Title: Memorandum: Propsed Wetlands Regulation Update
Full Citation
Permanent Link: http://ufdc.ufl.edu/WL00000737/00001
 Material Information
Title: Memorandum: Propsed Wetlands Regulation Update
Physical Description: Book
Language: English
Publisher: Biological Research Associates, Inc.
Spatial Coverage: North America -- United States of America -- Florida
Abstract: Memorandum: Propsed Wetlands Regulation Update, December 3, 1986
General Note: Box 7, Folder 2 ( Vail Conference 1987 - 1987 ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000737
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

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TO: Florida Land Council

FROM: Biological Research Associates, Inc.

DATE: 3 December 1986

RE: Proposed Wetlands Regulation Update

Since our last meeting in early October a number of important events have

occurred relative to the draft mitigation rule proposed by the Florida

Department of Environmental Regulation (DER) and the draft isolated wetlands

rule proposed by various Water Management Districts including the South Florida

Water Management District (SFWMD) and the Southwest Florida Water Management

District (SWFWMD). This environmental update provides a brief analysis of the

proposed rule changes as well as copies of the latest drafts and other relevant


DER Mitigation Rule

Since our last discussion the following major revisions to the mitigation

rule have been proposed by the Department:

1. Criteria for phosphate mining has been incorporated into the rule, which
generally are less stringent than that imposed on other regulated

7792 Pofeional Place P. O. Box 290647

Florida 33687 (813) 985-2408 -


/ (2)

/2. The requirement for a certified soil scientist to supervise the earthwork
/ has been relaxed.

3. Reconstruction mitigation must be conducted in the same surface
waterbody "... unless the applicant demonstrates that those functions can
be adequately replaced in a different waterbody".

4. The exemption for requirement of financial responsibility (e.g.,
performance bonds, trust agreements, surety bonds, etc.) was increased
from $5,000.00 to $20,000.00.

5. Three different sets of success criteria language simultaneously submitted
by the Department for public comment. One version requires that plant
dominance and diversity in the mitigated wetlands be "substantially
equivalent" to the reference wetland. The other two versions are hybrids,
one stressing an 80% similarity in species composition, the other
functional equivalence. All three versions contain "as specified in the
permit conditions" language, suggesting that success criteria will be
subject to negotiation and the whims of Department personnel.

Despite considerable opposition many of the more onerous provisions in the

rule (e.g., type-for-type replacement, 2:1 created wetlands ratios, up-front

mitigation requirements) have not been modified and likely will be included in

the rule scheduled for publication in the Florida Administrative Weekly

sometime in December 1986. Finally, the Department has issued the attached

draft economic impact statement at the 12 November 1986 workshop in Miami. In

our opinion their analysis underestimates the potential cost of the proposed

mitigation rule for the typical developer by at least 100%.


Water Management Districts Isolated Wetlands Rule

The fifth and second revisions to draft isolated wetlands rules were

published by SFWMD on 20 October 1986 and SWFWMD on 18 November 1986,

respectively (attached). The SFWMD continues to take the lead and remains the

more stringent rule; SWFWMD has extensively revised their latest draft rule

primarily by copying major sections of the SFWMD rule. Both Districts have

maintained a 0.5 acre size threshold; upland buffers have been reduced to an

average of 25 feet in the SFWMD rule and 15 feet in the SWFWMD rule. The

Florida Game and Fresh Water Fish Commission (FGFWFC) and others have supplied

the Districts with the attached biological information to support the

maintenance of very small, isolated wetlands.



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