plans
Regulatory functions
Legal status of plans
Consumptive Use Permits
B. Regional Planning Councils and Strategic Regional Policy Plans
C. Metropolitan Planning Organizations and Transportation Plans
D. Process to resolve conflicts or inconsistencies

3. Data and Information
A. Availability, timeliness and adequacy of data and information
B. Who is responsible for providing and interpreting this information
C. Technical Assistance
D. Local Government Flexibility

4. Inconsistencies between local plans and process for resolving conflicts

5. Expectations of the Evaluation and Appraisal Reports Process

6. Public Awareness/Participation

7. Eliminate regulatory duplication between state, regional and local authorities





>* W LC41y PC) 116 P PiLA5

2. Qs/ouAt W-.


4. CoUUtCPTIye USb/





Attachment 1
Existing Land And Water Planning Consistency Linkages


.;:L- .. r.. ;. -,' j.
:Local Government Land Development
-. .* :,.T.'. i Comprehensive Plans .- Regulations
;. ,-s.s. s 163.3174(1), F.S. s. 163.3202, F.S. ,i. :
.' ;: : s. 163.3177(9)(c), F.S. s. 163.3194(1)(a), F.S.
.... ; '-'..;^ ,-, ; ".;' : "'. '. ...: r,,-., r, ;. ,.,..,; .4.'. '
.r-rT;...h A n
Translational Plans
*1 The Florida Water Plan will consist of all or appropriate sections of the State Water Use Plan, State Water Quality Standards, State Water
Classification, DEPs Water Management Plan, and the District Water Management Plans (November 1995).
NOTE: All references to Chapter 17-40, F.A.C., are to the proposed December 1, 1993 version.











STATE LAND DEVELOPMENT PLAN (SLDP)

* SLDP IS A STATUTORILY ESTABLISHED AGENCY PLAN

* SLDP IS DEVELOPED BY DCA, WITH GUIDANCE FROM THE GOV. OFFICE

* SLDP TRANSLATES THE SCP INTO SPECIFIC LAND DEVELOPMENT POLICIES

* SLDP IS STATUTORILY NOT TO BE ADOPTED BY RULE

* SLDP WAS LAST REVISED MARCH 1989; NEXT REVISION DUE JUNE 1994

* SLDP IS TO BE CONSIDERED IN PREPARATION OF OTHER PLANS:
1 Growth Management portion of the SCP
2 New Strategic Regional Policy Plans

* SLDP IS PRINCIPALLY USED FOR THE DRI & FQD REVIEW PROGRAMS:
1 Serves as policy basis for review, approvals & appeals
2 Policies are further implemented through specific rules







MAJOR SLDP ROLES IN THE DRI REVIEW PROCESS

* Regional Planning Councils are to make recommendations to local
governments on Developments of Regional Impact (DRI) based upon
the extent to which the development will have a favorable or
unfavorable impact to state or regional resources or facilities
identified in the SLDP [380.06(12)(a), FS].

* In approving or denying a DRI, a local government is to consider
whether, and the extent to which, the development would
unreasonably interfere with the achievement of the objectives of
the SLDP, and include in the resulting DRI development order
Findings of Fact and Conclusions of Law consistent with this
determination [380.06(14)(a) and (15)(c), FS].

* In appealing a local government's DRI development order, DCA
includes in its appeal petition the manner in which the
development order's approval or denial is inconsistent with the
SLDP (NOTE: Appeal also addresses SCP, SRPP/CRPP & LGCP issues).

* Once the DRI process is terminated for most local governments
(circa 1996-1997), DCA can continue to appeal local government
development orders for projects that otherwise would have been a
DRI based upon the local government's development order
inconsistency with the SLDP or the development order resulting in
inadequately mitigated adverse impact to state or regional
resources identified in the SLDP [380.07(3), FS].










SLDP CHAPTER 161, 373 & 403 APPEAL RESTRICTIONS

NOTE:
If an appeal is filed with respect to any issues within the scope
of a permitting program authorized by Chapter 161, 373, or 403,
and for which a permit or conceptual agency review approval has
been obtained prior to the issuance of a development order, any
such issue must be specifically identified in the notice of
appeal.

The appeal may then proceed with respect to these issues only
after the Governor and Cabinet (acting as the Florida Land & Water
Adjudicatory Commission) determines by majority vote that
statewide or regional interests may be adversely affected by the
development. In making this determination, there shall be a
rebuttable presumption that statewide and regional interests
relating to these permitting issues are not adversely affected.







EXAMPLES OF SLDP "WATER" POLICY ISSUES RAISED IN DRI/FQD REVIEWS

WATER SUPPLY PROTECTION

POLICY 37(2) Through land development planning, ensure that
development activities do not impair the function of high or
regionally significant recharge areas, and limit roads and other
impervious surfaces and watershed alterations that reduce the
availability and flow of good quality water to recharge areas.

POLICY 37(6) Allow development to occur only when adequate water
supplies will be concurrently available to serve such
development without adversely affecting local or regional water
sources.

POLICY 38(4) Ensure that development does not contaminate or
deplete aquifers through degradation of water resources,
restriction of water recharge, encouragement of salt water
intrusion or damage to the physical, chemical or biological
integrity of the aquifer system.

POLICY 38(8) Restrict the approval of new development that would
withdraw water onsite or receive water from an existing source
in areas that is experiencing salt water intrusion into its
potable water supply source.







FLOOD PROTECTION
POLICY 39(1) Avoid the creation of structures that are likely to
be damaged by flooding by keeping buildings out of the most
frequently flooded areas and by requiring buildings in less
frequently flooded areas to be elevated or designed so damage
will be minimal.

POLICY 39(2) Avoid interference with the beneficial functions of
wetlands, floodplains and floodprone lands including: storage;
floodwater conveyance; groundwater recharge; maintenance of
minimum water flows, levels, and quality; and habitat for fish
and wildlife.

POLICY 39(14) Require that land use decisions address the
secondary and human-related impacts of development on floodplain
management and ensure that such secondary impacts do not
adversely impact riverine or wetland systems.







WATER QUALITY PROTECTION

POLICY 38(3) Prohibit or severely limit activities which
discharge pollutants that could negatively impact public
wellfields, high recharge areas, and areas designated as future
water supply sources.

POLICY 38(6) Require the best available wastewater technology be
employed for new development that would discharge into Class I
or II waters, Outstanding Florida Waters, aquatic preserves, or
environmentally sensitive aquatic or marine habitats.

POLICY 51(15) Restrict septic tanks usage in areas likely to be
inundated by a 100-year flood event.

POLICY 54(9) Restrict mining activities from the 100-year
Floodplains of significant waterbodies.






NATURAL SYSTEMS MANAGEMENT

POLICY 39(11) Avoid development that interferes with minimum
water flows and levels necessary to provide full protection of
natural ecosystems.

POLICY 43(11) Avoid further degradation of the Kissimmee River-
Lake Okeechobee-Everglades ecosystem.

POLICY 44(9) Prohibit development that would would have a
direct, or through associated human-related activities, an
indirect, adverse impact on significant populations or habitats
of endangered or threatened species.

POLICY 45(9) Ensure that land development planning and review
procedures provide for the protection of wildlife and natural
systems.

















Land Use and Water Planning 'Tazsk Force Meeting


March 21, 1994








RelaIonship of Florida's Tnoation [lanning P to

Florida's In r Pa i Faeo r k


Stt GrwhPliisRlae o
SLand Dev
.ArQai


PAN


STRATe [~iEGIC~I.
REIOA POIC


'3


I'


I





FP
0~~~ 0 00


Establish
Future Directions


I '


Develop
Florida Transportation Plan


H


9-


F-Step 3


Develop
Regional and Local Plans


Adopt
Programs and Budgets


Provide
Facilities and Services


I


2 .


Step 1. 1


Step 2. 1


I : 1/j -


Step 4. 1


Step 5




a
9 Overview

9 Review nearly 500 existing plans

e Review land use elements of Local
Government Comprehensive Plans

* Document current trends and
forecast future conditions


























I Lq.


Exmn rasottonplce


Propse nw police if pproriat







SFort to r


Ai




Adocvt-ed; sis-t\Z effq t 'da

1VA4 C4NGE6 Tro q9T
*M Om&sC t 17 /ALUA1-ioJ
plan;
4. The countrywide marina siting plan for participating
local governments in the coastal area;
4_. Required maps showing future conditions; end
56. A copy of the local comprehensive plan adoption
ordinance at such time as the plan is adopted-; and
7. Intergovernmental coordination processes.
(1) No change.
(d) No change.
(2) (6) No change.
(7) Monitoring and Evaluation Requirements. For the
purpose of evaluating and appraising the implementation of the
comprehensive plan, each comprehensive plan and each deepwater
port master plan shall contain a section identifying five-year
monitoring, updating and evaluation procedures to be followed in
the preparation of the required five-year seven-, ten- and/or
twelve-year evaluation and appraisal reports as described in Rule
9J-05.0053. That section shall address:
(a) A description of the public participation process used
by the local government in preparing the report;
(a) Citizen participation in the proeessy
(b) No change.
(c) Accomplishments in the first five-year, seven-, ten-.
or twelve-year reporting period, describing the degree to which
the goals, objectives and policies have been successfully
reached;
(d) No change.
(e) New or modified and reformulated goals, objectives, or
policies needed to correct discovered problems; and
(f) No change.
jgj The extent to which unanticipated and unforseen
problems and opportunities occurred between the date of adoption
and the date of the report;
(h) The effect on the comprehensive plan of changes to:
Chapter 187. F.S.. the state comprehensive plan Chapter 163.
Pt.II. F.S.; the minimum criteria contained in Chapter 9J-5.
F.A.C.; and the appropriate strategic regional policy plan;
.li the major problems of development, physical
deterioration, and the location of land uses and the social and
economic effects of such uses in the area;
ilU The identification of any actions that are taken or
need to be taken to address the planning issues identified in the
report; and
I(k Proposed or anticipated plan amendments necessary to
address or implement the identified changes.
(8) Procedural Requirements. Comprehensive plans, plan
elements, and plan amendments shall be considered, adopted and
amended pursuant to the procedural requirements of Sections
163.3161 -- .3215, F.S., including but not limited to the
following:
(a) through (h) No change.
Specific Authority 163.3177(9), (10) F.S.









Law Implemented 163.3167(2), (3), (4), 163.3171, 163.3174,
163.3177, 163.3178, 163.3181, 163.3184, 163.3187, 163.3191 F.S. (
History--New 3-6-86, Amended 10-20-86, 11-22-89,. .
9J-5.0053 Procedure for the Transmittal and Review of Local
Government Comprehensive Plan Evaluation and Appraisal Reports
and Evaluation and Appraisal Amendments.
(1) PURPOSE AND INTENT. It is the intent of the
Legislature that each unit of local government required to adopt
a comprehensive plan pursuant to Chapter 163. Part II. F.S.,
periodically update its comprehensive plan through the
preparation and adoption of an evaluation and appraisal report
(EAR) and adoption of an evaluation and appraisal report-based
plan amendments in accordance with Section 163.3191. F.S. This
Rule establishes the procedures and criteria for the preparation,
transmittal, adoption and sufficiency review of local government
comprehensive plan evaluation and appraisal reports and
evaluation and appraisal report-based plan amendments submitted
pursuant to the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163. Part II, F.S., and
Chapters 9J-5 and 9J-33. F.A.C. The purpose of the evaluation
and appraisal report is to assess and evaluate the success or
failure of the local government's comprehensive plan, including
the validity of the projections, the realization of the goals and
objectives, and the implementation of the plan's policies. The
report shall also address changes in local conditions, changes in
state and regional policies on planning and growth management and
through adoption of related amendments, to update the local
government's comprehensive plan to address the issues raised in
the report.
(2) Transmittal Requirements for Proposed Evaluation and
Appraisal Report.
(a) In accordance with the schedule established in Rule 9J-
33, F.A.C., the local planning agency shall prepare and transmit
a proposed evaluation and appraisal report to the local governing
body for review and adoption, and contemporaneously send a copy
to the Department, At a minimum, the format and content of the
proposed report will include a table of contents; numbered pages;
element headings; section headings within elements; a list of
included tables, maps and figures; titles and sources for all
included tables, maps and figures; where applicable, maps shall
include major natural and man-made geographic features, city
county and state lines; maps shall contain a legend indicating a
north arrow, map scale and date; a preparation date; and the name
of the preparer.
(b) The proposed evaluation and appraisal report will
assess and evaluate the success or failure of the local
government's adopted comprehensive plan, including the validity
of the proiection.s the realization of the goals and objectives,
and implementation. of the plan's policies. The proposed
evaluation and appraisal report shall also address changes in
local conditions; the effect on the comprehensive plan of changes
to: the state comprehensive plan. Chapter 163. Part II. F.S.,









Chapter 9J-5. F.A.C., and the appropriate strategic regional
policy plan; suggest changes needed to update the comprehensive
plan, elements, or portions thereof; suggest reformulated or
additional goals, objectives, policies, maps, schedules, and
procedures; and otherwise address the requirements specified
Section 163.3191, F.S., and this Rule Chapter.
(c) The local planning agency shall prepare its proposed
report in conformity with the public participation procedures
that were adopted by the local planning agency in accordance with
the public participation requirements of Section 163.3181, F.S.
and Rule 9J-5.004. F.A.C.
(d) A local planning aaencv may. at the direction of the
local governing body, and in accordance with Section 163.3191(8).
F.S., prepare and transmit an evaluation and appraisal report in
advance of the transmittal date established by Rule 9J-33,
F.A.C.. in accordance with the Early Submission requirements
therein.
(e) If a local planning agency transmits an early
evaluation and appraisal report, the local planning agency shall
transmit, in conformity with the schedule established by Rule 9J-
33, F.A.C., an addendum which, at a minimum, addresses changes in
local conditions, relevant changes in the state comprehensive
plan, the requirements of Section 163.3191, F.S., the
requirements of Chapter 9J-5, F.A.C.. and applicable strategic
regional policy plan changes that occurred subsequent to the
adoption of the earlier evaluation and appraisal report.
(3) SUBMITTAL REQUIREMENTS FOR ADOPTED EVALUATION AND
APPRAISAL REPORT.
(a) Within 90 days after receiving the proposed evaluation
and appraisal report from the local planning agency, the local
governing body shall adopt, or adopt with changes, the proposed
evaluation and appraisal report. Within 10 working days of
adoption of the report, the local governing body shall submit
three copies of the adopted report to the Department.
(b) The adopted evaluation and appraisal report will assess
and evaluate the success or failure of the local government's
adopted comprehensive plan, including the validity of the
projections, the realization of the goals and objectives,
implementation of the plan's policies. The adopted evaluation
and appraisal report shall also address changes in local
conditions; the effect on the comprehensive plan of changes to:
the state comprehensive plan, Chapter 163, Part II, F.S., Chapter
9J-5. F.A.C., and the appropriate strategic regional policy plan;
changes needed to update the comprehensive plan, elements, or
portions thereof; include reformulated or additional goals,
objectives, policies, maps. schedules, and procedures; and
otherwise address the requirements specified in Section 163.3191,
F.S., and this Rule Chapter. When evaluation and appraisal
report-based amendments to the comprehensive plan do not occur
simultaneously with the adoption of the evaluation and appraisal
report. the report shall include a schedule for adoption of
evaluation and appraisal report-based amendments within 1 year









after the report or addendum is adopted unless a six-month
extension is granted by the department.
(c) The local governing body shall adopt, or adopt with
changes. the evaluation and appraisal report in conformity with
the public participation procedures in accordance with the public
participation requirements of Section 163.3181. F.S. and Rule 9J-
5.004, F.A.C.
(d) A local governing body may adopt and submit an
evaluation and appraisal report transmitted by the local planning
agency in advance of the submittal date established by Rule 9J-
33. F.A.C.. in accordance with the Early Submission requirements
therein.
(e) If the local governing body adopts an evaluation and
appraisal report more than 90 days prior to the due date
established in Rule 9J-33. F.A.C.. for the adoption of the
report, the local governing body shall also adopt and submit an
addendum to the adopted report in conformity with this
subsection.
(f) At a minimum, the addendum shall address relevant
changes in local conditions, the state comprehensive plan.
Chapter 163, Part II. F.S.. the requirements of Chapter 9J-5,
F.A.C.. and the applicable strategic regional policy plan that
occurred subsequent to the adoption of the earlier evaluation and
appraisal report. The public participation, public notice, and
adoption requirements established for the submittal of the
adopted evaluation and appraisal report must be followed when
submitting the addendum to the adopted report.
(q) All evaluation and appraisal report materials.
including graphic and textual materials, maps. support documents
including data and analysis, a submittal letter from the designee
of the local governing body stating the dates on which the local
government held the requisite public hearings, and a copy of the
adoption ordinance or resolution shall be submitted directly to:
Florida Department of Community Affairs
Bureau of Local Planning. Room 252
Plan Processing Team-EAR REVIEW
2740 Centerview Drive
Tallahassee, Florida 32399-2100
(4i CRITERIA FOR DETERMINING SUFFICIENCY OF ADOPTED
EVALUATION AND APPRAISAL REPORTS.
(a) Within 30 days of receipt of an adopted evaluation and
appraisal report or addendum, the Department shall review the
adopted report to determine its sufficiency. A sufficiency
review shall not be a compliance review, but shall be a
determination that:
1. the report or addendum was adopted and submitted timely;
and
2. the adopted report or addendum addresses all the
requisite provisions of Section 163.3191. F.S., including the
requirements of subsections 163.3191(2),(3), and (6). F.S.. and
this Rule Chapter.
(b) A local government may request that the Department









provide substantive comments regarding the report or addendum
during the Department's sufficiency review to assist the local
government in the adoption of its evaluation and appraisal
report-based plan amendments. Comments provided during the
sufficiency review will not be binding on the local government or
the Department, and will not supplant or limit the Department's
consistency review of the adopted EAR-based amendments. A
request for comments must be made in writing by the local
government and must be submitted at the same time the adopted
report is submitted for sufficiency review.
(c) Upon completion of its sufficiency review, the
Department will notify in writing the local governing body of its
sufficiency determination.
(d) If the Department determines that the adopted report or
addendum sufficiently addresses the requisite provisions of
Section 163.3191, F.S., and this Rule Chapter, the local
government shall proceed with adoption of plan amendments
necessary to implement the recommendations in the report or
addendum, and may proceed with plan amendments in addition to the
evaluation and appraisal report-based plan amendments.
(e) If the local planning agency fails to transmit its
evaluation report or addendum to the Department by the
established transmittal date, or if the local governing body
fails to adopt the evaluation and appraisal report by the
established adoption date, the local governing body is prohibited
from amending its comprehensive plan until such time as the local
governing body adopts and submits an evaluation and appraisal
report or addendum that the Department determines sufficiently
addresses the requisite provisions of Section 163.3191, F.S., and
this Rule Chapter. If the Department determines that the adopted
report or addendum is not sufficient because it fails to address
the requirements of Section 163.3191, F.S., and this Rule
Chapter, the local governing body is prohibited from amending its
comprehensive plan until such time as the local governing body
adopts and submits an evaluation and appraisal report or addendum
that the Department determines sufficiently addresses the
requisite provision of Section 163.3191, F.S., and this Rule
Chapter, except for plan amendments to implement recommendations
in the adopted evaluation and appraisal report or addendum.
(f) If local governments are prohibited from amending the
comprehensive plan pursuant to rule 9J-5.0053(4)(e) F.A.C., then
during the time period of the prohibition starting subsequent to
the submission date specified in Rule 9J-33. F.A.C., amendments
will not be processed by the Department, and will be returned to
the local government except for plan amendments to implement
recommendations in the evaluation and appraisal report. In order
to sec re review thereafter, the local government may resubmit
the amendments in accordance with the requirements of Sections
163.3184. 163.3187, and 163.3189, F.S., following a determination
that the local government's evaluation and appraisal report or
addendum is sufficient.
(5) ADOPTION OF EVALUATION AND APPRAISAL REPORT AMENDMENTS.









(a) Except when a local governing body submits its
amendment simultaneously with its evaluation and appraisal
report, within one year of adoption of an evaluation and
appraisal report, and within one year of adoption of an addendum (
to the earlier report, the local government shall amend its
comprehensive plan based upon the recommendations contained
therein unless a six-month extension is granted by the
department.
(b) All evaluation and appraisal report based plan
amendments, including amendments adopted pursuant to an addendum,
shall be adopted in accordance with the procedures contained in
Sections 163.3184, 163.3187, and 163.3189, F.S., and shall be
subject to compliance review as that term is defined in Section
163.3184(1)(b). F.S.
(c) Notwithstanding the requirements of subsection (1) of
this section, a local government may adopt its evaluation and
appraisal report-based plan amendments simultaneously with the
adoption of its report or addendum. An evaluation and appraisal
report adopted simultaneous with the local government's adoption
of the report-based plan amendments shall be adopted in
accordance with Sections 163.3187(5) and 163.3191, F.S., and this
Rule Chapter, including the requirements for public notice and
public hearings. The adoption of a report simultaneous with the
adoption of report-based plan amendments shall not act as a bar
to, or limitation on, the effect of the Department's sufficiency
review of the adopted report, nor may the Department waive its
responsibilities for review of such report. Evaluation and
appraisal report-based plan amendments adopted simultaneously
with the local government's adoption of its report shall be
adopted in accordance with Sections 163.3184, 163.3187, and
163.3189. F.S.. and shall be subject to compliance review.
(6) EVALUATION AND APPRAISAL REPORT MINIMUM CRITERIA.
(a) The evaluation and appraisal report shall include an
evaluation and assessment of the success or failure of the local
government's adopted comprehensive plan, including the validity
of the projections, the realization of the goals and objectives.
and the implementation of the plan's policies. The evaluation
and appraisal report shall also address changes in local
conditions; the effect on the comprehensive plan of changes to:
the state comprehensive plan. Chapter 163. Part II. F.S., Chapter
9J-5. F.A.C. and the appropriate strategic regional policy plan;
changes needed to update the comprehensive plan, elements, or
portions thereof; reformulated or additional goals, objectives.
policies, maps, schedules, and procedures; and through adoption
of report-based plan amendments, update the local government's
comprehensive plan to address the issues raised in the report;
and otherwise address the requirements specified Section
163.3191. F.S., and this Rule Chapter. The report shall contain
appropriate statements, including data, analysis and conclusions,
using words, maps. illustrations, schedules, or other graphic
formats that address the following:
1. Condition of Each Element at the Time of Adoption









a. Summaries of data and analysis from each element of the
existing adopted plan.
2. Condition of Each Element at the Date of Report
Summaries of each element describing current
conditions;
L. A summary of all land use text and map amendments and
all other major text amendments made to the plan;
c. A new existing land use map and table of existing land
uses for current conditions as of the date of the report;
d. A new existing traffic circulation map; and
e. A summary of the condition and quality of all natural
resources.
3_. Comparison of the Plan's Adopted Objectives with Actual
Results
a. Comparison of the objectives, including specific and
measurable targets, to the actual results and conditions.
Determine whether the objective was achieved.
4. Maior Problems of Development. Physical Deterioration.
Location of Land uses and the Social and Economic Effects of the
Maior Problems Identified
a. The accuracy and use of the population projections;
b. Actual vs. anticipated rate of development;
c. The effect of concurrency requirements;
d. The maintenance and/or achievement of adequate Level of
Service Standards;
e. Coordinating with development the provision of public
facilities and services;
f. The actual vs. projected revenues and expenditures
regarding capital improvements;
g. The generation and status of new revenue sources;
h. Physical deterioration of public buildings, utilities,
infrastructure, recreation facilities, and parks, and the need
for replacement or rehabilitation;
i. Physical deterioration of buildings and structures in
the commercial, and industrial land use categories;
i. Physical deterioration of the housing stock, including
mobile homes;
k. The location of development with regard to existing
infrastructure;
1. The location of development in relation to where
development was anticipated in the adopted plan. such as within
areas designated for urban growth;
a. The location of development in relation to its
compatibility with safety and evacuation in coastal high hazard
areas;
n. The location of development in relation to the
maintenance of environmentally sensitive areas; and
o. The social and economic effects of the major problems
previously identified oy providing a description of the effects.
5, Unanticipated and Unforeseen Problems and Opportunities
Which Occurred Since Adoption.
a. Provide a description of the unforeseen problems and/or










opportunities and their impact on the comprehensive plan.
J, Effect on the Local Comprehensive Plan (
The report shall assess the consistency of the comprehensive (
plan with:
Changes to State Comprehensive Plan since 1985;
b. Changes to appropriate strategic regional policy plan;
c. Changes to Rule 9J-5, F.A.C.; and
a. Changes to Chapter 163, Part II, F.S.
7. Identification of any Needed Actions to Address the
Planning Issues Raised in the Report
A. New. revised, minimum 5-year and minimum 10-year
timeframes and population projections;
b. New and revised goals, objectives and policies;
c. Revised future conditions maps;
d. New capital improvements element;
e. Other actions, such as monitoring and evaluation
procedures; and
f. Studies to be completed.
8. Identification of Proposed or Anticipated Plan
Amendments to Address or Implement the Identified Changes
A. Identify proposed or anticipated plan amendments; and
b. Provide a schedule for transmittal and adoption of the
plan amendments identified in the previous section.
2. The Public Participation Process
a. Describe the public participation process used in the
preparation of the report.
Specific Authority: 120.535, 163.3177(9), 163.3187(5),
163.3191(8). 163.3191(10), F.S.
Law Implemented: 163.3187(5), 163.3191, F.S.
History-New
(This is a substantial rewrite. See 9J-5.0055 for present text)
9J-5.0055 Concurrency Management System. The purpose of
the concurrency management system is to establish an ongoing
mechanism which ensures that public facilities and services
needed to support development are available concurrent with the
impacts of such development.
(1) GENERAL REQUIREMENTS. Each local government shall
adopt, as a component of the comprehensive plan, objectives,
policies and standards for the establishment of a concurrency
management system. The concurrency management system will ensure
that issuance of a development order or development permit is
conditioned upon the availability of public facilities and
services necessary to serve new development, consistent with the
provisions of Chapter 163, Part II, F.S., and this Rule. The
concurrency management system shall include:
(a) A requirement that the local government shall maintain
the adopted level of service standards for roads, sanitary sewer,
solid waste, drainage, potable water, parks and recreation, and
mass transit, if applicable.
(b) A requirement that the local government Capital
Improvements Element. as provided by Section 9J-5.016 of this
Chapter, shall set forth a financially feasible plan which





-,uL q oT"S.00(o ce




development orders have been issued;
(b) An analysis of the character and magnitude of existing
vacant or undeveloped land in order to determine its suitability
for use, including where available:
1. Gross vacant or undeveloped land area, as indicated in

Paragraph (1)(b);
2. Soils;
3. Topography;
4. Natural resources; and
5. Historic resources;

(c) An analysis of the amount of land needed to
accommodate the projected population, including:
1. The categories of land use and their densities or

intensities of use,
2. The estimated gross acreage needed by category, and
3. A description of the methodology used;

(d) An analysis of the need'for redevelopment including:
1. Reneval of blighted areas, and
2. Elimination or reduction of uses inconsistent with

the community's character and proposed future land uses;
(e) An analysis of the proposed development and

redevelopment of flood prone areas kased upon a suitability
determination from Flood Insurance Rate Naps, Flood Hazard
Boundary Maps, or other most accurate information available.
(3) REQUIRrENTS FOR FUTURE LAND USE GOALS, OBJECTIVES
AND POLICIES.
(a) The element shall contain one or more goal statements

which establish the long-term end toward which land use programs
and activities are ultimately directed.
(b) The element shall contain one or more specific
objectives for each goal statement which address the requirements
of Paragraph 163.3177(6)(a), Florida Statutes, and which:
1. Coordinate future land uses with the appropriate
topography, soil conditions, and the availability of
facilities and services;
2. Encourage the redevelopment and renewal of blighted










areas


3. Encourage the elimination or reduction of uses

inconsistent with the community's character and future land
uses;
4. Insure the protection of natural resources and

historic resources;
5. Coordinate coastal area population densities with the

appropriate local or regional hurricane evacuation plan, when
applicable;
6. Coordinate with any appropriate resource

planning and management plan prepared pursuant to Chapter 380,
Florida Statutes, and approved by the .Gvernor and Cabinet;
7. Discourage the proliferation of urban sprawl;
8. Ensure the availability of suitable land for utility

facilities necessary to support proposed developments and
9. Encourage the use of innovative land development

regulations which may include provisions for planned unit
developments and other sixed land use development techniques.
(c) The element shall contain one or more policies for
each objective which address implementation activities for the:
1. Regulation of land use categories included on the

future land use map or map series subdivisions; signage: and
areas subject to seasonal or periodic flooding;
2. Provision for compatibility of adjacent land uses:
3. Provision that facilities and services meet the

locally established level of service standards, and are available

concurrent with the impacts of development, or that development
orders and permits are specifically conditioned on the
availability of the facilities and services necessary to serve

the proposed development; and that facilities that provide
utility service to the various land uses are authorized at the
same time as the land uses are authorized;
4. Provision for drainage and storavater management, open
space, and safe and convenient on-site traffic flow, considering
needed vehicle parking;










5. Provision of mixed land use designation policies, if

locally desired;
6. Protection of potable water vellfields, and

environmentally sensitive land;
7. Zstablishment pt standards for densities or

intensities of use for each future land use category; and
S. Identification, designation and protection of

historically significant properties.
(4) FUTURE LAND.USE AP.
(a) The proposed distribution, extent, and location of the

following generalized land uses shall be shown on the future land

use map or map series:
1. Residential use;
2. Coammrcial use;
3. Industrial use;
4. Agricultural use;
S. Recreational use;

6. Conservation usa;
7. Educational use;

8. Public buildings and grounds;
9. Other public facilities; and

10. Historic district boundaries and designated

historically significant properties meriting protection.

(b) The following natural resources shall be shown on the
future land use map or map series:
1. Existing and planned watervells and cones of

influence, where these exist;
2. Reaches and shores, including estuazrne systems:
3. Rivers, bays, lakes, floodplains, and harbors;
4. Wetlands; and

5. Minerals and soils.
(c) Mixed use categories of land use are encouraged if the

local government determines it needs to utilize another land use
category consisting of combinations of the land use categories
identified above, and if used, policies for the implementation of


29









such mixed uses shall be included in the comprehensive plan.
(d) If determined by the local government to be
C-
appropriate, Subparagraphs (4)(a)7., (4)(a)8., and (4)(a)9. nay
be shown as one land use category on the future land use map
implementation of such mixed uses shall be included in the
comprehensive plan.
(d) It determined by the local government to be
appropriate, Subparagraphs (4)(a)7., (4)(a)8., and (4)(a)9. may
be shown as one land use category on the future land use map or
map series.
(e) If the local government has determined it necessary to
utilize other categories of the public and private use of land,
such categories of land use shall be shown on the future land use
map or map series.
Specific Authority 163.3177(9),(10) TS. Law laplemented
163.3177(1),(5),(6)(a),(8),(9),(10) FS. History-Nev 3-6-86,
saended_
93-5.007 TRAFFIC CIRCULATION ELEMENT. The purpose of the
traffic circulation element is to establish the desired and
projected transportation system in the jurisdiction and
particularly to plan for future motcrized and non-motorized
traffic circulation systems. Future traffic circulation systems
are supported by goals, objectives and policies, and are depicted
on the proposed traffic circulation map or map series within the
element.
(1) EXISTING TRAFFIC CIRCULATION DATA REQUIREMENTS. The
element shall be based upon the following data requirements
pursuant to Subsection 93-5.005(2).
(a) The following features shall be shown on an existing
traffic circulation asp or sap series:
1. Collector roads
2. Arterial roads
3. Limited access facilities; and
4. Ports, airports, rail lines, high speed rail lines,
and related facilities.
(b) The existing Florida Department of Transportation (









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The State Land
Development Plan


IPREAU CF STA.E
A'i SECTnON


MARCH 1989








THE STATE LAND DEVELOPMENT PLAN


CONTENTS



Foreword

Statement of Purpose 1

Introduction 3

Acronyms 5

Goal # 5: HOUSING 6
Cluster # 19: Availability and Affordability of Housing
Goal # 7: PUBLIC SAFETY 12
Cluster # 35: Safe and Secure Citizenry
Goal # 8: WATER RESOURCES 16
Cluster # 37: Protection of the Water Supply
Cluster # 38: Protection of Water Resources
Cluster # 39: Protection of Natural Systems
Goal # 9: COASTAL AND MARINE RESOURCES 30
Cluster # 40: Protection of Coastal Resources
Cluster # 41: Protection of Marine Resources
Cluster # 42: Public Safety and Access in Coastal Areas
Goal # 10: NATURAL SYSTEMS AND
RECREATIONAL LANDS 46
Cluster # 43: Protection of Natural Systems
Cluster # 44: Protection of Endangered Species
Cluster # 45: Land Management and Use

Goal # 11: AIR QUALITY 59
Cluster # 47: Improving Air Quality
Goal # 12: ENERGY 65
Cluster # 49: Efficient Use of Energy











Goal # 13:



Goal # 14:


Goal # 15:


'Goal # 16:



\Goal # 17:


Goal # 18:



Goal # 19:


Goal # 20:



Goal # 21:



Goal # 22:


Goal # 23:


Goal # 26:


HAZARDOUS AND NONHAZARDOUS
MATERIALS AND WASTE
Cluster # 51: Wastewater and Solid Waste Treatment and Disposal
MINING
Cluster # 54: Environmental Protection
PROPERTY RIGHTS
Cluster # 56: Protecting Property Rights

LAND USE
Cluster # 57: Balanced and Planned Development
Cluster # 58: Natural Resources Preservation

DOWNTOWN REVITALIZATION
Cluster # 76: Promotion of Downtown Areas

PUBLIC FACILITIES
Cluster # 59: Maximizing the Use of Existing Public Facilities
Cluster # 60: Planning for Public Facilities

CULTURAL AND HISTORICAL RESOURCES
Cluster # 61: Access to Cultural and Historic Resources
TRANSPORTATION
Cluster # 63: Integrated Transportation Systems
Cluster # 64: Transportation to Aid Growth Management
GOVERNMENTAL EFFICIENCY
Cluster # 65: Intergovernmental Coordination
Cluster # 66: Efficiency in Government

THE ECONOMY
Cluster # 67: Economic Stability

AGRICULTURE
Cluster # 69: Agricultural Industry

PLAN IMPLEMENTATION
Cluster # 74: Intergovernmental Coordination and Cooperation
Cluster # 75: Citizen Participation
Appendices


Appendix I: References
Appendix II: Definitions


69


75


80


84



96


102



114


118



131



140


144


148




156
166










Goal 8 WATER RESOURCES

Goal: Florida shall assure the availability of an adequate
supply of water for all competing uses deemed reasonable and
beneficial and shall maintain the functions of natural
systems and the overall present level of surface and ground
water quality. Florida shall improve and restore the quality
of waters not presently meeting water quality standards.

Policy Cluster # 37: Protection of the Water Supply

Policies:

2. Identify and protect the functions of water
recharge areas to provide incentives for their
conservation.

5. Ensure that new development is compatible
with existing local and regional water
supplies.

11. Promote water conservation as an integral
part of water management programs as well as
the use and reuse of water of the lowest
acceptable quality for the purposes intended.

Policy Cluster # 38: Protection of Water Resources

Policies:

9. Protect aquifers from depletion and
contamination through appropriate regulatory
programs and through incentives.

10. Protect surface and groundwater quality and
quantity in the state.

12. Eliminate the discharge of inadequately
treated wastewater and stormwater runoff into
the waters of the state.

Policy Cluster # 39: Protection of Natural Systems

Policies:

8. Encourage the development of a strict
floodplain management program by state and
local governments designed to preserve
hydrologically significant wetlands and other
natural floodplain features.











CLUSTER 37: PROTECTION OF THE WATER SUPPLY


Background Statement

The major challenge in Florida's future is the assurance of
an adequate supply of water to meet both human and natural
resource needs. This challenge must be addressed with a strong
and consistent effort to integrate land and water management and
regulatory programs. The freshwater resources of Florida include
surface water resources like lakes, rivers and their tributaries,
and wetlands. Groundwater resources are stored underground in
permeable sand and rock formations called aquifers. These
resources are continually replenished, primarily by the state's
abundant rainfall, and continually reduced by natural surface and
groundwater discharges, evapotranspiration, and human use.
Although water is not created or destroyed by its movement through
this hydrologic cycle, its character, location and availability
for human use is altered. Between 1960 and 1980, water use
increased almost three times, compared to a twofold population
increase. Groundwater supplies almost 90% of water used for
domestic purposes, approximately 1.375 billion gallons daily, and
when combined with other uses such as agriculture and industrial
use, approximately 3.7 billion gallons are withdrawn daily.

To understand the crucial connection between land development
and water resources requires a basic understanding of the
hydrologic cycle. Virtually all of Florida is underlain by
aquifers (groundwater reservoirs) containing potable water. The
Floridan Aquifer is a massive subsurface limestone "sponge" that
covers an area of 82,000 square miles and supplies about 44% of
the total groundwater used for public supply. The Floridan is
replenished by the state's average annual rainfall of almost 53
inches only in certain areas of high recharge, primarily in the
sandy, well-drained areas of central Florida, representing about
15% of the state. However, only about two inches of this amount
replenishes the aquifer. The remaining 51 inches feeds rivers,
streams, lakes, wetlands and estuaries.

In the heavily urbanized southeastern section of Florida,
the Biscayne Aquifer, the largest surficial aquifer in the state,
supplies another 44% of the total. The Biscayne and other
surficial aquifers are extremely permeable and are recharged
directly by rainfall. Their surficial nature makes them very
susceptible to impacts from land development activities. Because
water moves through all aquifer systems, they are easily con-
taminated by pollutants carried from the land surface in recharge
waters. Ensuring adequate recharge area and wellfield
protection is of prime importance to the maintenance of Florida's
potable water supplies as the state continues to develop.
Different planning and management approaches are required to
protect these different aquifer types.









Another major concern in Florida's water supply picture is
the location of development. Over 79% of the state's 11.5
million people live in coastal areas. This trend is expected to
continue. These areas are served primarily by shallow aquifers
that are adversely affected by urbanization. The projected
population growth of the state has been estimated to generate a
water requirement of an additional 111,108 gallons per day.

Since local governments are the primary arbiters with regard
to the rate and magnitude of growth (and subsequent demand on
water supplies), it is crucial that their decisions be based on
the best available information regarding the availability of
water and the actions that must be taken to ensure a continued
adequate supply. Furthermore, the type and location of develop-
ment can have very significant consequences on the quality
of water resources and on the integrity of water-dependent
natural systems. These issues will be considered in the
development and implementation of the Local Government
Comprehensive Planning and Land Development Regulation Act
(Chapter 163, Part II, F.S.). All agencies concerned with and
knowledgeable of these water resources will need to assist local
governments in their plan development and subsequent implemen-
tation of land development regulations.

Given the water supply problem facing many existing and
often rapidly growing urban areas, it will be very important to
reduce the demand for water as much as possible. Employing new
technologies and practices that reduce the amount of water used
or consumed can help defer the need-to develop new supplies.
Water-conserving plumbing requirements and more efficient
irrigation practices are two examples of techniques that can save
significant amounts of water. A great deal of water is
discharged to surface watercourses and marine waters as effluent
from wastewater treatment systems and stormwater and agricultural
runoff. Much of this water could be reused for nonpotable water
needs such as irrigating golf courses. Graywater systems for
handling wastestreams and recycling industrial water can reduce
potable water requirements. Reusing water in this manner can
reduce the stress placed on natural systems that receive such
discharges, provided that the minimum flows necessary to protect
their ecological integrity are maintained.

Local governments can greatly influence the conservation and
reuse of water through building codes, development reviews, and
the operating policies of their water and groundwater utility
systems. Incentives such as lower hook-up fees and service
charges can encourage greater conservation and reuse of water.
Local governments are also required under the Water Conservation
Act of 1982 (Section 553.14, F.S.) to require water conserving
plumbing fixtures, such as shower heads, faucets and water closets










in new and significantly renovated building construction.
Additionally, the Florida Energy Conservation Standards of 1987,
created Part VIII, Chapter 553, F.S., which requires that all
shower heads sold in Florida meet conservation standards.

However, local governments cannot do the job alone. Since
water is a resource of regional and statewide significance, state
and regional agencies need to coordinate their activities,
provide incentives to protect water resources, and better assist
local governments with land development regulation.


Objectives

A. By 1992, all ground and surface water supplies will be managed
to promote conservation, preserve natural resources, and ensure
that available quantities of water are used for reasonable
beneficial use. [State Comprehensive Plan policies 2 and 5]

EFFECTIVENESS MEASURES:

Per capital potable water use.

Percent of the (identified) water supplies covered by
management plans.

B. By 1995, 100 percent of the high or regionally significant
recharge areas and well fields in the state shall be provided
special protection by local governments. [State Comprehensive
Plan policy 5]

EFFECTIVENESS MEASURE:

Percent of recharge areas and well fields protected.

C. By 1995, water conservation efforts will have resulted in
increased efficiency requiring 15% less water used in and
necessary for irrigation, mining, power development and domestic,
municipal, and industrial uses. [State Comprehensive Plan policy
11]

EFFECTIVENESS MEASURE:

Percent reduction in the amount of water used in each
specific use area per unit of production criteria.

D. By 1995, Florida will reuse 9% of its wastewater. [State
Comprehensive Plan policy 11]












EFFECTIVENESS MEASURE:

Percent of wastewater reused.


Operating Policies

1. Identify and model the functions of all areas of high or
regionally significant recharge to groundwater aquifers, including
sources and flows of water recharge, recharge and filtration
rates, and existing and potential land uses and sources of
pollution. [WMDs, DNR, DER] (Objectives A, B)

2. Through land development planning and regulation, ensure that
development activities do not impair the function of high or
regionally significant recharge areas, and limit roads and other
impervious surfaces and watershed alterations that reduce the
availability and flow of good quality water to recharge areas.
[WMDs, DCA, DOT, RPCs] (Objectives A, B)

3. Ensure that new development maintains natural groundwater
levels, including seasonal fluctuations, consistent with sound
ecological and public safety considerations. [WMDs, DER]
(Objective A)

4. Incorporate watershed management programs that seek to
protect the natural flow and quality of surface water systems
into land use planning and regulation programs. [DCA, WMDs, RPCs]
(Objective A)

5. Ensure that local and regional comprehensive plans use
groundwater basin resource inventories prepared by state and
regional water management agencies that identify the
limitations of the available groundwater supply. [RPCs, WMDs,
DCA, DER] (Objective A)

6. Allow development to occur only when adequate water supplies
will be concurrently available to serve such development without
adversely affecting local or regional water sources. [DCA, WMDs,
RPCs] (Objective A)

7. Ensure that all state buildings, utilities, and operations
employ water-saving devices and water reuse and reclamation
opportunities to the greatest extent possible. [DGS] (Objective
C)

.8. Encourage incentives such as reduc d connection fees and
service charges through water and wast water utilities for
customers who use proven water or wastewater saving devices such
as graywater systems. [DCA, RPCs, WMD:.] (Objective C)











9. Ensure that building codes require the installation of water
saving devices in new construction and renovation. Develop
incentives and increase public education on the use of water
saving technologies. [DCA] (Objective C)

10. Ensure that local government comprehensive plans and land
development regulations include policies and guidelines for
managing development to protect the quality and quantity of
ground and surface water. [DER, DCA, RPCs, WMDs] (Objectives A,
B)

11. Require water conservation measures, including water
reclamation and reuse, through all development planning, review
and regulatory programs. Ensure that the lowest quality water
reasonably available and suitable for a given purpose is used in
order to reduce the unnecessary use of potable water. [DCA, DER,
RPCs, WMDs] (Objective C)

12. Establish a research and extension program for development
and dissemination of energy efficient and water-conserving
irrigation technologies. [DACS, WMDs] (Objective C)

13. Establish minimum groundwater levels for the state's major
aquifers to identify when withdrawals should be curtailed to
avoid impairing their functional integrity. [WMDs] (Objective A)


























21










CLUSTER 38: PROTECTION OF WATER RESOURCES


Background Statement

As noted in the previous cluster, Florida is heavily
dependent on groundwater for potable water. However, groundwater
resources in Florida are very susceptible to contamination. In
surficial aquifers such as the Biscayne, which supplies nearly
half of the potable water used in the state, pollutants move
directly from the land surface into the groundwater. In the
deeper, more confined layers of the Floridan aquifer, pollutants
can move with the water through the more porous layers to
contaminate potable water supplies. Little is known about where
and at what rate a plume of pollution will move through the
complex system of groundwater aquifers. An alarming number of
incidents of localized groundwater contamination have been
documented, however, in recent years. Pollutants have originated
from a variety of sources such as known and unknown hazardous
waste dump sites, leaking underground storage tanks, and
landfills. Incidents related to nonpoint sources such as
pesticide treatment of agricultural lands and urban stormwater
runoff also have been identified. Cleanup of aquifer
contamination incidents is extremely difficult, if not
impossible, and very costly.

In addition to threats from contamination, groundwater
resources face threats from depletion caused by rapid development
and overpumping. In many areas of the state where aquifer
recharges are unable to keep up with withdrawals, groundwater
levels have fallen drastically, as discussed in the State Water
Use Plan. This reduction in levels can have significant impacts
on surface water systems such as lakes and wetlands, causing
these areas to dry up and lose much of their ecological value.
Drainage and overpumping also reduce the amount of water
available by causing saltwater intrusion in coastal areas. Water
can be pumped from other sources further inland, but this can be
costly as well as politically unpopular as the water-rich areas
feel such withdrawals may limit their future growth. Urbani-
zation can also reduce and affect local aquifer recharge as
a result of paving of land surfaces and the construction of curbs
and storm sewers. Where runoff from urban areas is diverted to
recharge areas, groundwater contamination is a concern that must
be addressed.

The quality of surface waters, such as Florida's over 10,000
miles of rivers and streams, 8,000 lakes, and numerous estuaries,
has also been adversely threatened by activities Iccompanying
intense agricultural development and urbanization Domestic
wastewater effluent from sewage treatment facilities and septic
tanks introduces nutrients and biological or viral contamination.
Stormwater and agricultural runoff carry sediment, heavy metals,











pesticides, and other pollutants to these waters. The loss of the
natural filtering processes that accompanies the destruction of
wetlands and vegetation fringing surface water bodies also
exacerbates the deterioration of surface water quality.

While the statutory responsibility for the regulation of
water quality and water quantity has been given primarily to the
state Department of Environmental Regulation and the five water
management districts, the relationship of land development
practices to water resource issues is crucial and direct. Since
local governments are the primary regulators of land use, the
problem is how to integrate the authority and programs of state
and regional water resource agencies with local land use
decisions. This problem has been recognized in almost every
analysis of Florida's environmental legislation and will be
addressed with the Local Government Comprehensive Planning and
Land Development Regulation Act.

The 1987 state Legislature addressed this very problem
within the Surface Water Improvement and Management (SWIM) Act.
The Act provides funding, through the Department of Environmental
Regulation to the five water management districts, for the
planning, design and implementation of surface water management
plans directed at significant state and regional water bodies.
The legislation involves an evaluation of all water bodies within
each district in order to prioritize both management needs and
possible restoration requirements.

Integrating the authority, operating policies, and technical
expertise of state and regional agencies which regulate water
resources with the direct responsibility of local governments to
regulate and control land use practices in their jurisdictions is
one of the most crucial objectives of the statewide planning
framework. Refer to Cluster 51: Wastewater and Solid Waste
Treatment and Disposal, for additional water resource protection
issues.


Objectives

A. By 1995, the quality of Florida's surface and ground waters
will be as good or better than it was in 1985. [State
Comprehensive Plan policies 9, 10, and 12]

EFFECTIVENESS MEASURES:

Percent of surface water bodies classified at equal to
or higher designations.

Percent of reported groundwater contamination incidents.











he
B. By 1990, each new development in Florida will treat its
stormwater runoff so that at least 80% of the pollutants are
removed. [State Comprehensive Plan policies 10 and 12]

EFFECTIVENESS MEASURE:

Amount of stormwater pollution from new development.

C. By 1995, Florida will provide special protection for the
wellfields for all major public water supply systems. [State
Comprehensive Plan policies 9 and 10]

EFFECTIVENESS MEASURE:

Percent of major systems with wellfield protection
regulations.

D. By 1995, Florida will reduce per capital potable water use
by 15%. [State Comprehensive Plan policy 9]
EFFECTIVENESS MEASURE:

Per capital potable water use.


Operating Policies

1. Coordinate state and regional water quality protection
programs to ensure that the prevention, abatement, and control of
surface and ground water pollution is addressed in land use
planning and regulation. [DCA, DER, DACS, WMDs, RPCs]
(Objectives A, B, C)

2. Ensure stormwater runoff from new land development, urban
renewal and modernization projects, or other major modifications,
does not adversely impact the quality of ground and surface
waters. [DER, WMDs, DCA) (Objectives A, B)

3. Prohibit or severely limit activities which discharge
pollutants that could negatively impact public wellfields, high
recharge areas, and areas designated as future water supply
sources. [DER, WMDs, DCA] (Objectives A, C)

4. Ensure that development does not contaminate or deplete
aquifers through degradation of water resources, restriction of
water recharge, encouragement of salt water intrusion or damage
to the physical, chemical, or biological integrity of the aquifer
system. [DER, DACS, WMDs, RPCs] (Objectives A, C, D)

5. Prohibit new development that would depend upon wastewater
facilities that discharge inadequately treated wastewater into the
waters of the state. [DER, WMDs, DCA, RPCs] (Objectives A, B)













6. Require the best available wastewater treatment technology
be employed for new development that would discharge into Class I
or II waters, Outstanding Florida Waters, aquatic preserves, or
environmentally sensitive aquatic or marine habitats. [DER, WMDs,
DCA, RPCs] (Objectives A, B)

7. Encourage the use of "best management practices" for
agricultural uses and mining operations in order to protect water
resources. [DACS, DNR, DER, WMDs] (Objectives A, B)

8. Restrict the approval of new development that would withdraw
water onsite or receive water from an existing source in areas
that is experiencing salt water intrusion into its potable water
supply source. [WMDs, DCA, RPCs] (Objectives A, B)

9. Ensure that development does not rely on groundwater
withdrawals that allow or increase salt water intrusion, interfere
with other existing legal uses of water, or cause damage to
important ecosystems, agriculture, or area geology. [DCA, RPCs,
DNR, DER, WMDs] (Objectives A, B)

10. Target areas of existing development for stormwater pollution
abatement programs, especially considering priority areas such as
Outstanding Florida Waters and ranked water bodies of the SWIM
Program. [DER, WMDs] (Objectives A, B)


























25










CLUSTER 39: PROTECTION OF NATURAL SYSTEMS


Background Statement

Before 1972, land development in Florida was based on major
restructuring of the land by engineering elaborate systems of
channels, dams, levees, and other structures to drain land and to
hold back flood waters. As a result of these efforts to
"reclaim" dry land for agricultural and urban purposes, Florida's
20 million acres of wetlands have been reduced to fewer than 8
million since 1850, More than half of that loss has occurred in
the last 25 years.1 Yet after the expenditure of billions of
dollars, the land development made possible by drainage of
wetlands, structural alterations in floodplains, and diking of
floodprone areas has not been effectively protected from flood
damage. In addition, the natural functions provided by such
areas have been greatly diminished, if not destroyed. These
natural services include temporary storage of overflow and
surface runoff to moderate the impacts of floods; water quality
improvements resulting from settlement of sediments and removal
of pollutants by biological processes; habitat values for species
that depend on periodic inundation; and biological productivity
within the system and in the complex chains of related estuarine
systems through detritus and nutrient transport.

The past predominately structural approach to water
management has changed to the recent state policy of encouraging a
nonstructural approach that seeks to avoid flood damages and
losses and degradation of the natural values of river and wetland
systems. This approach involves the acquisition of important
floodplains to ensure that they are available for water storage,
floodwater conveyance, and other natural system functions
discussed above, and the design of construction in floodplains and
floodprone areas to minimize adverse effects on natural flows.
This effort should result in minimizing flood-related losses that
taxpayers are often asked to subsidize and reducing the need to
reconstruct structures that involve significant economic and
environmental costs. The magnitude of the number of structures in
floodprone areas is indicated by the fact that in 1984 Florida
held 30% of the number of National Flood Insurance policies issued
nationwide and almost 80% of those in the southeastern United
States.

The new SWIM legislation discussed in the preceding cluster
is a major new state effort to correct or improve many of these
problems from the past and to better manage these systems. This
new management approach combined with the ongoing Save Our Rivers
acquisition program should enable us to significantly improve all
aspects of water management, including floodplain management.

Proper management of wetlands, floodplains, and other
floodprone areas, primarily through local government regulation,
will return benefits to the state in the form of reduced personal












injury and economic losses, water quality and quantity
enhancements, and maintenance of viable fish and wildlife
habitats to support recreation and commercial fishing activities.
These issues will be considered in the development and
implementation of the Local Government Comprehensive Planning and
Land Development Regulation Act (Chapter 163, Part II, F.S.).
This major effort will require assistance from all related state
and regional agencies to help local governments in both the
development of the local comprehensive plans and later
implementation of land development regulations.

Proper management often means utilizing floodplain and
stormwater runoff ordinances that require advanced water
detention and retention methods to emulate the natural system by
reducing abrupt runoff and retaining water onsite to allow
absorption through the soil. Retaining the soil's biological
filtering characteristics will improve the potential for Florida
to absorb its rapid population growth without sacrificing its
quality of life. To date, there is a wide variation in knowledge
and use of these management approaches. There is a need to
provide the most up-to-date information, technical assistance and
model ordinances to local governments and other managing
organizations.

Objectives

A. By 1992, all local governments will identify in their
comprehensive plans how they will protect wetlands and other
natural floodplain features and resources. [State Comprehensive
Plan policy 8]

EFFECTIVENESS MEASURE:

Percent of local governments with these resources that
protect them through their comprehensive plans.

B. By 1995, there will be no net loss in the amount of
functioning wetlands in Florida as compared to the amount of
functioning wetlands in 1985. [State Comprehensive Plan policy 8]

EFFECTIVENESS MEASURE:

Net acreage of functioning wetlands lost.

Operating Policies

1. Avoid the creation of structures that are likely to be
damaged by flooding by keeping buildings out of the most
frequently flooded areas and by requiring buildings in less











frequently flooded areas to be elevated or designed so damage
will be minimal. [DNR, DCA, RPCs, WMDs, DER] (Objectives A, B)

2. Avoid interference with the beneficial functions of
wetlands, floodplains, and floodprone lands including: storage;
floodwater conveyance; groundwater recharge; maintenance of
minimum water flows, levels, and quality; and habitat for fish and
wildlife. [DER, DNR, DCA, DOT, WMDs] (Objectives A, B)

3. Avoid alterations of the natural rate, timing, quantity, and
pattern of surface water flows through careful management of
development activities. [DER, WMDs, DCA, RPCs, DOT] (Objectives A,
B)

4. Avoid development that endangers the biological and
ecological integrity of rivers, lakes and associated floodplains
through the utilization of nonstructural flood control programs
that maintain the essential character of wetlands vegetation and
ecosystem functioning. [DER, WMDs] (Objectives A, B)

5. Provide incentives for property owners to maintain and
protect wetland and floodplain areas. [DER, DCA, WMDs, RPCs]
(Objectives A, B)

6. Avoid development that requires the use of structural
modifications to natural riverine systems and, where such systems
have been degraded, restore natural functions to the maximum
extent possible. [DER, WMDs] (Objectives A, B)

7. Avoid development that requires new structural work in river
systems that may subsequently endanger the water quality and the
natural hydrologic functioning of rivers. [DER, DNR, WMDs]
(Objectives A, B)

8. Ensure that local governments adopt and implement stringent
floodplain management ordinances. [DCA, DER, RPCs, WMDs]
(Objectives A, B)

9. Land use planning and infrastructure development should be
coordinated with watershed management plans. [WMDs, DOT, DCA,
RPCs] (Objectives A, B)

10. Design and construct roadways in a manner that will avoid
interference with the natural flow of waters in and to 100-year
floodplain areas to the maximum extent possible. [DOT)
(Objectives A, B)

11. Avoid development that interferes with minimum water
flows and levels necessary to provide full protection of natural
ecosystems. [DER, WMDs] (Objectives A, B)











12. Incorporate the natural assimilative capability of wetland
areas into development planning and construction to the extent
such functions will not be impaired. [DER, DCA, WMDs, RPCs, DOT]
(Objectives A, B)

13. Monitor and evaluate the compliance rate for projects
required to provide mitigation related to destruction of wetlands.
[DER, DCA, WMDs] (Objective B)

14. Require that land use decisions address the secondary and
human-activity related impacts of development on floodplain
management and ensure that such secondary impacts do not
adversely impact riverine or wetland systems. [DCA, RPCs, WMDs]
(Objectives A, B)





































29











Goal 10 NATURAL SYSTEMS AND RECREATIONAL LANDS


Goal: Florida shall protect and acquire unique natural
habitats and ecological systems such as wetlands, tropical
hardwood hammocks, palm hammocks, and virgin longleaf pine
forests, and restore degraded natural systems to a functional
condition.

Policy Cluster # 43: Protection of Natural Systems

Policies:

1. Conserve forests, wetlands, fish, marine
life, and wildlife to maintain their
environmental, economic, aesthetic, and
recreational values.

7. Protect and restore the ecological functions
of wetlands systems to ensure their long-term
environmental, economic and recreational
value.

8. Promote restoration of the Everglades
system and of the hydrological and
ecological functions of degraded or
substantially disrupted surface waters.

9. Develop and implement a comprehensive
planning, management and acquisition program
to ensure the integrity of Florida's river
systems.

Policy Cluster # 44: Protection of Endangered Species

Policies:

3. Prohibit the destruction of endangered
species and protect their habitats.

4. Establish an integrated regulatory program to
assure the survival of endangered and
threatened species within the state.

Policy Cluster # 45: Land Management and Use

Policies:

2. Acquire, retain, manage and inventory public
lands to provide recreation, conservation and
related public benefits.











5. Promote the use of agricultural practices
which are compatible with the protection of
wildlife and natural systems.

6. Encourage multiple use of forest resources,
where appropriate, to provide for timber
production, recreation, wildlife habitat,
watershed protection, erosion control, and
maintenance of water quality.

10. Emphasize the acquisition and maintenance of
ecologically intact systems in all land and
water planning, management and regulation.









CLUSTER 43: PROTECTION OF NATURAL SYSTEMS


Background Statement

Florida's broad climatic range produces a rich variety of
natural systems that provide a wealth of environmental, economic,
and aesthetic resources. Florida's climate and attractive
natural environment is a major factor in attracting the 37
million visitors who help make tourism one of the most important
sectors of the Florida economy. These natural systems provide
the basis for an outstanding park system incorporating 126 areas
comprising 331,921 acres. Another 306,000 acres are in state-
owned forests, which were visited by nearly 1 million day users
from July 1981 June 1983. The wildlife management system
directed by the Game and Fresh Water Fish Commission provided a
total of more than 3 million hunter days during that same time
period. Fres water fishing provides jobs worth $300 million in
annual wages. Florida's forest resources also make a major
contribution to Florida's economy, with the 1983 demand of 551
million cubic feet per year expected to grow to over 1 billion
cubic feet per year by the year 2000. Forests also provide other
benefits such as recreational opportunities, wildlife habitat
maintenance of clean air and water, and watershed protection.

Florida's other natural systems also provide important non-
economic benefits. As noted in Cluster 39 and in the State Water
Use Plan, Florida's wetland systems are major habitat areas for a
large number of plant and animal species. Coastal estuaries and
associated wetlands provide spawning grounds, nurseries, and food
sources for two-thirds of the fish and shellfish along the
Atlantic coast and Gulf of Mexico. Wetlands also play an
important role in improving water quality.and in moderating the
impact of floods.

Unfortunately, the value of Florida's natural systems has not
been fully recognized. Many systems have been severely damaged or
destroyed. During the past 10 years alone, Florida's population
increased by 38% while the number of acres suitable for wildlife
habitat and compatible recreational activities decreased by
2 million acres. Sixty percent or 12 million acres of the
state's wetlands have been lost to development or agricultural
activities. While demand for forest products is projected to be
well over one billion cubic feet per year by the year 2000, the
acreage of forested lands has decreased 5.5 million acres since
1950. Florida also is third in the country in terms of the
number of species of wildlife that are currently jeopardized.
The decline of these wildlife species is a strong indicator that
the natural systems which Florida depends upon for its quality of
life, economic vitality, and basic human needs, such as clean
air, water, and food, are under severe stress.








One wetlands system of particular concern is the Everglades
ecosystem, which encompasses 9,000 square miles and includes the
Kissimmee River, Lake Okeechobee, and the Everglades itself.6
The Everglades ecosystem is truly a unique biological system, but
it has been seriously degraded as a result of urbanization,
agricultural conversion, and the draining, diking, and
channelizing that has been required to make such uses possible.
Water quality in the Everglades h s also been degraded
by urban and agricultural runoff. It has been estimated that
some 90% of the pollution load off the Everglades Agricultural
Area is ultimately channeled in to the Everglades. The impact on
the Everglades National Park has been extensive, including a 90%
reduction in wading bird populations.9

Similar adverse impacts have affected Florida's 10,000 miles
of streams and rivers, as outlined in the State Water Use Plan and
in Cluster 39 of this document. The Kissimmee River, for
example, was once 90 miles of river meandering through a one or
two mile wide marsh floodplain. It has been converted to a series
of pools connected by a channel 50 miles long. The biological
impacts include a 78% reduction in floodplain wetlands, a 93%
reduction in water fowl use, a 74% reduction of bald eagle nesting
in the watershed, and reduced wading bird populations. The
draining of the wetland area along the Kissimmee has resulted in
development encroaching on what was formerly floodplain,
increasing the difficulty of restoring the natural functions of
this ecosystem.

Land development practices can also have a great impact on
the integrity of river systems, particularly in terms of
activities that alter the watershed of the rivers. As discussed
in Cluster 39, Florida has embarked on a program of nonstructural
water management that would seek to allow natural fluctuations in
hydroperiod in wetlands associated with river systems and to keep
structures out of floodplain areas. That Cluster also calls for
protection of watersheds as well as urges that structural
modifications to natural riverine systems be avoided.

The Save Our Everglades program, instituted in 1983, is
geared toward restoring as much as possible of the natural
functioning of this ecosystem that is so vital to the water needs
of South Florida. In addition, the Save Our Rivers program has
made available funding to acquire needed floodplain areas, with
the water management districts as the primary agencies charged
with planning for and ensuring the protection of Florida's major
river systems.


Objectives

A. By 1992, protect and manage all of Florida's natural systems,
and especially wetland areas, through an integrated and coordinated










planning and management system among all levels of government.
[State Comprehensive Plan policies 1, 7 and 9]

EFFECTIVENESS MEASURE:

Number of intergovernmental coordination agreements and
other coordination mechanisms implemented.

B. By 1992, all of Florida's rivers and drainage basins will be
managed under common intergovernmental strategies that are
coordinated with state and regional agencies, and consistent with
local government comprehensive plans and land development
regulations. [State Comprehensive Plan policies 1, 7 and 9]

EFFECTIVENESS MEASURE:

Percent of Florida's rivers managed through coordinated
strategies.

C. By 1995, 20 percent of the damaged habitat and natural
functions of the Everglades system will be restored. [State
Comprehensive Plan policies 7, 8 and 9]

EFFECTIVENESS MEASURES:

Reduction in water pollution from agricultural practices.

Acres of land restored.


Operating Policies

1. Inventory forest lands, uplands, wetlands, and critical fish,
marine, and wildlife habitats, determine which areas need to be
conserved, and identify the appropriate conservation strategy to
be used for each location. [GFC, DNR, DER, DCA, WMDs, RPCs,
DACS] (Objectives A, B, C)

2. Identify the various types of wetlands, characterize the
degree to which they function, establish a priority for those
areas requiring restoration or preservation, and implement a
comprehensive restoration and preservation plan. [DER, WMDs,
DNR, GFC] (Objectives A, B, C)

3. Inventory the state's river systems and develop appropriate
management, preservation, and acquisition strategies. [WMDs, DER,
DNR, DCA] (Objectives B, C)

4.. Land development review procedures should provide for the
protection and restoration of ecological functions of wetland
systems to ensure their long-term environmental, economic, and/or
recreational value. [DCA, DER, WMDs, RPCs] (Objectives A, B, C)











5. Ensure that local government comprehensive plans provide for
the conservation and appropriate use of forests, wetlands,
fisheries, minerals, soils, native vegetative communities,
floodplains, wildlife, wildlife habitat and marine habitat.
[DCA, DER, DNR, DACS, GFC, WMDs, RPCs] (Objectives A, B)

6. Utilize special planning and management programs, including
SWIM programs, resource planning and management committees and
Areas of Critical State Concern processes to develop and implement
integrated management, preservation, and acquisition strategies
for identified riverine, estuarine, and wetland systems. [DCA,
DER, DNR, GFC, RPCs, WMDs] (Objectives A, B, C)

7. Land development review procedures and approvals should
provide for the protection of high quality upland plant
communities and viable habitats, including suitable buffers and
management programs adequate to ensure the continued survival of
such systems. [GFC, DCA, RPCs, DER, WMDs, DNR] (Objectives A, B,
C)

8. Discourage land development activities adjacent to lands
held for conservation and preservation that would adversely
impact the functions of those lands. [DER, DNR, DCA, GFC, WMDs,
RPCs] (Objectives A, B, C)

9. Monitor the compliance of required mitigation projects to
determine their value in providing benefits to the functioning of
natural ecological systems. [DER, DNR, DCA, GFC, WMDs]
(Objectives A, B)

10. Avoid further degradation of the Kissimmee River-Lake
Okeechobee-Everglades ecosystem. [DER, DNR, GFC, DACS, WMDs]
(Objective C)

11. Reestablish, to the extent feasible, the ecological
functions of the Kissimmee River-Lake Okeechobee-Everglades
ecosystem in areas where these functions have been substantially
damaged. [DER, DNR, GFC, DACS, WMDs] (Objective C)

12. Prohibit development that would severely impact the
aesthetic or recreational value, use, and enjoyment of important
natural systems historically used for such purposes by the
general public. [DER, WMD, DNR, DCA, RPCs] (Objectives A, B, C)










51









CLUSTER 44: PROTECTION OF ENDANGERED SPECIES


Background Statement

There are many factors that cause a species to be either
threatened or endangered, but the primary factors are associated
with human encroachment or elimination of species' habitat. In
the last two years alone, six additional animal species have been
designated as endangered. The total number of animal species in
the endangered and threatened status are 39 and 27, respectively.
In addition, 44 animal species have been listed as Species of
Special Concern, due largely to habitat losses.1 There are also
139 endangered and 283 threatened plant species in Florida listed
by the Florida Department of Agriculture and Consumer Services.
The Game and Fresh Water Fish Commission's comprehensive program
for the regulation of endangered species is primarily funded
through Section 6 of the Federal Endangered Species Act of 1973,
which provides federal-state funding at a ratio of three to one.
The program consists of research, coordination, and information
and education programs. A reduction in federal funding
since 1981 has meant a significant cutback in the scope of
Florida's endangered species program. The Florida portion of
federal funding sources is divided between the Game Commission for
its programs and the Department of Natural Resources for manatee
and sea turtle protection activities. These funding sources and
levels as a whole have been inconsistent and unreliable.

The primary threat to the wildlife and plants species that
have been listed as discussed above comes from the activities of
man and the encroachment of land development. These activities
include land drainage and clearing, dredge and fill activities,
and simply reducing the available acreage a species' requires to
below a minimum threshold. There are other deleterious effects
from domestic, industrial and agricultural runoff that also
contribute to the problem. During the past 10 years, the number
of acres in the state suitable for wildlife habitat and wildlife-
oriented recreation has decreased by two million. The rate of
habitat loss in the state has reached the point where assuring
the preservation of the last remaining vestiges of representative
habitat types should become a priority.

A major problem in planning and management for endangered
and threatened species is the lack of sufficient population and
habitat data needed to make sound decisions. As more and more
land is converted to urban development, necessary habitat
information is critical to the management and protection of
effected species. A significant addition to this information
base will be the Statewide Wildlife Habitat System that is being
developed by the Game and Fresh Water Fish Commission. This
system involves LANDSAT-based mapping of habitat types for each
planning region in the state. This mapping will be useful for









land use planning and resource management at the regional and
county level. The system will also be useful for estimating the
amount of each habitat type that is presently in public ownership
and to project where additional acquisition projects should be
directed.

Species that are endangered in Florida include the Florida
manatee, the Florida panther, and the American crocodile. An
example of the conflict between development and the protection of
endangered species is demonstrated with the crocodile on North
Key Largo, where massive condominium development has been
proposed in an area adjacent to the crocodile sanctuary. The
impacts of such development may adversely affect the condition of
crocodiles and their habitat, and other endangered species
nearby. The Department of Community Affairs and other state and
federal agencies are working with the local governments to
implement through a creative regulatory approach a habitat
conservation plan for the crocodile and the other endangered
species in the North Key Largo area. Other similar management
efforts need to be initiated in other areas of the state where
endangered or threatened species and their habitat are
experiencing the effects of development activity.


Objectives

A. By 1990, there will be no net loss of endangered species
habitat as a result of land development decisions. [State
Comprehensive Plan policies 3 and 4]

EFFECTIVENESS MEASURES:

The estimated number of acres of endangered species
habitat lost.

The number of additional species designated as endangered.

Operating Policies

1. Identify critical habitats of endangered species following a
procedure similar to that used by the federal government. [GFC,
DER, DNR, DACS] (Objective A)

2. Consult with the Game and Fresh Water Fish Commission where
state and federal management, development or permitting activities
will affect endangered or threatened species and species of
special concern. [GFC, appropriate agencies] (Objective A)











3. Ensure that local government comprehensive plans identify
endangered species habitat and restrict activities known to
affect the survival of endangered wildlife and plants. [DCA,
RPCs, GFC, DNR] (Objective A)

4. Assure consistency with existing endangered species recovery
plans and continue to develop additional endangered species
recovery plans. [GFC, DNR, DACS] (Objective A)

5. Develop positive financial incentives to encourage land
owners and developers to protect or preserve endangered and
threatened species and species of special concern. [DCA, GFC,
RPCs, DNR] (Objective A)

6. Consider specific land acquisition and wildlife management
area programs necessary for the protection of endangered species
and their habitat. [DNR, GFC, DER] (Objective A)

7. Develop land banking methods throughout the state for the
mitigation of impacts on listed species, excluding endangered
species, and their habitat from land development activities when
onsite mitigation is not possible. [DCA, RPCs, GFC, DNR]
(Objective A)

8. Assist local governments and landowners in addressing
endangered and threatened species issues, especially the
protection of their habitat. [GFC, DNR, DCA, RPCs, DER] (Objective
A)

9. Prohibit development that would have a direct, or through
associated human-related activities an indirect, adverse impact on
significant populations or habitats of endangered or threatened
species. [GFC, DNR, DCA, DOT, RPCs] (Objective A)

10. Ensure that all land use decisions involving lands
containing or impacting significant listed species populations or
habitats include an adequate combination of mitigative measures
including preservation, management, public education, and the
provision of adequate protective buffers. [GFC, DNR, DCA, DOT,
RPCs] (Objective A)

11. Restrict the use or introduction of exotic species,
especially on or adjacent to lands containing unique native
habitats. [DACS, GFC, DNR] (Objective A)

12. Develop management methods and planning applications for the
Statewide Wildlife Habitat System to protect threatened and
endangered species. [GFC, DCA, RPCs] (Objective A)


I




-


CLUSTER 45: LAND MANAGEMENT AND USE

Background Statement

Florida's land resources committed to natural areas include
agricultural, wetland and forest areas. The State of Florida
owns approximately 1.63 million acres of upland property and
approximately 10 million acres of sovereign submerged lands.1

While Florida still has significant natural areas, much of
the land committed to these uses has been rapidly lost to
urbanization that accompanies population growth. For example,
the acreage of forest lands in Florida has decreased by 5.5
million acres or 26% of total acreage since 1950. Since
1850, Florida has lost 60% or 12.3 million acres of its wetlands.
Well over half this loss has occurred between 1953 and 1975.
During the past 10 years alone, the number of acres suitable for
wildlife habitat compatible with recreational activities has
decreased by two million.

The stress placed on our natural land areas by urbanization
requires that the land that is still available for agricultural
and natural resource uses be managed in a way that maximizes the
benefits and qualities of these areas. In many cases the goals of
agriculture or timber production, recreation, provision of
wildlife habitat, and furtherance of water quality and quantity
can complement each other in a multiple-use management context.
For example, practices conducted on agricultural lands can
enhance the wildlife habitat values of the area. One specific
example is the creation of wildlife corridors which allow
wildlife to migrate to and from intact natural systems such as
wildlife preserves and forests through certain agricultural and
forestry lands.

In many cases, less intensive agricultural practices can
greatly increase the value of the area for wildlife habitat or
water quality protection, and agricultural practices can be
adopted that are consistent with the natural character of the
area. The use of water-conserving irrigation practices can also
ensure that necessary water supplies will be available to
maintain the water table in the surficial aquifer and to provide
water for other uses. Agricultural expansion that seeks to take
advantage of already converted areas rather than converting
intact native plant communities can help maximize the
availability of a wide range of natural values.

Multiple-use practices associated with forestry operations
provide a wide range of values from these areas which dominate
the upland areas of Florida, particularly north Florida. The
state currently has approximately 300,000 acres of state-owned
forests and another 50,000 acres of state lands being managed for
multiple-use forestry. The state will increase state ownership
through purchase of inholdings, i.e. private property located











within the boundary of state forests. In addition, recreational
use of Florida's state forests increased over 15 percent between
1970 and 1980.3 State-owned forests represent only 4 of the
total 7,170,023 acres of upland forest in the state. There is
obviously much more land that could be managed on a broader
multiple use basis.

In many situations, thoughtful management practices can
significantly enhance the natural system value of an area without
having an adverse effect on the economic value of the timber
resources. Often just the method of cutting or site preparation
can have a tremendous effect on the natural diversity of the area
and its attractiveness for wildlife habitat.

Florida has a substantial land acquisition program which
increasingly is focusing on the need to buy ecologically intact
systems that include all of the necessary components to ensure a
healthy level of species diversity and ecological functioning.
The Natural Areas Inventory, a joint operation of the Department
of Natural Resources and the Nature Conservancy, seeks to
identify those most important biological systems that are the
best examples of Florida's important unique and natural systems.

The Save Our Rivers program is focused on resource
management. As of February 1986, over 1.6 million acres had been
acquired through this program. Acquisitions seek to focus on
sites needed to maintain the biological and hydrological
functioning of Florida's important river systems. The
Conservation and Recreational Lands program also approaches
projects based on resource boundaries established through
biological evaluation rather than on ownership descriptions.
This approach enhances the potential for maintaining the
integrity of state land investments by minimizing the prospect
that development on adjacent lands will severely diminish the
natural resource value of purchased property.

In the face of population growth and rapid urbanization
that results in permanent loss of important natural areas,
Florida must spend its land acquisition dollars wisely to protect
the integrity of natural systems and manage lands committed to
agricultural and forestry practices. Resource values of natural
areas should can be bolstered through employment of multiple-use
management practices.

Objectives

A.. By 1990, all public lands should be managed to the maximum
extent possible to provide for recreation, conservation and other
multi-use management practices. [State Comprehensive Plan
policies 2 and 6]











EFFECTIVENESS MEASURE:


Percent of public lands under active multi-use management
programs.

B. By 1992, best management practices which are compatible with
and protect wildlife and natural systems will be developed and
implemented for all types of agricultural uses. [State
comprehensive Plan policies 5 and 6]

EFFECTIVENESS MEASURE:

Percent of agricultural uses applying best management
practices.

C. By 1990, identify all significant ecologically intact systems
within the state for the purposes of planning, management and
possible acquisition. [State Comprehensive Plan policies 2 and
10]

EFFECTIVENESS MEASURE:

Number of ecologically intact systems identified.

Operating Policies

1. Give priority to acquisition of land and water areas which
will maintain or protect ecologically intact systems. [DNR, WMDs,
DACS, DOS, GFC, DCA, DER] (Objectives A,.B, C)

2. Prepare and implement multiple-use management plans for all
state lands and aquatic preserves. [DNR, WMDs, DACS] (Objective A)

3. Increase and coordinate technical assistance programs which
provide information on best management practices to owners
of agriculture, silviculture and mining areas. [DACS, WMDs, DER,
DNR, GFC] (Objective B)

4. Establish a statewide wildlife habitat network to
interconnect as many public lands as possible. [DNR, GFC,
WMDs, RPCs] (Objectives A, B, C)

5. Ensure that local government comprehensive plans include
policies for the conservation and protection of natural functions
of soils, wildlife habitat and wetlands. [DCA, DER, DNR, GFC,
WMDs, DACS, RPCs] (Objectives B, C)

6. Provide for as many of the state's diverse habitat types as
possible for maintaining Florida's current complement of
wildlife species. [GFC, DER, RPCs, DCA, DNR] (Objectives A, B, C)



57










7. Discourage the approval of more intense uses for ecologically
sensitive lands which are on existing state or federal
acquisition lists. [DNR, DER, DCA, RPCs, WMDs] (Objectives A, B,
C)

8. Encourage compatible development activities adjacent to
public lands held for conservation and preservation. [DCA, DNR,
DOT, RPCs, WMDs] (Objectives A, C)

9. Ensure that land development planning and review procedures
provide for the protection of wildlife and natural systems.
[DCA, RPCs, DER, DNR, WMDs] (Objective C)

10. Adopt "best management practices" for state lands which are
currently used for agricultural and silvicultural production.
[DACS, WMDs, DNR, GFC] (Objectives A, B)

11. Require development activities to be compatible with the
continued protection, management, and public use of adjacent
public lands held for conservation and preservation. [DNR, DCA,
WMDs, RPCs] (Objectives A, C)

12. Ensure the identification and protection of significant
public scenic vistas and natural wildlife corridors in land
use decisions. [GFC, DNR, DCA, RPCs] (Objectives A, C)























THE WAKULLA SPRINGS WATER QUALITY PROTECTION ORDINANCE


I. BACKGROUND

The Edward Ball Wakulla Springs State Park is located in the
northeastern section of the Wakulla County, and is one of the
largest springs in the United States. The Springs are designated
an Outstanding Florida Waterway. The adopted Wakulla County
Comprehensive Plan designates the State Park as Conservation
lands, with a residential density of one dwelling unit per forty
acres and a non-residential intensity that shall not exceed a
floor-area ratio of 0.05.

High aquifer recharge areas represent approximately 35% of Wakul-
la County, with no recharge areas in the northwestern section.
In the northern section of the county, soils range from the Lake-
land-Ortega-Alphin to the Otela-Alphin-Shadeville, both of which
are well drained. Although these soils are suitable for struc-
tural development, some severe groundwater related limitations
may exist.

The Wakulla County Board of Commissioners has found that the
principle resource of the Edward Ball Wakulla Springs State Park
is its artesian water and related water resources. The related
water resources include surface waters and the sinkhole systems
of the County. On March 8, 1994, the Board of Commissioners
adopted a Water Quality Ordinance. This ordinance is intended to
protect and preserve the water quality and water resources of
Wakulla Springs and its contributory water systems by restricting
and conditioning the use, storage, and disposal of identified
toxic and hazardous chemicals within the designated special
planning area. The Ordinance is not intended to be a prohibitive
one, but a monitoring and reporting mechanism.

A copy of the Ordinance and related newspaper articles are at-
tached.









WAKULLA COUNTY ORDINANCE NUMBER 94-


AN ORDINANCE OF WAKULLA COUNTY, FLORIDA TO
BE KNOWN AS THE WAKULLA SPRINGS WATER QUALITY
PROTECTION REGULATION; WITHIN A DESIGNATED
SPECIAL PLANNING AREA WITHIN UNINCORPORATED
WAKULLA COUNTY TO PROTECT AND PRESERVE WATER
QUALITY IN AND AROUND WAKULLA SPRINGS; AMEND
THE WAKULLA COUNTY LAND DEVELOPMENT CODE;
DEFINITIONS IN SECTION 2-4; IDENTIFYING
THE RESTRICTIVE INTENT IN SECTION 5-1; ADDING
MONITORING, DISCHARGE REPORTING, CLEANUP, AND
ENFORCEMENT PROVISIONS TO SECTION 5-10;
IDENTIFY CONTROLLED TOXIC AND HAZARDOUS
SUBSTANCES; PROVIDE ALLOWABLE QUANTITIES AND
MEASUREMENTS; ESTABLISHING AN APPEAL PROCESS;
PROVIDE SPECIAL EXEMPTIONS FROM REQUIREMENTS;
PROVIDE SEVERABILITY; PROVIDE AN EFFECTIVE
DATE.



WHEREAS, the Wakulla County Board of County Commissioners
finds that The Edward Ball, Wakulla Springs State Park is a
valuable cultural and natural resource and asset to Wakulla
County and the State of Florida; and

WHEREAS, Wakulla Springs is a regionally significant natural
resource with a world wide reputation as a Florida scenic area,
an Outstanding Florida Waterway, culturally and historically
significant, replete with tranquil natural surroundings and
crystal clear water; and

WHEREAS, the Wakulla County Board of County Commissioners
finds that the natural wonder and beauty of Wakulla Springs and
its associated flora and fauna are valuable natural resources
worthy of preservation; and

WHEREAS, the Wakulla County Board of County Commissioners
finds that it is in the best interest of the citizens of Wakulla
County and the State of Florida to protect the primary function
and related aspects of Wakulla Springs, the State Park, the
Wakulla River and its contributories, and the qualities which
make this phenomenon a world renown natural wonder; and





WATER QUALITY ORDINANCE
PAGE THREE

NOW THEREFORE, BE IT ORDAINED BY THE WAKULLA COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:

SECTION 1 LEGISLATIVE INTENT
There is hereby created a new Ordinance to amend Ordinance
85-4, Land Development Code, which shall be known as and may be
cited as the Wakulla Springs Water Quality Protection Regulation
or Water Quality Ordinance. It is the intent of this Ordinance
to be consistent with federal, state, and local government well-
head and aquifer protection regulations.

1. It shall be a violation of this Ordinance to discharge any
substance in a manner that will cause surface or ground water
contamination.

2. The intent of this Ordinance is to protect and maintain the
quality of water resources in Wakulla County, Florida, and to
ensure additional water quality protection to ground water af-
fecting Wakulla Springs by providing objective standards and
measurable criteria for regulating the use, handling, production,
storage, and disposal of toxic or hazardous substances, as iden-
tified in Exhibit A. Exhibit A may be amended by Resolution of
the Wakulla County Board of County Commissioners only by recom-
mendation of County staff and the Planning and Zoning Commission,
and by a four-fifths (4/5) vote of the Board at a duly advertised
public hearing.

3. For the purposes of this Ordinance, it shall be a County
policy that the property owner and/or responsible party shall be
held liable for all activities which contribute to ground water
contamination that occurs on their property through their ac-
tions.

4. It is the intent of this Ordinance to meet or exceed the
goals, objectives, and policies established in the adopted Wakul-
la County Comprehensive Plan.

5. The Wakulla Springs Special Planning Area shall include the
land and surface waters identified in Exhibit B. Exhibit B may
be amended by Resolution of the Wakulla County Board of County
Commissioners only by recommendation of County staff and the
Planning and Zoning Commission, and by a four-fifths (4/5) vote
of the Board at a duly advertised public hearing.






WATER QUALITY ORDINANCE
PAGE FIVE

5. Discharge As defined by FDEP including, but not limited to,
a non permitted discharge, a spill, leak, seep, pouring, misap-
plication, emitting, emptying, cleaning, or dumping of a regulat-
ed substance which may adversely impact ground water quality.

6. EPA U.S. Environmental Protection Agency

7. FDEP Florida Department of Environmental Protection (F/K/A
FDER, DER, Department of Environmental Regulation).

8. Groundwater Water that is found in the subsurface of the
earth, beneath the water table in soils or geologic formations
that are fully saturated.

9. Hazardous Substance Any substance that has one or more of
the following characteristics: ignitability, corrosiveness,
reactivity, or toxicity as defined in 40 CFR, Part 261 (as amend-
ed) and which may have a bioaccumulative effect or harmful per-
sistence in nature.

10. Person Plural or singular, an individual or partnership,
corporation or incorporated association, public or private entity
or similar entities.

11. Regulated Substances A toxic or hazardous substance
regulated by this Ordinance that may cause ground water contami-
nation, including but not limited to:

A. substances or their degradation or interaction products
which because of quality, concentration, or physical/chemical
characteristics (including ignitability, corrosiveness, reactivi-
ty and toxicity) exhibit radioactivity, mutagenicity, bioaccumu-
lative effects or persistence in nature; or

B. those substances set forth in Exhibit A, or the Lists
as amended, entitled Lists of Hazardous Waste (40 CFR, Part 261,
Subpart D), Hazardous Constituents-Appendix VIII (40 CFR, Part
261), and EPA Designation Reportable Quantities and Notification
Requirements for Hazardous Substances Under CERCLA (40 CFR,
302.4); or

C. those substances which have known hazardous properties
as identified by the EPA in 40 CFR 302; or





WATER QUALITY ORDINANCE
PAGE SEVEN

4. Section 2-1, Language and Construction, the Land Develop-
ment Code (LDC) shall be amended to include a Subsection 2-1(10)
which shall state:

(10) Special Planning Areas, such as those special planning areas
associated with Wakulla Springs State Park, presently allow
agricultural, residential, and non-residential development or
land uses. For the purposes identified herein, the term develop-
ment shall have the same definition as provided in Section
380.04, Florida Statutes, 1993. These existing general land uses
shall continue to be allowed consistent with the provisions of
the County Development Code and Comprehensive Plan.

A. Agricultural uses include silvicultural land uses shall be
allowed pursuant to best management practices as outlined in the
publication Silviculture Best Management Practices, 1993; Florida
Department of Agriculture and Consumer Services", and the use of
regulated substances by agricultural or silvicultural interests
shall be consistent with all EPA labeling rules and requirements.

B. However, some land uses are associated with toxic or hazard-
ous substances or materials which could be reasonably associated
with surface or ground water contamination and pollution. Sec-
tion 2 identifies specific toxic or hazardous substances and
compounds which need additional consideration at the time devel-
opment or land use permits are requested to facilitate the re-
view, track the use, and monitor the storage and disposal method-
ology to ensure that every precaution is taken to protect ground
and surface water quality. Within special planning areas, such
uses may be approved subject to approval conditions or restric-
tions to provide the maximum possible protection to water re-
sources.

5. Section 2-4, Definition of Terms, shall be amended to in-
clude:

Special Planning Area Boundaries: A special planning area delin-
eated on an official map or zoning atlas of Wakulla County.
Within such areas, land uses may be restricted in addition to
other land use standards to protect and preserve water quality
in surface and ground water resources. Determinations of the
exact location of the boundary lines of such special planning
areas shall be consistent with the provisions set forth in Sec-
tion 5-2, Wakulla County Land Development Code.





WATER QUALITY ORDINANCE
PAGE NINE

violation of such land use conditions or restrictions shall not
receive additional County land use approval or development per-
mits until the identified violation has been corrected to the
satisfaction of the County.

SECTION 4 EXEMPTIONS AND MONITORING
1. Within a designated special planning area, emergency serv-
ices such as Fire Fighting, Law Enforcement, Emergency Medical
Services, and Department of Emergency Management facilities shall
be exempt from the registration provisions of this Ordinance.

2. The continuous transit or transportation of any regulated
substance shall be exempt from the registration provisions of
this Ordinance provided that the transport motor vehicle is not
located on the same site for more than seventy-two (72) hours.
However, if the vehicle containing the regulated substance is not
regulated by the U.S. Department of Transportation, or Florida
Department of Transportation, or Florida Department of Highway
Safety, then it shall be deemed stationary, not in continuous
transit, and shall require registration and compliance with this
Ordinance.

3. The use of a regulated substance in any vehicle or piece of
agricultural equipment as a fuel or lubricant shall be exempt
from registration.

4. Retail or wholesale establishments that store or handle
regulated substances for resale in the original unopened contain-
er shall be exempt from the registration requirements if the
original unopened container does not measure in excess of five
(5) gallons of liquid or 50 pounds of solid regulated substances.

5. Office uses which include the use of regulated substances
for the maintenance or cleaning of the office building shall be
exempt from the registration requirements.

6. Residential use of regulated substances for cleaning, main-
taining, pest control, or other related residential scale use by
a household that is not a regulated business shall be exempt from
the registration requirements of this Ordinance. However, agri-
cultural operations which store regulated substances in undiluted
quantities exceeding five (5) gallons liquid or fifty pounds of
solid material within a special planning area shall register with
the Department.





WATER QUALITY ORDINANCE
PAGE ELEVEN

1. Pesticides (specifically generic names)
Fenuron
Terbacil
Bromacil
2. Phenolic Compounds

C. Petroleum or petroleum products including petroleum
based solvents shall be reported if discharged in an amount equal
to or greater than five (5) gallons.

D. All other regulated substances listed in Section 2 of
this Ordinance shall be reported immediately if discharged in an
amount equal to or greater than five (5) gallons of liquid or
fifty (50) pounds if non liquid.

E. The Planning Department is established as the contact
point and designee for the reporting of newly formed sinkholes.
Sinkholes shall be reported prior to backfilling. Backfill
material shall be uncontaminated materials of equal or lower
permeability than the surrounding soils.

SECTION 6 Discharge Prevention Practices
1. All regulated businesses shall, at a minimum, inspect hold-
ing containers for regulated substances on a weekly basis. Rea-
sonable assurance that leakage or breakage can be detected, may
be accomplished visually. Containment systems shall also be
checked for structure failure, rust, oxidization, or other visual
signs of failure.

2. New construction and containment of regulated substances,
such as leak-proof trays, floor curbing, and other secondary
containment systems shall be installed under containers of liquid
regulated substances. The secondary containment system shall be
of sufficient capacity to facilitate the volume of stored liquid
plus an additional 3.0 inch rain storm event if stored outdoors.

3. The specific design and selection of materials shall be
appropriate to preclude a regulated substance from being dis-
charged into the environment. Containment systems shall be
operated in such a manner that rainfall or external moisture can
be managed. These requirements shall apply to all production,
storage and handling areas, loading areas, and storage tanks or
facilities located above or below ground.





WATER QUALITY ORDINANCE
PAGE THIRTEEN

6. Well abandonment within Wakulla County shall be coordinated
through the Northwest Florida Water Management District.

7. All geotechnical borings within the Wakulla Springs Special
Planning Area that are deeper than 25 feet shall be neat cement
grouted to the surface to prevent downward migration of contami-
nants along the borehole. All borings less than 25 feet in depth
shall be backfilled with the original drill soil to the surface
of the boring to prevent the creation of a sump. If a boring is
made through an impervious surface (asphalt or concrete), the
patch shall be made with similar materials. If contamination is
detected in any geotechnical boring, the contaminated soils shall
not be used as replacement material. The contaminated site shall
be reported to the Department pursuant to the reporting require-
ments of this Ordinance.

8. The discharge of regulated substances into a septic tank or
individual sewerage disposal facility shall constitute a viola-
tion of this Ordinance. If upon testing, a regulated substance
is identified in the septic tank or drain field to the extent
that the violation may reasonably cause ground water contamina-
tion, the property owner or tenant may be required to conduct an
investigation or analysis as required in Section 7 of this Ordi-
nance. Floor drains, grease traps, and oil/water separators
shall be constructed to prevent the infiltration of regulated
substances into septic systems, soil, surface, or ground water.

9. Regulated businesses and users of regulated substances shall
keep sufficient records to show inventory, proof of proper dis-
posal or recycling. Inventory and manifest documentation may be
required pursuant to the Resource Conservation and Recovery Act
(RCRA), 40 CFR, Part 262, Subpart B. However, where the business
is not required to document pursuant to RCRA requirements, the
method of record keeping shall be sufficient to allow inspectors
to determine if regulated substances have been disposed of in
compliance with all federal, state, and county laws.

10. Cleanup or remediation of a contaminated site shall begin
within seven (7) days pursuant to the following criteria:
a. Any affected ground or surface water shall be remediat-
ed to background water quality; and
b. Any affected soils shall be remediated using best
available technology; and






WATER QUALITY ORDINANCE
PAGE FIFTEEN

Failure to take immediate remedial action shall be found to
be a violation of this Ordinance. In such a case, the Planning
Director or Emergency Management Director may determine that an
imminent danger to health, safety, and welfare of the public
exists and may enter upon such lands, assess the situation, take
corrective actions, and cause the placement of a lien upon such
real property of the person or persons responsible to adequately
recover the cost of the corrective actions and related legal
fees.

5. Any lien issued pursuant to this Ordinance shall be imposed
only after notice has been given to the owner of the property,
and the owner has been given a reasonable opportunity to be
heard. Such lien shall be recorded with the Clerk of the Circuit
Court and may be enforced under the provisions of Chapter 125,
Florida Statutes.

6. When completion of all corrective action is confirmed by the
County and/or Department of Environmental Protection, the County
shall issue a notice of compliance in conjunction with FDEP's
Site Rehabilitation Completion Order pursuant to Rule 17-770,
F.A.C. A notice of compliance shall cancel the notice of viola-
tion.

7. Any person violating any provision of the Ordinance shall be
punished as provided by law. Each day that a violation continues
without verified remedial action shall be considered as a sepa-
rate offense for purposes of this Ordinance. No building permits
or development orders for new business or occupational license
shall be issued by the County on a site on which a violation
exists. An injunction by the County or by an affected property
owner may be sought in conjunction with the enforcement of this
Ordinance. Enforcement of this Ordinance shall be by the County
in addition to any other existing federal or state enforcement
rules or procedures.

Severability and Effective Date:
a. If any part of this Ordinance is for any reason held in-
valid, such part shall be deemed a separate and distinct provi-
sion and shall not affect the validity of the remaining portion
or portions of this Ordinance.

b. This Ordinance shall take effect as provided by Section
125.66, Florida Statutes, but not sooner than 10 days from the
date of enactment.










Chemical Names of Regulated
Ordinance


Substances Recommended for the Wakulla Springs Protection


Trichloroethylene
Tetrachloroethylene
Carbon Tetrachloride
Vinyl Chloride
1,1,1-Trichloroethane
1,2-Dichloroethane
Benzene
Ethylene Dibromide
Acrolein
Acrylonitrile
Bromodichloromethane
Bromoform
Bromomethane
Endosulfan Sulfate
Chlorbenzene
Chloroethane
2-Chloroethylvinyl ether
Chloroform
o,p-DDT,DDE & DDD
Chloromethane
Dibromochloromethane
Endrin Aldehyde
Dichlorodifluoromethane
1,1-Dichloroethane
Heptachlor Epoxide
1,1-Dichloroethene
trans-1,3-Dichloropropene
1,2-Dichloroethene
1,2-Dichloropropane
cis-1,3-Dichloropropene
Ethylbenzene
Methylene Chloride
1,1,2-Trichloroethane
Trichlorofluoromethane
Aldicarb(non-extractable)
Xylene's (total)
Toluene
Methyl tertiary butyl ether (MTBE)

Styrene
Formaldehyde
Kelthane (Dicofal)


Acenaphthene
Acenaphthylene
Anthracene
Benzo(a)anthracene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Benzo(a)pyrene
Benzp(g,h,i)perylene

Benzidine
Bis(2-chloroethyl)ether
Bis(2-chloroethoxy)methane
Bis(2-ethylhexyl)phthalate

Bis(2-chloroisopropyl)ether
4-Bromophenyl phenyl ether
Butyl benzyl phthalate
2-Chloronaphthalene

4-Chlorophenyl phenyl ether
Chrysene

Dibenzo(a,h)anthracene
Di-n-butylphthalate

1,3-Dichlorobenzene
1,4-Dichlorobenzene
1,2-Dichlorobenzene

3,3-Dichlorobenzidine
Diethylphthalate
Dimethylphthalate
2,4-Dinitrotoluene
2,6-Dinitrotoluene

Dioctylphthalate
1,2-Diphenylhydrazine

Fluoranthene
Fluorene
Hexachlorobenzene


Aldrin
a-BHC
b-BHC
g-BHC
d-BHC
Chlordane
4,4'-DDD
4,4'-DDE
4,4'-DDT
Dieldrin
Endosulfan
Endosulfan II

Ethion


Trithion

Tedion



Heptachlor


Toxaphene
PCB-1016
PCB-1221
PCB-1232
PCB-1242
PCB-1248
PCB-1254
PCB-1260



Malathion
Diazinon
Parathion
Guthion


EX1H1317T-t\ I









1,2-Dibromo-3-Chloro- Mercury and Mercury Compounds
propane Hexachlorobutadiene
1,1,2,2,-Tetachloroethane
Hexachloroethane
4-Nitrophenol Hexachlorocyclopentadiene
Pentachlorophenol Indeno(1,2,3-cd)pyrene
Phenol Isophorone
2,4,6-Trichlorophenol Naphthalene
2-Chlorophenol Nitrobenzene
2,4-Dichlorophenol N-Nitrosodimethylamine
2,4-Dimethylphenol N-Nitrosodi-n-propylamine
2,4-Dinitrophenol N-Nitrosodiphenylamine
2-Methyl-4,6-Dinitro-phenol
Phenanthrene
Pyrene
2,3,7,8-Tetrachlorodibenzo-pdioxin (Dioxin)
1,2,4-Trichlorobenzene









Generic Regulated Substances


Regulated substances shall also include the generic items listed below and by-products, reaction products,
and waste products generated from the use, handling, storage, or production of these items.


Acid and basic cleaning solutions
Arsenic and arsenic compounds
Bleaches, peroxides
Oils/Greases/Lubricants
Casting and foundry chemicals
Cleaning solvents
Cutting fluids
Disinfectants
Explosives
Fire extinguishing chemicals
Fuels and additives
Greases
Industrial and commercial janitorial supplies
Inks, printing and photocopying chemical
Medical, pharmaceutical, dental, veterinary,
and hospital solutions
Oils (petroleum base)
Wood preservatives, paint solvents and
paint removing compounds
Plastic resins, and catalysts
Photo development chemicals
Roofing chemicals and sealers
Tanning industry chemicals
Used Batteries


Antifreeze and coolants
Batteries
Brake and transmission fluid
Brine solution
Caulking agents and sealants
Corrosion and rust prevention compounds
Degreasing solvents
Electroplating solutions
Fertilizers
Food processing wastes
Glues, adhesives, and resins
Hydraulic fluid
Industrial sludges and stillbottoms
Laboratory chemicals
Metal finishing solutions

Paints, primers, thinners, dyes, stains
Pesticides and herbicides

Plasticizers
Pool chemicals
Solders and fluxes
Transformer and capacitor oils/fluids











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_u i0 ~ Yr Il u Iudy ac 1B a 0 cwwvill.nrrl


Park Protective Zone


Is Adopted By Board


By KEITH BLACKMAR
Wakulla County Commis-
sloners voted 3-2 to support a
new protertlve zone near
Wakull;i Spings State Pnrk
Tuesday, March 8 hut not
before connecting their vote
toa request that the park hook
up In county sewage treat-
met.
Park officials are in the
process of acquiring a new
$300.000 sewage package
plant that would treat the
park waste near Highway S1.
it would replace outdated
septic tanks that state and
county officials fear are
leaking into the Wakulla
River.
Although the construction
on the package plant has not
yet begun, the funding has
*w*


been acquired andl the state
permitting completed.
While state officials atten-
ding the public hearing
March I supported the protec-
tive anne. they were much
less enthusiastic about being
required In change their
sewerplans.
The new ordinance is
designed to address commer.
cial establishments that pose
a potential pollution threat to
Wakulla Springs, the feeder
streams around it and the un-
derground cave system. The
ordinance is designed to
regulate specific substances
by requiring the owner to
record the location if all the
substances on property
within the tone. The ordin-
ance also addresses monitor-
ing and container require-
***1


County, State Battle

Over Sewer Plant
Py n1EV ItI.Y IttWSON the county which would allow
ati* w.wl- them tu build a sewage
Wakulla Springs State Park treatment facility within a
has apparently been "caught conservationarea.
in u loop with regulations they But the construction of the
helped DCA develop" for the plant wld bea violationof the
county's camp plan, accor. county's land development
ding to Wukulla County Plan- code. and commissioners
ningDirector EdMills. were not leaning favorably
With an existing septic tank towards the ideaat a Monday,
system not meeting sewage March 14workshop.
demands. the Springs Is "I'm not gning to reverse
desperately trying toobtaina my position." said Com-
ncnditinral use permit Ifmni .__ -. M. *a


ments.
Wakulla County Planner
Ed Mille has worked with a
number of state agencies In
an effort to get input frm as
many environmental experts
aspossible.
Mills said the ordinance
will have no effect on residen.
iUalpropertyowner. "it'snot
a prohibitive ordinance." he
added. "We're setting stan-
dards for containment...
where they're storing and
how they're storing ma-
torlals."
Jim Stephenson of the
Florida Department of En-
vironmental Protection
(DEP) said "the department
commends Wakulle County
Commissioners...propoail to
protect Wakull Sprlngs. It's
a very progressive ordin-
ance."
Stephenson and several
state officials presented a
slide show and video tape to
county commissioners as
they did for the planning
commission several weeks
ago.
Stephenson and his asmo-
ciate* described the under.
ground make-up of Wakulla
Springs and the cave system
that feeds the springs and
Wakulla River.
Many residents In the
audience of about 50 people
said they supported the
board's effort to provide
protection for the springs.
"I live in the sone and sup-
port the county planning
department's efforts,".said
Debra Swim. "We don't need
wPlewi smIoPl" 14


rr Ki %ii 6111111i f ulnily



-MR.

1M


Otter Lake Picnic Area Has seen The Site Of N


Refuge

Plans Upset

Residents
Several closings within the
Panacea area othe St. Marks
National Wildlife Refuge
have got some Wakulla Coun-
ty residents and fishermen
voicing their protests.
The Otter Lake picnic and
restroom facilities were of-
ficially closed as of Tuesday,
March 15. but the date for the
closing of the Fiddlers Point
boat ramp, located on Bot-
toms Road and known as Por-
ter's Islaend has not yet been
scheduled. Also now closed to
vehicular traffic are Isolated
ponds within the refuge's
PanaceaUnit.
The Otter Lake boat ramp
will remain open. but an
Aucills River public boat
ramp, located in the refuge
and regulirly used by
Wakulla County fishermen.
will be closed ata later datn.
"We hate to see it closed."
James Taylor of Panacea
auid of the Otter I.nlk and
Plddlcrs Poinl/Parter's


Sign Informs Of This V
IslandclisinlRs. "People nerri 9r.
some pluCe tito gt in the w; iir th,
for floundering and eve,.i ilh,
thing else, I Inoks like the :.;
federal government is Ir-;v. til
in us with nothing."
Wakullo Conmmrrrin;l l il lit
ermnn's AmN.N,. itn t


Walker Seeks Seconc
County Judge Jill Walker '
announced this week that she
is seeking a sre.,nd term in of-
fice. Wa.lk.er, IMO rraduater .


__
__


__


~P~b~a~Pi~~~iiq~"~;;.





P. 2/4


MAR 17 '94 02:42PM WAKULLA P&Z
Page 14-THE WAKULLA NBWB Thburday, March 17, 194


Protective-


caosued frem Paus
to delay the Wakulla Springs
areas while working on a coun-
tywide protective ordinance.
Contaminants move very
quickly in that area. we know
that. People that live in that
area got their water out of

Battle--
CUlk ed hrm Page I
missioner Greg Dichl. "If we
permit you, we permit theirs
(developers who wish to put in
ewnlle treatment plants in
other conservation areas
within the county). It's not
fair tosay 'ye' toyou and'no'
to anyone else. We may save
the Springs but at the cost of
development In the rest of the
county."
Curm missioners suggested
that the slate divert funds
allocated for the construction
of the sewage plant at Wa-
kulla Springs to a regional.
county owned and operated
plant.
Commission Chairperson
Sharon Thompson argued
:that the state will be "double
s pending" taxpayers' masey
by putting in a system of Its
own, when the county may be
constructing a sewage treat.

Kirton

Gets Okay
A rezoning request for a
commercial travel trailer
park on property across from
Wakulla Springs was granted
approval by the Wakulla
County PlanningCommission
Monday, March 14.
The property, which has
been referred to as Kirton's
.orncr by some, has been a
source of controversy for
developer Ken Kirton.
Kirton said the camping
spaces would not be
S"Jammed" nest t each other
and as many trees *a possible
; would be saved from cutting.
"You won't see the property
change very much asthet.
cally." he told the planning
cnmissiuners.
lie also told Planning
Commissioner Scott Causey
that no "mom and pop"
grocery store would be con-
structed and that he has no
plans to Store any petroleum
products on the property. He
did say a horseback riding
trail may be worked Into the
property.
Planning Director Ed Mills
recommended approval sub-
ject to certain conditions.
saying the RV park use could
"actually be compatible with
the Springs."
Kirton was granted the
rezoning with the addition of
conditions which address
development within wetland
areas of the property, under-
grmund petroleum storage or
pumping facilities. storm-
water management, signs,
retail sales facilities, further
division and sale of the
property, an RV pumpout
facilityand more.
S The 6.71 acres of property
designated for the travel
trailer park is located on the
northwest corner of State
Romnd2l andCounty Roadat.

Club-


privatewells."
Propertyowner Ken Kirton
hopes to be able to use several
acres of land at the Intersec-
tion of lihway 267 and He
feels his property is in the
protective zone but he isn't
completely sure.



ment plant In the near future.
"It's not feasible for the
state to spend money to do it
when a system will be on line
a few months down the road."
she said. "It may be Im-
possible (for the state to
divert the funds i, the county)
but it's worthashot."
Thompson surprised those
attending by announcing that
a prison facility the county
has been eakhing 1I4 "JO8.n
deal" and maid the county
would bring In additional
revenue from the prison and
Wakulla Springs iF the county
Constructed its own waste.
water treatment plant and
water facility.
But Division of Recreation
and Parks, Design and Con-
struction Dureau Chief F.
Mike Bullock said in his 22
years with the state he does
not know of any case in which
the siate has diverted fund. to
a local government for such a
purpose.
He told commissioners the
Springs would be without an
adequate sewage treatment
facility during the time the
county' facility i being
built. He laid the state would
take the package plant out of
the Springs and relocate It at
another mite at the time a
regional facility is construc-
ted. "When the regional
System is ready, we'll tie in."
hesaid.
He suggested the county
put conditions on the con-
ditional use which would
require the Springs to tie In to
the regional system within a
Certain number ol years.
Commissioner Diehl
chastised the state for not ap-
lying for a county permit
o lgninga contract for
the construction of the plant.
"The county never has any
Idea what the state is doing,"
he said. "The state impacts
the county any way they feel
necessary. The state needs to
at some point realize they
needtocommunlcatewith the
counties."
Bullock smid the failure to
obtain the conditional use
permit from the county
before the sewage treatment
facility contract was signed
was "something that was not
addressed properly" and
apologized tocommissioners.
"We felt earlier correspon-
dance gave you an under-
standing of where we were
going wilththe park," hesid.
Diehl said the commission
"can drag it out" if the state
tries to sue the county over
the matter, which would
possibly give the county time
to get a sewage treatment
system constructed.
Thompson suggested the
state "be creative" when
diverting the funds to the
County.
A Stggestiom was made that
the Sprlns install several
*sptls uinks to help them with
uewage problems until a
regional feacllty is eveltable.
Plannalng (trertr Ed Mills


"The proposed boundary
does not contain a legal
description that a registered
surveyor may follow to see
what property is affected,"
said Kirton. "The proposed
boundary is arbitrary and not
based on supportable scien-
tific evidence. The ordinance
should be countywide and not
Just targeted for this one
area."
Kirton Claimed that the ac-
tion is a poorly disgulaed ef-
fort by the sate to expand
park property by devaluing
surrounding property. He ad-
ded that he felt the county was
retroactively attempting to
eliminate possible uses forhis
property.
Park Manager Sandy Cook
responded to the board
request that the park change
the direettion of their eawago
package plant by saying that
the state was Just about ready
to begin the construction
phaseof the package plant.
Rut Commissioners Burl
Vaughn and Greg Diehl said
they felt the state should set
an example by taking their
sewage treatment off the
property.
They aid theycould notask
residents to follow restric-
tions when the state was
treating sewage within the
park boundaries.
Several individual attend-
ing the public hearing ex-
changed questions about the
ordinance, the enforcement
and the impact It would have
on the county.
Resident Dorothy Routh
responded to Ken Kirton's
queries by stating that the
county should name the new
document the "Kirton Or-
dinance."
Larry Payne of St. Joe
Paper Company expressed
concern over the ordinance.
"Weobeetto another layerof
regulations," be told the
board.
Stephenson addressed the
sewage concern by saying
that state officials want to
remove effluent from the
park. "We simply didn't have
the money" to build anything

Walker -
Cettiued ham Pame
and procedure. including the
Supreme Court approved
forms for parties reprepen.
tlngthemselvei.
"I am honored that the
people of this county elected
me to serve and have respec-
ted the Independence that a
SJudge must have to make fair
and impartial decisions. I
look forward to containing to
serve in this same tradition,"
said Walker.


more than a package plant, he
noted.
Commissioner Diehl sug-
gested sending the park
effluent through sewer lines.
that have not yet been con-
structed, to shadeville
Elementary School where
they could be treated. Long
range go als, said Diehl.
would be to send the sewage to
Crawfordville and eventually
to the county sewage treat-
mentplant inOtterCreek.
"Wakulla Springs in n
jewel.' said Commtsiloner
Joe Blanchard. "Not a
Wakulla Countyor state jewel


but it's a global Jewel. We "I
need to do what we can do to takil
protectit." thert
"I want to protect the fact
Springs." said Commissioner wns
Lichl. "It's all because ne or requi
two individuals are not doing n
the right thing. They've split Vaui
the community and they've in fi
given developers a had Ano.
name." a;.'
"We need to hold the Stale ron
of Florida's feet to the fire." the I
he continued. "It helps the but
Springs and it helps Wakulln nplcn
County. They culd put hlkin their
trails inteadof a sewerplant She
outthere." wear


Patricia's


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e
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Beautiful Downtown Crawfordville At The Light 8 a.m

Wakulla's Moest UnusuC


NOTICE OF ESTABLISHMENT OF REGULATION
AFFECTING THE USE OF LAND
WITHIN WAKULLA COUNTY, FLORIDA

The WAKULLA COUNTY BOARD OF COUNTY COMMINIUQNKILSH prnpar- tn adnpt or nmr.nd 1i
Regulations The intent is to protect and preserve water quality in the unincorporated an-n ofd Wa;ktll:*
areas n quationm nrwotixuou or adjacent to The Edward Ball. Wakulla Springe aStS Park. Tnhe.
be within a c idor alung the contributory strenmn and sinkhole syii'em that prnidr .'nhr t,, Ws.kullI
County Board of County CommissiOnerm may elfet to revesit tllh enditi.ms rwlalihd"d on Ihe alfrv' I of
March 8. 1994 public hearing. The ordinanr manry m e viewnd nt th- Planning Depaualetr. (4%wflrdkl
WACULLA COUNTY ORDL ANWC
i mndd A


I -






02:43PM WAKULLF P&Z


ieni plant In the nearfuture.
state to spend money to do it
When a system will be on line
us Iaa afew months down the road,"
,real she said. "It may be inm-
Snot possible (for the state to
I'no' divert thefunds tothecounty)
ave but it'sworthashot."
it of Thompson surprised those
the attending by announcing that
a prison facility the county
,ted has been seeking is a "done
inds deal" and said the county
-lion would brink in additional
Wa- revenue from the prison and
'nal. Wakulla Springs if the county
;ated constructed its own waste-
water treatment plant and
,',tn water fac.lity.
.ied but Division of Recreation
alhe aind Parks, Design and Con-
,ncy struction Bureau Chief F.
r its Mike Bullock said in his 22
v hr years with the state he does
esit. r.il knnw ninny cnoc in which
the site hue diverted funds to
a local government for such a
purposeC
lie old commissioners the
Springs would be without an
,idequute sewage treatment
r a ifcinlity during the time the
.lier county's facility is being
.', built. le said the state would
,d take the package plant out of
.l.i the Springs and relocate it at
.lion another site at the time a
regional facility is construc-
has ted. "When the regional
on's system is ready, we'll tie In."
n a he said.
Sfor He suggested the county
put conditions on the con-
ditional use which would
ping require the Springs to tie in to
be the regional system within a
otherr certainnumber of years.
:mibil Commissioner Diehl
i'ing. chastised the state for not ap-
"'ert plying for a county permit
thet- before signing a contract for
dining the construction the plant.
"The county never has any
'ning idea what the state is doing."
,usey he said. "The state impacts
iop" the county any way they feel
con- necessary. The state needs to
is no at some point realize they
elaum need to cummunicte with the
y. He counties."
hiding Bullock said the failure to
to the obtain the conditional use
permit from the county
Mills before the sewrag treatment
I sub- fnu:ility contract was signed
ions, was "something that was not
c,auld addressed properly" and
with apologized ncommillones.
"We felt earlier correspon-
.I the dence gave you an under-
ion of standing of where we were
dress going withthe park." he sa
'land Diehl said the commission
nder- "can drag it out" I the state
ige or tries to sue the county over
torm- the matter, which would
signs. possibly give the county time
farther to get a sewage treatment
.-(the system constructed.
ut Thompson suggested the
state "be creative" when
"pCrty diverting the lunds to the
travel county.
nn the A suggestion Was made that
State the Springs install several
nadt4. septic tanks tahelpthem with
sewage problems until a
nata f.alttly is vattae.
..... -..,. *......, at..


"The proposed boundary
does not contain a legal
description that a registered
surveyor may follow to see
what property Is affected."
said Kirton. "The proposed
boundary Is arbitrary and not
based on supportable scien-
tific evidence. The ordinance
should be countywide and not
just targeted for this one
area."
Klrton claimed that the ac-
tion is a poorly disguised ef-
fort by the state to expand
park property by devaluing
surrounding property. He ad.
ded thathe felt thecounty was
retroactively attempting to
eliminatepossible uses forhis
property.
Park Manager Sandy Cook
responded to the bourd
request that the park change
the direction of their sewage
package plant by saying that
the state was just about ready
to begin the Construction
phase fthe package plant.
But Commissioners Burl
Vaughn and Greg Dichl said
they felt the state should set
an example by taking their
sewage treatment off the
property.
They Hid they could not ask
residents to follow restric-
tions when the state was
treating fSlawaR within the
park boundaries.
Several Individuals attend-
ing the public hearing ex-
changed questions hoult the
ordinance, the enforcement
and the impact It would have
on the county.
Resident Dorothy Routh
responded to Ken Kitton's
queries by stating that the
county should name the new
document the "Kirton Or-
dinance."
Larry Payne of St. Joe
Paper Company expressed
concern over the ordinance.
"We object to another layer of
regulations." he told the
board.
Stephenson addressed the
sewage concern by saying
that state officials want to
remove effluent from the
park. "We simply didn't have
th money" to build anything

Walker --
Ceunniz bar fPe I
and procedures Including the
Supreme Court approved
forms for parties represen-
ting themselves.
"I am honored that the
people of this county elected
me to serve and have respect
ted the independsnce that a
SJudge must have to make fair
and Impartial decisions. I
look forward to continuing to
serve In this same tradition."
aid Walker.


more than a package plant, he
noted.
Commissioner Diehl sug-
gested sending the park
effluent through sewer lines,
that have not yet been con-
structed, to Shedeville
Elementary School where
they could be treated. Long
range goals, said Diehl.
would be to send the sewage to
Crawfordville and eventually
to the county sewage treat-
ment plant InOtter Creek.
"Wakulla Springs is a
jewel,' said Commissioner
Joe Blanehard. "Not a
Wakuillan Cunty or state jawei


but it's a global jewel. We
need to do what we Can do to
protectit."
"I want to protect the
Springs." said Commissioner
Diehl. "It's all because one or
two individuals are not doing
the right thing. They've split
the community and they've
given developers a bad
name."
"We need to hold the State
of Florida's feet to the fire."
he continued. "It helps the
Springs and it helps Wakulla
County. They could put hiking
trails instead of sewer plant
nut there."


"l'm just worried we're
taking the wrong road to gem
there." said Blanchard of the
fact that the protective zone
was connected to the sewage
request.
In the 3-2 vote, Dichl.
Vaughn and Blanchard were
in favor while Comnillsalner
Angie Chappell voted
against. Commissioner Sha-
roa Thompson dlil not attend
the board meeting formally
but did cast a vote through nn
open door in the back room iof
the commission chambers.
She has been under the
weather.


NOTICE OF ESTABLISHMENT OF REGULATIONS
AFFECTING THE USE OF LAND
WITHIN WAKULLA COUNTY, FLORIDA

The WAKULLA COUNTY BOARD OP COUNTY (COMMISSIONERS propose to adopt or amend the Land D'velnpment
Regulations. The intent is to prntect and preserve water quality in the unincorporated arnas nf Wakuillrn Cunty, Flridn The
areas in quetian arm cnntiguous or adjacent tn The Edward Ball, Wakulla Springs Stte Park. The anffrrtd area may nino
be within a corridor lung the contributory otrrams and sinkhole system that pmrvides water It Wakulla Springn Thb, Wnkitil
County Beard of County CommisMiontero may elect In rrvisit Ihr rnnditiann nrtablishrrd n the approval of fI ,rrdinnnce nl Ihi
March A. 1994 public hearing. The ordinance nman be vvwtnl at the Planning lippartmirnt, (:rawl-rnlvilll., Flordia :2127

WAKULLA COUNTY ORDINANCE
NUMBER 94-( i I __
ANI N ll(M NAN'Rlt WAKlil.l.AE'A'NTY.,FI.ilATO tWM- II


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with a $15 Minimum to all Wakulla schools, hospitals and funeral homes.

WAKULLA'S LARGEST PROFESSIONAL FULL SERVICE FLORIST
FRESHEST UVE FLOWERS IN TOWN (ARRIVING DAILY)
Cards Baloons e Plums Toys Party Supplies ilk Flowers Floral Supplies
C Dried Flowers Potpour Dih Gaerden Live Plants Oark Mounttin Craft Dolls
Beautiful Downtown Crawfordvllle At The Ugnt 8 a.m. 7 p.m. Mon.-Sat

Wakulla's Most Unusual Store


4'


- -






-change very much aestheti-
: call" he told tht planning
- commissioners
He also told Planning
Commissioner Scott Causey
that no "mom and pop"
grocery store would be con-
atrncted and that he has no
plans to store any petroleum
products on the property. H
did say a horseback riding
trail may be worked into the
property.
Plining Director Ed Mills
recommended approval sub-
ject to certain conditions.
laying the RV park use could
"actually be compatible with
theSprings."
SKirton was granted the
retlling with the addition of
:conditions which address
'development within wetland
Sreas of the property. under.
.ground petroleum storage or
pumping Iacilities, storm-
:ater management. signs,
retail sales families, further
division and sale of the
property, an RV pumpout
facility and more.
The 6.71 acres af property
-Iesiinaled for the travel
aisller park is located on the
:northwest corner of State
:oad 27 and CountyRoad 61.

Club--

:pis and pool facilities as wll
as thedriving range.
.: Notalloftheinvetors were
"kble to attend the ground-
breakiog ceremony bu those
attending included Diehl and
.wife Laura, Ray Boles,
rewardd Sapp and daughter
o6.my. Joanne Strickland,
-hle[ma Gaupin. Butch Taff.
Cruddy Tooke. John Mooshie.
j:eln and Kerry Gaby. Terry
=irring and Walt Dickson.


piiind Jur a cu*-. pLuni.
before signing a contract for
the construction of the p lant.
"The county never has any
idea what the rute is doing.
he said. "The state impacts
the county any way they feel
necessary. The state needs to
at some point realize they
needtocommunicate with he
counties."
Bullock said the failure to
obtain the conditional use
permit from the county
before the sewage treatment
facility contract was signed
wu "something that was not
addressed properly" and
apolotied tocommissioners.
"We felt earlier correspon-
deoce gave you an under.
standing oa where we were
goion with the psrk," he sad.
Diehl said the commission
"can drag i out" if the state
tries to sue the county over
the matter, which would
possibly give the county lime
to get a sewage treatment
system constructed.
Thompson suggested the
state "be creative" when
diverting the funds to the
county.
A suggestion was made that
the Springs lustall several
septic tanks to help them with
sewage problems until a
regional facility Is available,
Plannin Director Ed Mills
Iaidthe Springs' existingsep
tic tank In violatonkof couno-
ty code and additional eptic
tanks would not be allowed at
thatsite.
"We need to be thilkina
about the future of the whole
county," Vaughn told state
officials. "I'd like to see
Wakulla Springs join with us.

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the money" to bLild anything

Walker--
Ceatlawed t'r Pa* I
and procedures including the
Supreme Court approved
forms or parties represen-
tingthemselves.
"I am honored that the
people of this county elected
me to serve and have respec-
ted the independence that a
judge must hive to make fair
and impartial decisions. I
look forward to continuing to
serve in thi same tradition."
saidWalker.


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Cards Balloons Plush Toys 0 Paty Supplies Silk Flowers Floral Supplies
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Beutiful Downtown Crwfordville Al The Light I8 .m.- 7 p.m. Mon.-Sat

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NOTICE OF ESTABUSHMENT OF REGULATIONS
AFFECTING THE USE OF LAND
WITHIN WAKULLA COUNTY, FLORIDA

The WAKULLA COUNTY BOARD OF COUNTY COMMISSIONER propose to adopt or amend the Land Development
iegulitiona. The intent is to protect and preserve wanr quality in the unincarporated areas of Wiaull County. Florida. The
areas in question are contiguous or edjicent to The Edward Ball, Wkulli Sprinog State Park. The affected are may lso
be within a corridor aloa thecontributory strems and sinkhole system that provides wer to Wakulta Springs. The Wakulls
County Bozd of County Commissionera may electto reviit the enditions established on the approval ofthe ordinance at the
Much ., 199 public hearing. The ordinance may be viewed at the Plnning Department, Crafordille, Florida 32327.

WAKULLA COUNTY ORDINANCE
NUMIBERB ) "4 4" )-." ,
ANORDINANCEOF WAKULLA COUNTY, FLORIDATO -- ----.-- --
BE KNOWN AS THE WAKULLA SPRINGS WATER
QUALITY PROTECTION REGULATION; WITHIN A -- S-
DESIGNATED SPECIAL PLANNING AREA WITHIN "' *
UNINCORPORATEDWAKULLACOUNTYTO PROTECT --
AND PRESERVE WATER QUALITY IN AND AROUND .S B '
WAKULIASPRINGS;AMENDTHEWAKULLACOUNTY .. --1
LAND DEVELOPMENT CODE; DEFINITIONS IN SEC- .I r c u J
TION 2-4; IDENTIFYING THE RESTRICTIVE INTENT B
IN SECTION 5-1; ADDING MONITORING. DISCHARGE
REPORTING, CLEANUP, AND ENFORCEMENT PROVI- ..
SONS TO SECTION 5-10: IDENTIFY CONTROLLED
TOXIC AND HAZARDOUS SUBSTANCES; PROVIDE '
ALLOWABLEQUANTITIESANDMEASUREMENTS;ES..
TABLISHING AN APPEAL PROCESS; PROVIDE SPE- mcz uncna MuS
CIALEXEMPTIONSFROM REQUIREMENTS;: PROVIDE
SEVERABILITY; PROVIDE AN EFFECTIVE DATE. MM

A public hiring is scheduled before the Wakulla County Board of P F S
County Commis ionesoo Tueedar ,Marchlest. l104at iOT pa. The v- **"'
publichearingwill being he BoardChaobers located behindtheCounty 'Fs"
Courthouse. southwest of the interaction of 1.S. 319 and Arran Road. __

All interested parties ar cordally invited to present their commentsand concerns at the pu blicheanng acheduledabove. Anyone
wishing toappeal an actianoftheBoad on this matter must insure that verbatim record ofthe proceedings is made Additional
infonnation and comments may be made to the WakuU County Planning Department at '904 926-3695







SC/Monday, February 28,1994


What's behind designating


an area as a green line?


Next Tues-
day. Wakulla
County will co-
sider a progres- a
sive move to
protect its un-
derground
drinking water
supplies.
If the com-
mission votes to luli
do it, the county Hauserman
will become the
first in Florida s' "
and the first
In the nation to designate a
"green line" to protect the cave
system that leads to Wakulla
Springs. The green line starts at
the Leon County line and runs to
Wakulla Springs.
Btsineses that stockpile chem-
icals, such as gas stations and dry
cleaners, would be required to un-
dergo strict scrutiny inside the
green line, and they'd have to mon-
itor their chemical use.
The green line has already
been approved by the county's
planning commiion, and Wakulla
County Commission Chairwoman
Sharon Thompson said there's sup-
port among her colleagues for the
green line.
"I think all the counties should
take necessary actions to keep
things from happening in the first
place, instead of spending twice as
much money in having to clean it
up." Thompson said.
Dark watems
Interestingly, a natural event
Triggered concern about the county'
* underground watery network. In
1991, the waters coming out of Wa-
Skulla Springs were so dark that the
glass bottom boats couldn't run 52
Percent of the year.
State. federal and county envi-
r ronmental investigators decided that
the event was natural. The dark wa-
Ster in the springs comes from the
typical black water streams of the
region, which flow into sinkholes in
the northern part of the county and
bubble up at Wakulla Springs.
Everyone in what came to be
called the Wakulla Springs Working
Group was interested in getting a
good picture of how underground
caves in the region connect up with
Wakulla Springs.
! -


Mysterious watem
Wakulla the name that the
Native Americans gave to this re-
gions- means "mysterious waters."
But now, some of the mystery has
been solved. Cave divers and envi-
ronmental experts say they've
mapped a series of underground
cave connections that show that Wa-
kulla Springs is hydrogeologically
connected In Big Dismal Sink in the
Apalachicola National Forest, just
over the Leon County line.
Last fall a landowner named
Ken Kirton announced his plan to
build a gas station at the intersecon
of State Road 267 (Bloxham Cutoff
and County Road 61 (Wakulla
Springs Highway) right near Wa-
kulla Springs. Gas stations have un-
derground storage tanks, and that
prospect worried the people who
were mapping the cave systems
spreading out from Wakulla Springs.
The county denied the gas sta-
tion request and Wakulla County
Commissioner Angela Chappell pro-
posed a one-mile-wide protective
mone around Wakutla Springs State
Park. The experts in the Wakulla
Springs Working Group said a mile.
wide mne simply wasn't enough,
knowing what they did about the
vast cave system. They came up
with their own map, and the green
line was born.
"I'm not aware of this happening
anywhere else in the country where
a cave system is being protected by
zoning like this," said Jim Stevenson,
chief of resource management for
the state Department of Environ
mental Protection.
Commission Chairwoman
Thompson said there's support for
the proactive approach to protecting
the county's drinking water.
"The people who live in that area
(inside the green line) the major-
ity of them are supportive of this,"
Thompson said.
The commission meets at 7 p.m.
on Tuesday, March 8, at the County
Commission Chambers in
Crawfordville.
Julie Hauserman does free-
lance writing in Tallahassee, in-
cluding work for environmental
groups. She has been writing
about Florida environmental is-
sues since 1986
I


4

"(i


', -2


p^*s-:'






6 / Wednesday, March 9, 1994 Florida Flambeau

Wakulla County creates zone to

protect springs from development


BY MIKE CEASER AND KAT
TRACY
STAPY WRITERS
Wakulla County commissioners
created a regulatory zone to protect
the waters ofWakulla Springs from
possible contamination by
development projects at a public
hearing Tuesday night in
Crawfordville.
"Wakulla Springs is ajewel," said
County Commissioner Joe
Blanchard told an audience of more
than 50 residents Tuesday. "We
don't look at it as a Wakulla County
jewel or as a United States jewel,
but as a global jewel. It's something
nobody else in the world has and we
need to do whatever we can to
protect it."
The ordinance will regulate
development and waste disposal in
a corridor one to two miles wide
along the Wakulla River, its
tributaries and cave system. Within
that area landowners would have to
provide a detailed description of
waste disposal and follow specific
chemical storage guidelines.
The ordinance is in response to
local developer Ken Kirton's
proposed construction of a gas
station and convenience store on his
land across from the entrance to
Wakulla Springs Park. Local
residents said they feared the gas
station would contaminate the
underground water systems.
"When something happens in the
area it affects the whole system,"
said Chris Brown, a local cave diver
who has mapped out many of the
underwater caves in the region.
But Kirton said the ordinance
would impose restrictions on
individual landholders, losing
possible revenue for the county.
"I wanted to put something on
this property which would return
some dollars to Wakulla County,"
Kirton said.
He added that the zoning is an
attempt to devalue the land and an
unconstitutional effort to take away
private property without
compensation.
This is the biggest land grab the
state of Florida has ever attempted,"
he said. "This appears to be an

















878l-8141lIIKY +

I ESRE NONN t~111U' l ~


attempt to expand the boundaries
of the park without paying money
to do so."
But other citizens said
development will spoil the land and
make it worthless.
"It will be worth zero for sure if it

The water we are
talking about is the
most valuable asset
we have. If the water
is destroyed then our
property is worthless
because nobody will
want to live here.'
-Chris Brown,
Wakulla cavediver

is polluted," said Philip Mora, a
resident of Wakulla Springs who
lives in the new zone. "(The
ordinance) will affect us but I think
it is necessary."
Officials from the Department for
Environmental Protection said the
issue is exactly that-protection.
"Fifteen-thousand known sites in
Florida have contaminated
groundwater because of leaking


gasoline storage tanks," said DEP's
Jim Stevens. "One gallon of oil can
contaminate 1 million gallons of
water."
According to Sandy Cook, park
manager of Wakulla Springs Park.
more than 200,000 tourists visit the
site every year because of its unique
clarity and purity, generating more
than $2 million in revenue for the
county.
Brown said any damage to this
resource would be financial and
economic suicide for the area.
''he water we are talking about
is the most valuable asset we have,"
he said. "If the water is destroyed
then our property is worthless
because nobody will want (o live
here."
Kirton also said that if the
commission intended to rezone his
land, then it should rezone everyone
else's as well.
"If this is such a good ordinance
then why don't we elaborate it for
the entire county," Kirton said.
Vaughn said county-wide zoning
is a possibility in the future, hut he
added that the current plan is a
essential first step.
"We have to start somewhere,"
he said. "(Wakulla Springs) is a
crown jewel and we should keep it
that way."


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WAKULLA COUNTY ORDINANCE NUMBER 94-


AN ORDINANCE OF WAKULLA COUNTY, FLORIDA TO
BE KNOWN AS THE WAKULLA SPRINGS WATER QUALITY
PROTECTION REGULATION; WITHIN A DESIGNATED
SPECIAL PLANNING AREA WITHIN UNINCORPORATED
WAKULLA COUNTY TO PROTECT AND PRESERVE WATER
QUALITY IN AND AROUND WAKULLA SPRINGS; AMEND
THE WAKULLA COUNTY LAND DEVELOPMENT CODE;
DEFINITIONS IN SECTION 2-4; IDENTIFYING
THE RESTRICTIVE INTENT IN SECTION 5-1; ADDING
MONITORING, DISCHARGE REPORTING, CLEANUP, AND
ENFORCEMENT PROVISIONS TO SECTION 5-10;
IDENTIFY CONTROLLED TOXIC AND HAZARDOUS
SUBSTANCES; PROVIDE ALLOWABLE QUANTITIES AND
MEASUREMENTS; ESTABLISHING AN APPEAL PROCESS;
PROVIDE SPECIAL EXEMPTIONS FROM REQUIREMENTS;
PROVIDE SEVERABILITY; PROVIDE AN EFFECTIVE
DATE.



WHEREAS, the Wakulla County Board of County Commissioners
finds that The Edward Ball, Wakulla Springs State Park is a
valuable cultural and natural resource and asset to Wakulla
County and the State of Florida; and

WHEREAS, Wakulla Springs is a regionally significant natural
resource with a world wide reputation as a Florida scenic area,
an Outstanding Florida Waterway, culturally and historically
significant, replete with tranquil natural surroundings and
crystal clear water; and

WHEREAS, the Wakulla County Board of County Commissioners
finds that the natural wonder and beauty of Wakulla Springs and
its associated flora and fauna are valuable natural resources-
worthy of preservation; and

WHEREAS, the Wakulla County Board of County Commissioners
finds that it is in the best interest of the citizens of Wakulla
County and the State of Florida to protect the primary function
and related aspects of Wakulla Springs, the State Park, the
Wakulla River and its contributories, and the qualities which
make this phenomenon a world renown natural wonder; and





WATER QUALITY ORDINANCE
PAGE TWO

WHEREAS, the Wakulla County Board of County Commissioners
further finds that the principal resource of the Edward Ball
Wakulla Springs State Park is its artesian water and related
water resources, and

WHEREAS, Goal 1, of the Wakulla County Comprehensive Plan
requires that natural resources be protected from degradation;
and Objective 1, provides that the existing development regula-
tions be amended to implement the goals, objectives and policies
of the Comprehensive Plan; and

WHEREAS, Policy 1.5, of the Wakulla County Comprehensive
Plan requires that the development regulations be amended to
provide standards which protect wildlife, water flow, and water
quality in the floodplains, sinkholes, wetlands, and upland
habitat areas of the County, and

WHEREAS, Conservation Goal 1, Objectives 2, 3, 4, 5, and
the related implementation policies of the Wakulla County Compre-
hensive Plan require that the land development regulations be
amended to protect water quality at Wakulla Springs; educate the
public on water quality issues; regulate land use which may
adversely impact water resources; identify toxic and hazardous
materials, and prohibit the discharge of pollutants, as identi-
fied by the Florida Department of Environmental Protection, into
sinkholes; and

WHEREAS, the Wakulla County Board of County Commissioners
finds that in order to protect and preserve the water quality and
water resources of Wakulla Springs and its contributory water
systems, the Board must restrict or condition the use, storage,
and disposal of identified toxic and hazardous chemicals or
substances, as shown on Exhibit A, within a designated special
planning area as identified on Exhibit B, which shall be deline-
ated on the Official Zoning Atlas and/or Comprehensive Plan
Future Land Use Map; and

WHEREAS, the Wakulla County Board of County Commissioners
further finds that it is necessary to describe what the restric-
tive intent of the special planning area is, how existing land
uses will be affected, what the special planning area designation
will mean to future land use approvals, and make corresponding
changes to the pertinent sections of the Wakulla County Land
Development Code to implement the legislative intent.






WATER QUALITY ORDINANCE
PAGE THREE

NOW THEREFORE, BE IT ORDAINED BY THE WAKULLA COUNTY BOARD OF
COUNTY COMMISSIONERS THAT:

SECTION 1 LEGISLATIVE INTENT
There is hereby created a new Ordinance to amend Ordinance
85-4, Land Development Code, which shall be known as and may be
cited as the Wakulla Springs Water Quality Protection Regulation
or Water Quality Ordinance. It is the intent of this Ordinance
to be consistent with federal, state, and local government well-
head and aquifer protection regulations.

1. It shall be a violation of this Ordinance to discharge any
substance in a manner that will cause surface or ground water
contamination.

2. The intent of this Ordinance is to protect and maintain the
quality of water resources in Wakulla County, Florida, and to
ensure additional water quality protection to ground water af-
fecting Wakulla Springs by providing objective standards and
measurable criteria for regulating the use, handling, production,
storage, and disposal of toxic or hazardous substances, as iden-
tified in Exhibit A. Exhibit A may be amended by Resolution of
the Wakulla County Board of County Commissioners only by recom-
mendation of County staff and the Planning and Zoning Commission,
and by a four-fifths (4/5) vote of the Board at a duly advertised
public hearing.

3. For the purposes of this Ordinance, it shall be a County
policy that the property owner and/or responsible party shall be
held liable for all activities which contribute to ground water
contamination that occurs on their property through their ac-
tions.

4.. It is-the intent of this Ordinance to meet or exceed the
goals, objectives, and policies established in the adopted Wakul-
la County Comprehensive Plan.

5. The Wakulla Springs Special Planning Area shall include the
land and surface waters identified in Exhibit B. Exhibit B may
be amended by Resolution of the Wakulla County Board of County
Commissioners only by recommendation of County staff and the
Planning and Zoning Commission, and by a four-fifths (4/5) vote
of the Board at a duly advertised public hearing.





WATER QUALITY ORDINANCE
PAGE FOUR

6. This Ordinance herein establishes regulations to protect
water quality by providing standards and criteria to regulate the
use, handling, production, storage, and disposal of regulated
substances and applicable facilities in order to preclude the
introduction of hazardous or toxic substances into surface or
ground water.

7. Through these provisions, the Water Quality Protection
Regulations shall protect the quality of water contributing to
Wakulla Springs, related public and private potable water wells,
groundwater, and related water resources. Development permits or
rezoning requests which are found to be inconsistent with this
Ordinance or which are found to adversely impact water resources
shall not be approved by the County.

8. The County shall authorize the establishment of a funding
mechanism for the implementation, monitoring, and enforcement of
this Ordinance through the Planning Department annual budget, fee
resolutions, or other identified mechanisms.

SECTION 2 DEFINITIONS
The following words or phrases used in the Ordinance have
the following meaning or definition:

1. Aquifer Any saturated, permeable geologic unit that can
transmit significant quantities of water under ordinary hydraulic
gradients.

2. Containment A system used to prevent the release of
regulated substances into the environment. Such systems shall be
constructed of impervious materials which stop or retard a regu-
lated substance from being released into the environment. The
sizing of the containment system must have sufficient capacity to
contain 110 percent of the volume of a storage system or contain-
er.

3. Contamination The presence of a regulated toxic or hazard-
ous substance in the ground water or land area such that its
presence degrades the quality of the resource so as to impair its
normal use or function or constitute a hazard.

4. Department The Wakulla County Planning Department.






WATER QUALITY ORDINANCE
PAGE FIVE

5. Discharge As defined by FDEP including, but not limited to,
a non permitted discharge, a spill, leak, seep, pouring, misap-
plication, emitting, emptying, cleaning, or dumping of a regulat-
ed substance which may adversely impact ground water quality.

6. EPA U.S. Environmental Protection Agency

7. FDEP Florida Department of Environmental Protection (F/K/A
FDER, DER, Department of Environmental Regulation).

8. Groundwater Water that is found in the subsurface of the
earth, beneath the water table in soils or geologic formations
that are fully saturated.

9. Hazardous Substance Any substance that has one or more of
the following characteristics: ignitability, corrosiveness,
reactivity, or toxicity as defined in 40 CFR, Part 261 (as amend-
ed) and which may have a bioaccumulative effect or harmful per-
sistence in nature.

10. Person Plural or singular, an individual or partnership,
corporation or incorporated association, public or private entity
or similar entities.

11. Regulated Substances A toxic or hazardous substance
regulated by this Ordinance that may cause ground water contami-
nation, including but not limited to:

A. substances or their degradation or interaction products
which because of quality, concentration, or physical/chemical
characteristics (including ignitability, corrosiveness, reactivi-
ty and toxicity) exhibit radioactivity, mutagenicity, bioaccumu-
lative effects or persistence in nature; or

B. those substances set forth in Exhibit A, or the Lists
as amended, entitled Lists of Hazardous Waste (40 CFR, Part 261,
Subpart D), Hazardous Constituents-Appendix VIII (40 CFR, Part
261), and EPA Designation Reportable Quantities and Notification
Requirements for Hazardous Substances Under CERCLA (40 CFR,
302.4); or

C. those substances which have known hazardous properties
as identified by the EPA in 40 CFR 302; or





WATER QUALITY ORDINANCE
PAGE SIX

D. those substances which are "restricted-use pesticides"
pursuant to Chapter 487, Florida Statutes, or identified in the
listings found in Rules 5E-2, and 5E-9, Florida Administrative
Code; or

E. water which contains total dissolved solids (TDS) in
excess of 10,000 parts per million (PPM) or chlorides in excess
of 500 PPM; and

F. water quality requirements for public drinking water
systems shall conform to the standards set forth in Rule 17.550,
Part III, Florida Administrative Code, as amended.

SECTION 3 GENERAL PROVISIONS
1. The affected properties associated with the Wakulla Springs
Water Quality Protection Regulation shall be delineated within a
special planning area, as shown on Exhibit B, and shall also be
shown on the Official Zoning Atlas and/or the Future Land Use Map
Series of the Wakulla County Comprehensive Plan. The area may
also include contributing water bodies such as rivers, streams,
sloughs, springs, and other water sources which flow into or
directly affect water quality in Wakulla Springs or the spring
run within the boundaries of the Edward Ball Wakulla Springs
State Park.

2. Any business, agency, or person that uses, stores, manufac-
tures, or disposes of a regulated substance as identified in
Section 2, in quantities greater than five (5) gallons if liquid
or greater than 50 pounds if solid, shall be required to register
with the Wakulla County Planning Department, on forms to be pro-
vided by the Department, within 120 days of the effective date of
this Ordinance. Any business or agency currently being inspected
under Chapters 17-761 or 17-762, F.A.C., Storage Tank Compliance
Verification Program may register with the County by a transfer
of existing records in lieu of completion of the County forms.

3. A proposed new business or facility requesting development
permits or rezoning to a land use designation or category which
contemplates using any regulated substances identified in Section
2, shall provide sufficient information at the time a permit or
rezoning is requested to document the use, storage, or disposal
of regulated substances and fully describe said use, storage, or
disposal of the regulated substances such that the County can
assess and formulate approval conditions to monitor and protect
ground or surface water quality.





WATER QUALITY ORDINANCE
PAGE SEVEN

4. Section 2-1, Language and Construction, the Land Develop-
ment Code (LDC) shall be amended to include a Subsection 2-1(10)
which shall state:

(10) Special Planning Areas, such as those special planning areas
associated with Wakulla Springs State Park, presently allow
agricultural, residential, and non-residential development or
land uses. For the purposes identified herein, the term develop-
ment shall have the same definition as provided in Section
380.04, Florida Statutes, 1993. These existing general land uses
shall continue to be allowed consistent with the provisions of
the County Development Code and Comprehensive Plan.

A. Agricultural uses include silvicultural land uses shall be
allowed pursuant to best management practices as outlined in the
publication Silviculture Best Management Practices. 1993; Florida
Department of Agriculture and Consumer Services", and the use of
regulated substances by agricultural or silvicultural interests
shall be consistent with all EPA labeling rules and requirements.

B. However, some land uses are associated with toxic or hazard-
ous substances or materials which could be reasonably associated
- with surface or ground water contamination and pollution. Sec-
tion 2 identifies specific toxic or hazardous substances and
compounds which need additional consideration at the time devel-
opment or land use permits are requested to facilitate the re-
view, track the use, and monitor the storage and disposal method-
ology to ensure that every precaution is taken to protect ground
and surface water quality. Within special planning areas, such
uses may be approved subject to approval conditions or restric-
tions to provide the maximum possible protection to water re-
sources.

5. Section 2-4, Definition of Terms, shall be amended to in-
clude:

Special Planning Area Boundaries: A special planning area delin-
eated on an official map or zoning atlas of Wakulla County.
Within such areas, land uses may be restricted in addition to
other land use standards to protect and preserve water quality
in surface and ground water resources. Determinations of the
exact location of the boundary lines of such special planning
areas shall be consistent with the provisions set forth in Sec-
Stion 5-2, Wakulla County Land Development Code.






WATER QUALITY ORDINANCE
PAGE EIGHT

Restriction or Land Use Restriction: The zoning districts iden-
tified in the County zoning regulations allow land uses which may
be approved with site specific conditions or restrictions to
provide a buffering effect, prevent pollution, meet concurrency,
to make land uses compatible with adjacent or abutting land uses,
or to ensure compliance with the County Comprehensive Plan and
development regulations. Land use restrictions may also be
associated with actions that are independent of the original land
use or rezoning approval and may be approved by the Board of
County Commissioners at a duly advertised public hearing.

6. Public Notice and Appeal Provisions: Such restrictions on
the use of land and future land use approval and rezonings shall
be pursuant to the standards set forth in Chapter 3 of the Land
Development Code. An appeal of any decision made regarding such
land use restrictions shall be pursuant to Section 3-23, Land
Development Code.

7. Comprehensive Plan and Related Land Use Map Amendments:
Changes to 'the Comprehensive Plan or related Future Land Use Map
series shall be consistent with the applicable requirements and
standards set forth in Chapter 163, Florida Statutes, and Rule
9J-5, Florida Administrative Code.

8. Chapter 5, Zoning Regulations and Districts: Section 5-1,
General Restrictions on Land Use, Buildings, and Structures; is
amended to create Subsections (7) and (8) as follows:

(7) The Planning Department shall be responsible for the
monitoring and enforcement of the provisions of the Zoning Regu-
lations as set forth in the Land Development Code. The Depart-
ment shall also monitor special planning areas for compliance
with the intent of the Codes. Such special land use areas shall
include the Special Planning Area associated with Wakulla
Springs. Land use amendments and rezoning applications within
such designated areas shall be reviewed for consistency and
monitored for compliance with all County codes and applicable
approval conditions and restrictions.

(8) A violation of land use approval conditions or restric-
tions may result in code enforcement or additional legal action
including the filing of liens against a property to reimburse the
cost of cleaning, maintenance, or repairing of a site to ensure
compliance with the Codes. Property that is found to be in





WATER QUALITY ORDINANCE
PAGE NINE

violation of such land use conditions or restrictions shall not
receive additional County land use approval or development per-
mits until the identified violation has been corrected to the
satisfaction of the County.

SECTION 4 EXEMPTIONS AND MONITORING
1. Within a designated special planning area, emergency serv-
ices such as Fire Fighting, Law Enforcement, Emergency Medical
Services, and Department of Emergency Management facilities shall
be exempt from the registration provisions of this Ordinance.

2. The continuous transit or transportation of any regulated
substance shall be exempt from the registration provisions of
this Ordinance provided that the transport motor vehicle is not
located on the same site for more than seventy-two (72) hours.
However, if the vehicle containing the regulated substance is not
regulated by the U.S. Department of Transportation, or Florida
Department of Transportation, or Florida Department of Highway
Safety, then it shall be deemed stationary, not in continuous
transit, and shall require registration and compliance with this
Ordinance.

3. The use of a regulated substance in any vehicle or piece of
agricultural equipment as a fuel or lubricant shall be exempt
from registration.

4. Retail or wholesale establishments that store or handle
regulated substances for resale in the original unopened contain-
er shall be exempt from the registration requirements if the
original unopened container does not measure in excess of five
(5) gallons of liquid or 50 pounds of solid regulated substances.

5. Office uses which include the use of regulated substances
for the maintenance or cleaning of the office building shall be
exempt from the registration requirements.

6. Residential use of regulated substances for cleaning, main-
taining, pest control, or other related residential scale use by
a household that is not a regulated business shall be exempt from
the registration requirements of this Ordinance. However, agri-
cultural operations which store regulated substances in undiluted
quantities exceeding five (5) gallons liquid or fifty pounds of
solid material within a special planning area shall register with
the Department.






WATER QUALITY ORDINANCE
PAGE TEN

7. An affected person or agency may request a special exemption
from the registration requirements of this Ordinance. In order
to obtain an exemption, a person shall demonstrate by competent
and substantial evidence presented to the Planning Department
that special or unusual circumstances and adequate technology
exists to isolate the facility or proposed activity from soil,
surface, or ground water pollution. In granting a special exemp-
tion, the Department may prescribe additional appropriate condi-
tions that are deemed necessary to protect the water resources
from pollution.

SECTION 5 REPORTING OF DISCHARGES
1. Any discharge of a regulated substance at the reporting
thresholds established herein, shall be reported immediately by
the facility owner, operator, or responsible party to the Wakulla
County Planning or Emergency Management Departments. Such noti-
fication shall in no way alleviate the owner, operator, or re-
sponsible party from any other local, state, or federal reporting
obligations as required by law. The Planning Department shall
inform the Emergency Management Director, who shall inform FDEP
and/or EPA when appropriate, of the obtained information regard-
ing the discharge, including but not limited to, the regulated
substance discharged, the amount, location, duration of dis-
charge, and the potential hazardous effects to citizens and
groundwater resource, if known.

2. Threshold Reporting Quantities
A. The following substances and chemicals shall be reported
immediately to the Department if the amount discharged is equal
to or greater than one (1) gallon.

1. Chlorinated Solvents including, but not limited to:
Carbon Tetrachloride
Tetrachloroethylene
Trichloroethylene
1,1,1-Trichloroethane
1,2-Dichloroethane
Methylene Chloride

B. The following substances and chemicals shall be reported
immediately if discharged in an amount equal to or greater than
five (5) gallons.





WATER QUALITY ORDINANCE
PAGE ELEVEN

1. Pesticides (specifically generic names)
Fenuron
Terbacil
Bromacil
2. Phenolic Compounds

C. Petroleum or petroleum products including petroleum
based solvents shall be reported if discharged in an amount equal
to or greater than five (5) gallons.

D. All other regulated substances listed in Section 2 of
this Ordinance shall be reported immediately if discharged in an
amount equal to or greater than five (5) gallons of liquid or
fifty (50) pounds if non liquid.

E. The Planning Department is established as the contact
point and designee for the reporting of newly formed sinkholes.
Sinkholes shall be reported prior to backfilling. Backfill
material shall be uncontaminated materials of equal or lower
permeability than the surrounding soils.

SECTION 6 Discharge Prevention Practices
1. All regulated businesses shall, at a minimum, inspect hold-
ing containers for regulated substances on a weekly basis. Rea-
sonable assurance that leakage or breakage can be detected, may
be accomplished visually. Containment systems shall also be
checked for structure failure, rust, oxidization, or other visual
signs of failure.

2. New construction and containment of regulated substances,
such as leak-proof trays, floor curbing, and other secondary
containment systems shall be installed under containers of liquid
regulated substances. The secondary containment system shall be
of sufficient capacity to facilitate the volume of stored liquid
plus an additional 3.0 inch rain storm event if stored outdoors.

3. The specific design and selection of materials shall be
appropriate to preclude a regulated substance from being dis-
charged into the environment. Containment systems shall be
operated in such a manner that rainfall or external moisture can
be managed. These requirements shall apply to all production,
storage and handling areas, loading areas, and storage tanks or
facilities located above or below ground.






WATER QUALITY ORDINANCE
PAGE TWELVE

4. All property owners within a special planning area who use,
store, or manufacture regulated substances shall upgrade or
retrofit concurrently to new construction containment standards
when any existing building or facility improvements are proposed
for permitting, or by January 30, 1999. Any storage facilities
regulated by Rules 17-761 or 17-762, F.A.C., shall meet the
required retrofitting schedule. All new construction provisions
shall be reviewed and met concurrent with building or site plan
review, or before final inspection as required by this Ordinance.

SECTION 7 Monitoring, Discharge Inspections, and Cleanup;
General Information and Guidelines.
1. If a facility is found to have visible signs of contamina-
tion or if a reported discharge has occurred that may adversely
affect soil, surface, or ground water, the property owner or
tenant may be required to conduct an investigation and study that
includes, but is not limited to, soil borings, soil or ground
water sampling and analysis, installation of monitoring wells,
and other provisions to adequately determine the extent and
mitigation needed to compensate for the adverse impact and pre-
vent future occurrences. A facility that experiences a discharge
of regulated substances shall immediately take all necessary
steps to minimize the potential of ground water contamination.

2. Rule 17-770, F.A.C., establishes procedures to be utilized
to address petroleum and petroleum products contamination. Rules
17-761 and 17-762, F.A.C., establishes procedures to be used for
closure of storage tanks.

3. The County may utilize established FDEP enforcement cases or
follow FDEP's "Model Orders for Corrective Action", or consent
order procedures as guidance for minor cleanup actions.

4. Sampling procedures and laboratory analysis shall meet or
exceed the requirements set forth in Section 403.0625, F.S.

5. Injection wells and drainage wells shall not be permitted
within the Wakulla Springs Special Planning Area. Proposed heat
pump return wells shall not be allowed in special planning areas
unless it can be shown by the applicant that sufficient engineer-
ing and water contamination controls can be designed into the
system such that no contamination of surface or ground water
resources will result from the use. The applicant will also
specify a suitable monitoring and reporting process to the satis-
faction of the Planning Department.





WATER QUALITY ORDINANCE
PAGE THIRTEEN

6. Well abandonment within Wakulla County shall be coordinated
through the Northwest Florida Water Management District.

7. All geotechnical borings within the Wakulla Springs Special
Planning Area that are deeper than 25 feet shall be neat cement
grouted to the surface to prevent downward migration of contami-
nants along the borehole. All borings less than 25 feet in depth
shall be backfilled with the original drill soil to the surface
of the boring to prevent the creation of a sump. If a boring is
made through an impervious surface (asphalt or concrete), the
patch shall be made with similar materials. If contamination is
detected in any geotechnical boring, the contaminated soils shall
not be used as replacement material. The contaminated site shall
be reported to the Department pursuant to the reporting require-
ments of this Ordinance.

8. The discharge of regulated substances into a septic tank or
individual sewerage disposal facility shall constitute a viola-
tion of this Ordinance. If upon testing, a regulated substance
is identified in the septic tank or drain field to the extent
that the violation may reasonably cause ground water contamina-
tion, the property owner or tenant may be required to conduct an
investigation or analysis as required in Section 7 of this Ordi-
nance. Floor drains, grease traps, and oil/water separators
shall be constructed to prevent the infiltration of regulated
substances into septic systems, soil, surface, or ground water.

9. Regulated businesses and users of regulated substances shall
keep sufficient records to show inventory, proof of proper dis-
posal or recycling. Inventory and manifest documentation may be
required pursuant to the Resource Conservation and Recovery Act
(RCRA), 40 CFR, Part 262, Subpart B. However, where the business
is not required to document pursuant to RCRA requirements, the
method of record keeping shall be sufficient to allow inspectors
to determine if regulated substances have been disposed of in
compliance with all federal, state, and county laws.

10. Cleanup or remediation of a contaminated site shall begin
within seven (7) days pursuant to the following criteria:
a. Any affected ground or surface water shall be remediat-
ed to background water quality; and
b. Any affected soils shall be remediated using best
available technology; and





WATER QUALITY ORDINANCE
PAGE FOURTEEN

c. If soil work is performed, stormwater sedimentation and
erosion controls shall be in place prior to initiation of con-
struction.

11. Monitoring and inspections of facilities is herein author-
ized for the Planning Director or designee during regular or
normal operation hours to determine compliance with these re-
quirements.

SECTION 8 Violations and Enforcement
1. Enforcement procedures shall be initiated upon recognition
or disclosure of a discharge or storage and disposal of regulated
substances that are not consistent with this Ordinances. Contin-
ued enforcement procedures under this Ordinance shall include
data collection and evidencing of unpermitted discharges which
have been reported to the appropriate federal, state of local
enforcement program.

2. When a violation of the Ordinance is recognized, the Plan-
ning Department shall issue written notice to the person in
violation, identifying the location and nature of the violation,
and specifying that remedial action is necessary to bring the
violation into compliance with this Ordinance. The notified
person shall immediately commence remedial action, conditions
permitting, and shall have a specified time in the notice to
advise the County of the initiation of such actions, and the time
necessary to complete the actions to come into compliance with
this Ordinance.

3. Failure to comply with the Notice of Violation within the
time specified may result in the issuance of a restraining order
through a court of competent jurisdiction, other enforcement
actions, or the levying of fines as established by resolution by
the Board of County Commissioners.

4. Whenever it is determined by the Planning Department, in
conjunction with the Emergency Management Director, that a dis-
charge of regulated substances is resulting in an imminent threat
of contamination to water resources or danger to life or property
from such contamination, the County may require immediate correc-
tive action. Initiation of required remediation activities shall
commence within twenty-four (24) hours of notification and shall
be completed within a time frame specified by the Department.





WATER QUALITY ORDINANCE
PAGE FIFTEEN

Failure to take immediate remedial action shall be found to
be a violation of this Ordinance. In such a case, the Planning
Director or Emergency Management Director may determine that an
imminent danger to health, safety, and welfare of the public
exists and may enter upon such lands, assess the situation, take
corrective actions, and cause the placement of a lien upon such
real property of the person or persons responsible to adequately
recover the cost of the corrective actions and related legal
fees.

5. Any lien issued pursuant to this Ordinance shall be imposed
only after notice has been given to the owner of the property,
and the owner has been given a reasonable opportunity to be
heard. Such lien shall be recorded with the Clerk of the Circuit
Court and may be enforced under the provisions of Chapter 125,
Florida Statutes.

6. When completion of all corrective action is confirmed by the
County and/or Department of Environmental Protection, the County
shall issue a notice of compliance in conjunction with FDEP's
Site Rehabilitation Completion Order pursuant to Rule 17-770,
F.A.C. A notice of compliance shall cancel the notice of viola-
tion.

7. Any person violating any provision of the Ordinance shall be
punished as provided by law. Each day that a violation continues
without verified remedial action shall be considered as a sepa-
.rate offense for purposes of this Ordinance. No building permits
or development orders for new business or occupational license
shall be issued by the County on a site on which a violation
exists. An injunction by the County or by an affected property
owner may be sought in conjunction with the enforcement of this
Ordinance. Enforcement of this Ordinance shall be by the County
in addition to any other existing federal or state enforcement
rules or procedures.

Severability and Effective Date:
a. If any part of this Ordinance is for any reason held in-
valid, such part shall be deemed a separate and distinct provi-
sion and shall not affect the validity of the remaining portion
or portions of this Ordinance.

b. This Ordinance shall take effect as provided by Section
125.66, Florida Statutes, but not sooner than 10 days from the
date of enactment.







WATER QUALITY ORDINANCE
PAGE SIXTEEN







DULY ENACTED AND ADOPTED at regular session by the Wakulla
County Board of County Commissioners, this 8th day of March,
1994.



Board of County Commissioners
Wakulla County, Florida


BY:


Honorable Sharon Thompson
Chairperson


APPROVED AS TO FORM ONLY:


J. Harold Thurmond, Ex Officio,
Clerk of the Circuit Court


Ronald A. Mowrey, Esquire
Wakulla County Attorney


WS. WAKRIV.ORD GEM4


ATTEST:










Chemical Names of Regulated
Ordinance


Substances Recommended for the Wakulla Springs Protection


Trichloroethylene
Tetrachloroethylene
Carbon Tetrachloride
Vinyl Chloride
1,1,1-Trichloroethane
1,2-Dichloroethane
Benzene
Ethylene Dibromide
Acrolein
Acrylonitrile
Bromodichloromethane
Bromoform
Bromomethane
Endosulfan Sulfate
Chlorbenzene
Chloroethane
2-Chloroethylvinyl ether
Chloroform
o,p-DDT,DDE & DDD
Chloromethane
Dibromochloromethane
Endrin Aldehyde
Dichlorodifluoromethane
l,l-Dichloroethane
Heptachlor Epoxide
1,1-Dichloroethene
trans-1,3-Dichloropropene
1,2-Dichloroethene
1,2-Dichloropropane
cis- 1,3-Dichloropropene
Ethylbenzene
Methylene Chloride
1,1,2-Trichloroethane
Trichlorofluoromethane
Aldicarb(non-extractable)
Xylene's (total)
Toluene
Methyl tertiary butyl ether (MTBE)

Styrene
Formaldehyde
Kelthane (Dicofal)


Acenaphthene
Acenaphthylene
Anthracene
Benzo(a)anthracene
Benzo(b)fluoranthene
Benzo(k)fluoranthene
Benzo(a)pyrene
Benzp(g,h,i)perylene

Benzidine
Bis(2-chloroethyl)ether
Bis(2-chloroethoxy)methane
Bis(2-ethylhexyl)phthalate

Bis(2-chloroisopropyl)ether
4-Bromophenyl phenyl ether
Butyl benzyl phthalate
2-Chloronaphthalene

4-Chlorophenyl phenyl ether
Chrysene

Dibenzo(a,h)anthracene
Di-n-butylphthalate

1,3-Dichlorobenzene
1,4-Dichlorobenzene
1,2-Dichlorobenzene

3,3-Dichlorobenzidine
Diethylphthalate
Dimethylphthalate
2,4-Dinitrotoluene
2,6-Dinitrotoluene

Dioctylphthalate
1,2-Diphenylhydrazine

Fluoranthene
Fluorene
Hexachlorobenzene


Aldrin
a-BHC
b-BHC
g-BHC
d-BHC
Chlordane
4,4'-DDD
4,4'-DDE
4,4'-DDT
Dieldrin
Endosulfan
Endosulfan II

Ethion


Trithion

Tedion


Heptachlor


Toxaphene
PCB-1016
PCB-1221
PCB-1232
PCB-1242
PCB-1248
PCB-1254
PCB-1260



Malathion
Diazinon
Parathion
Guthion


EXHII3-rA\








1,2-Dibromo-3-Chloro- Mercury and Mercury Compounds
propane Hexachlorobutadiene
1,1,2,2,-Tetachloroethane
Hexachloroethane
4-Nitrophenol Hexachlorocyclopentadiene
Pentachlorophenol Indeno(1,2,3-cd)pyrene
Phenol Isophorone
2,4,6-Trichlorophenol Naphthalene
2-Chlorophenol Nitrobenzene
2,4-Dichlorophenol N-Nitrosodimethylamine
2,4-Dimethylphenol N-Nitrosodi-n-propylamine
2,4-Dinitrophenol N-Nitrosodiphenylamine
2-Methyl-4,6-Dinitro-phenol
Phenanthrene
Pyrene
2,3,7,8-Tetrachlorodibenzo-pdioxin (Dioxin)
1,2,4-Trichlorobenzene


r









Generic Regulated Substances

Regulated substances shall also include the generic items listed below and by-products, reaction products,
and waste products generated from the use, handling, storage, or production of these items.


Acid and basic cleaning solutions
Arsenic and arsenic compounds
Bleaches, peroxides
Oils/Greases/Lubricants
Casting and foundry chemicals
Cleaning solvents
Cutting fluids
Disinfectants
Explosives
Fire extinguishing chemicals
Fuels and additives
Greases
Industrial. and commercial janitorial supplies
Inks, printing and photocopying chemical
Medical, pharmaceutical, dental, veterinary,
and hospital solutions
Oils (petroleum base)
Wood preservatives, paint solvents and
paint removing compounds
Plastic resins, and catalysts
Photo development chemicals
Roofing chemicals and sealers
Tanning industry chemicals
Used Batteries


Antifreeze and coolants
Batteries
Brake and transmission fluid
Brine solution
Caulking agents and sealants
Corrosion and rust prevention compounds
Degreasing solvents
Electroplating solutions
Fertilizers
Food processing wastes
Glues, adhesives, and resins
Hydraulic fluid
Industrial sludges and stillbottoms
Laboratory chemicals
Metal finishing solutions

Paints, primers, thinners, dyes, stains
Pesticides and herbicides

Plasticizers
Pool chemicals
Solders and fluxes
Transformer and capacitor oils/fluids









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