Mangroves are important for protecting Florida’s waters and ecosystem, but they weren’t regulated until 1984. The Florida Department of Environmental Protection has some guidelines, but there haven’t been many updates to the laws since 1996. So, it’s a bit unclear how people can trim or change mangroves legally. Before 1984, local governments were in charge of regulating mangroves in Florida. In 1995, the State Mangrove Trimming and Preservation Act was passed to make it easier for people to trim mangroves. Only seven local governments have been given the power to enforce this law. These governments can make their own rules, but they can’t change the exemptions in the state law.
The law allows property owners to trim mangroves up to a certain height, but they must meet certain requirements and get a permit. If the mangroves are on government-owned land or conservation areas, they can’t be trimmed without special permission. High school students should check their property documents before trimming mangroves to avoid legal issues. If you want to reestablish a mangrove area that used to be there before, you can do so as long as it was previously legal. You can trim mangroves that are shorter than six feet, but you can’t change their overall shape. If the mangroves are taller than 10 feet, you need a professional to trim them. The length of the shoreline doesn’t matter. The maintenance exemption and RMF reestablishment exemption are similar, but the maintenance exemption requires prior authorization for trimming from before 1984. If an owner wants to keep a mangrove configuration from before 1984, they need a permit or proof of exemption from a local government. In most cases, the maintenance exemption is used to trim mangroves covered by an expired permit. If an owner doesn’t qualify for an exemption, they need a trimming permit, which has specific rules and restrictions. A professional mangrove trimmer must oversee the trimming and sign a notice of intent. The configuration achieved with a general permit can be maintained with the maintenance exemption. If you want to trim or alter mangroves on your property, you need a permit from FDEP. There are two general permits that most people qualify for, but if you don’t, you can apply for an individual permit. FDEP has to follow specific rules when reviewing these applications. They consider trimming and alteration to be the same thing for permitting purposes. Trim carefully and make sure you have the right permit. Mangrove permits in Florida are regulated by different local governments, offering more flexibility than the state. Hillsborough and Pinellas counties have stricter rules, including no trimming in colder months, restrictions on chainsaw lubricants, and removal of surrounding invasive plants. Sarasota requires consistency with land use and zoning designations and restricts trimming to 250 feet waterward. Sanibel only allows alteration for specific purposes, while Jupiter Island follows the state’s criteria. The state law has a seven-factor public interest test for permitting, and regulators have discretion in evaluating applications. Mitigation, such as cash donations for mangrove preservation, may be required if the statutory criteria cannot be satisfied. Enforcement is less forgiving, and on-site restoration is preferred over off-site mitigation. Off-site mitigation may be accepted in rare cases, but it is difficult due to limited availability of mangrove credits. The state law allows FDEP and DLGs to pursue penalties for violations of mangrove trimming. The penalties can be up to $50,000 or $7,500 per violation. However, corrective actions like restoration and mitigation may also be required. FDEP can use an administrative forum for penalties under $50,000, but only a court can enforce orders for corrective actions. DLGs can use their own enforcement mechanisms and issue local ordinance violations, but the fines are low and the process is more complex. For mangrove violations, it may be better to use a magistrate as the forum for enforcement. If a local government with at least 50,000 people wants to punish someone for messing with mangroves, they can ask a judge for fines of up to $15,000 for each violation. They can also ask for daily fines until the person fixes the problem. If the person doesn’t listen, the government can put a lien on the property where the violation happened. The government can also take the violator to court, where they have more power to make the person stop messing with the mangroves. Local governments have special rules for trimming mangroves, and they can enforce these rules by issuing fines or revoking the special trimming privileges of professional mangrove trimmers. These professional trimmers have to follow specific qualifications and may have to pay a fee to work in a certain area. If they break the rules, they can be fined and lose their permission to trim mangroves. In Florida, there are laws about trimming mangroves. These laws have changed over the years, with different legislation and regulations being passed. The Florida Department of Environmental Protection (DEP) is in charge of regulating mangroves, but they can delegate this responsibility to local governments, like Pinellas County.
If someone wants to trim mangroves on their property, they need to follow the rules set by the state and local government. If they don’t follow the rules, they could get in trouble and face consequences. There have been court cases where local governments were not able to enforce their own rules because they didn’t follow the right process.
It’s also important to note that the rules for trimming mangroves may apply to all properties, not just those that are next to the water. This means that even if you don’t live right by the water, you still have to follow the rules for trimming mangroves on your property. The state law defines “trim” as cutting mangrove branches, twigs, and leaves, but not removing or destroying them. There are specific rules about trimming mangroves near the shoreline and on public lands. Property owners need to follow these rules when trimming mangroves on their land. Section 403.9327 says that if you trim mangroves under a general permit, you can keep them at that height and shape under a “maintenance exemption.” You have to follow the rules in sections 403.9325 and 403.9329. If you don’t follow these rules, you might have to restore or fix the mangroves. If you break the rules, you could be fined up to $50,000. Florida law allows the Florida Department of Environmental Protection (FDEP) and local governments (LGs) to enforce environmental regulations. If someone violates these regulations, FDEP or the LG can take them to court to make them follow the rules. LGs can also enforce their own rules and impose fines for violations. FDEP can require permits and advance notice for certain activities, and can also impose fines for violations. Brendan Mackesey, a lawyer in Pinellas County, specializes in coastal and drainage matters and is involved in The Florida Bar Environmental and Land Use Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/perspective-from-a-delegated-local-government-attorney-on-the-state-mangrove-trimming-and-preservation-act/
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