Trimming activities conducted under the exemption provided by this paragraph shall be conducted by a professional mangrove trimmer when the mangroves that are the subject of the trimming activity have a pretrimmed height which exceeds 10 feet as measured from the substrate. What is a Professional Mangrove Trimmer (PMT), and when do I need to use one? (e) A locally registered mangrove trimmer may use the exemptions and general permits in ss. This article will help homeowners understand their rights and the regulations concerning any mangroves that exist on, or adjacent to, their property. Why are mangroves so important? 403.141 and 403.161 for the first violation. (3) The general permits under this section are subject to the following conditions: (a) A general permit may be used only once on any parcel of property to achieve a mangrove height of no less than 6 feet; (b) Trimming must be conducted in stages so that no more than 25 percent of the foliage is removed annually; and. What is the Shoreline? 4, ch. These rights are typically referred to as riparian rights., Riparian rights provide the legal outline of the activities a homeowner can expect to enjoy when purchasing property that is on the water. (4) "Executive director" means . They thrive in salty environments because they can obtain freshwater from saltwater. For more information or to see if your ERP activity qualifies, please contact your district officeor see our YouTube video Mangrove Act Exemptions. (c) The department may require a person who qualifies as a professional mangrove trimmer and works in an area where a local government has not received delegation to provide written notice to the department 10 days before conducting trimming activities under the exemptions and general permits provided in ss. 95-299. 403.9321-403.9333. Before taking any action concerning the trimming or removal of mangroves, homeowners should be familiar with the legal requirements and implications of their actions. The 1996 Mangrove Trimming and Preservation Act (sections 403.9321-403.9333, F.S.) (4) Within 45 days after receipt of a written request for delegation from a local government, the department shall grant or deny the request in writing. (2) If it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to provide a water view from each unit, the department or delegated local government may authorize a greater percentage of trimming under s. 403.9327(1)(a). It would be hard to overstate the value of the coastal environment. It is true that mangroves can be naturally damaged and destroyed, but there is no doubt that human impact has been most severe. If the mangroves are not considered to be in a RMF, the homeowner will need to get a permit and a PMT. 403.9326 and 403.9327 only within the jurisdiction of delegated local governments in which the mangrove trimmer is registered. The Board of Landscape Architecture shall establish appropriate standards and continuing legal education requirements to assure the competence of licensees to conduct the activities authorized under ss. I dont want to remove my mangroves, but I would like to trim them to lower than 6 feet. Mangroves serve as a key ecological component in several ecosystems, including serving as a nursery for many game and sport fisheries. One, it is your best bet not to harm the tree; two, they are licensed and bonded professionals, so if any damage occurs i.e., property damage, personal injury etc. Research is ongoing to determine the impacts, both positive and negative, of this transition. Is it the mean high water line? Most unauthorized cuttings of mangroves are reported to the state or the local government by angry neighbors who enjoy the natural view and the bird life and whatnot that the mangroves typically attract and provide. Be registered with the local government. Under the law, these limits include: Certain other activities qualify for exemptions under the Mangrove Act, including maintaining previous mangrove configurations and historically established maintenance trimming. Proof of the prior status may be necessary to secure the exemption. In no event shall more than one permit for the alteration or trimming of mangroves be required within the jurisdiction of any delegated local government. Unlike its red or black counterparts, the white mangrove has no visible aerial root systems. The Florida Department of Environmental Protection is the states lead agency for environmental management and stewardship protecting our air, water and land. At a smaller scale, mangroves are removed for the wood, for example, to build houses or making charcoal (see picture from Haiti below). The Mangrove Act does not distinguish between living and dead mangroves, so the same trimming regulations apply to each. Mangroves form an important part of the ecology of South Florida, and through legislation, Florida has decided to protect and preserve these trees. (1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in s. 373.4211 and chapter 62-340, Florida Administrative Code, when the trimming does not meet the criteria in s. 403.9326 or s. 403.9327 except under a permit issued under this section by the department or a delegated local government or as otherwise provided by ss. What do I do if I have mangroves growing over my dock and I cant use it? (6) Public lands set aside for conservation or preservation means: (a) Conservation and recreation lands under chapter 259; (c) State and national reserves and preserves, except as provided in s. 403.9326(3); (e) National wildlife refuges (only those lands under Federal Government ownership); (f) Lands acquired through the Water Management Lands Trust Fund, Save Our Rivers Program; (g) Lands acquired under the Save Our Coast program; (h) Lands acquired under the environmentally endangered lands bond program; (i) Public lands designated as conservation or preservation under a local government comprehensive plan; (j) Lands purchased by a water management district, the Fish and Wildlife Conservation Commission, or any other state agency for conservation or preservation purposes; (k) Public lands encumbered by a conservation easement that does not provide for the trimming of mangroves; and. of its mangroves. Any local disciplinary action imposed against a licensee is subject to administrative and judicial review. The departments action may not receive a presumption of validity in any administrative or judicial proceeding for review. The department shall grant or deny any written request for professional mangrove trimmer status within 60 days after receipt of the request. If peculiar or unusual circumstances exist related to the property, homeowners may wish to hire an environmental attorney to assist in obtaining the permit. Mangroves cannot be greater than 24 feet in height before trimming. What is the Shoreline?
Seagrass - The shallow, grassy bottom of much of the Florida Keys waters is responsible for the large diversity and concentration of marine life. Under a few . 403.9321-403.9333 or any adopted mangrove rules. Increased regulations apply to trees greater than 10 feet in height prior to trimming, and those greater than 16 feet in height before trimming are subject to greater regulation still. When the desired mangrove trimming exceeds the amount permitted under the exemptions, the mangrove trimming is regulated by the second regulatory scheme, known as the general permit process. However, this presumption may be rebutted by competent, substantial evidence that the violation was not authorized by the owner, trustee, or other person. The third type of native mangrove, the white mangrove, lives further upland than the red or black mangroves and more closely resembles a typical upland tree, although it may also appear in a dense shrub-like community. (4) Mangroves on lands that have been set aside as mitigation means mangrove areas on public or private land which have been created, enhanced, restored, or preserved as mitigation under a dredge and fill permit issued under 1ss. Mangroves serve as nurseries for fish, oysters, crab, and shrimp. 403.9321-403.9333 if compliance therewith would impose a unique and unnecessary hardship on the owner or any other person in control of the affected property. For second or subsequent violations, the penalties can be quite substantial, in many cases rising into the hundreds of thousands of dollar range and the planting requirements can be equally burdensome. (3) For second and subsequent violations, the department or delegated local government, in addition to the provisions of ss. 97-98. The Florida Department of Environmental Protection is the states lead agency for environmental management and stewardship protecting our air, water and land. 96-206. The trimming is supervised or conducted exclusively by a professional mangrove trimmer; 3. In many cases, for minor violations you might get a letter from the state simply advising you that you're not supposed to trim mangroves without a permit and offering you assistance so that you can comply in the future. Can I do this, and how? Most mangroves cannot be cut lower than six feet . First, the law distinguishes trimming activity undertaken by a homeowner from trimming performed by a Professional Mangrove Trimmer. As the scale of the intended trimming increases, the regulations mandate that a qualified Professional Mangrove Trimmer complete the work. 93-213, and s. 403.913, as amended by s. 46, ch. A Riparian Mangrove Fringe (RMF) is a term used in the mangrove act (403.9325(7), F.S.) penalty for cutting mangroves in florida. The relationship between mangroves and their associated marine life cannot be overemphasized. The scientists evaluate habitat changes by analyzing aerial photographs from the 1940s and 1950s and satellite imagery and aerial photography from the 1980s. Mangrove heights are measured from the substrate. What does it mean to measure from the substrate? Cut the top of the mangrove's canopy so . In fact, protecting mangroves can prevent an estimated $50 billion in annual damages to the U.S. economy from hurricanes, tropical storms, winds, and flooding. The Florida Department of Environmental Protection is the states lead agency for environmental management and stewardship protecting our air, water and land. 403.9321-403.9333. Persons applying for professional mangrove trimmer status must provide to the department a notarized sworn statement attesting: (a) That the applicant has successfully completed a minimum of 10 mangrove-trimming projects authorized by the department or a local government program. Some content on this site is saved in an alternative format. And if you don't know how to manage mangroves on a property, reaching out to certified PMT is the right decision. History.s. 5. . 0:52. Any such rule or policy must be demonstrated to substantially advance a fundamental purpose of the statute cited as authority for the rule or policy or shall be invalid. A delegated local government that wishes to discipline persons licensed under part II of chapter 481 for mangrove-trimming or alteration activities may file a complaint against the licensee as provided for by chapter 481 and may take appropriate local disciplinary action. This subsection applies only to property on which multifamily residential units exist as of June 1, 1996. (2)(a) The department, when deciding to issue or deny a permit for mangrove alteration or trimming under this section, shall use the criteria in s. 373.414(1) and (8). Is there a time of year that is best for trimming? A PMT is a person who has met the qualifications under the mangrove act (403.9329, F.S.). An inspection report from the DEP said the mangrove trees were originally cut to about 3.5 feet tall in a stretch of just over 550 feet along the marshy area along the Halifax River's east . 93-213, was transferred to s. 403.939 and subsequently repealed by s. 18, ch. The full text can be accessed online at: http://www.leg.state.fl.us/Statutes/. 3h ago. 9, ch. What is a Professional Mangrove Trimmer (PMT), and when do I need to use one? 403.9321-403.9333 is presumed to have occurred with the knowledge and consent of any owner, trustee, or other person who directly or indirectly has charge, control, or management, either exclusively or with others, of the property upon which the violation occurs. Seeds sprout while still on the trees and drop into the soft bottom around the base of the trees or are transported by currents and tides to other suitable locations. The departments denial of a request for a general permit is subject to review under chapter 120. What is a Riparian Mangrove Fringe, and how do I know if I have one? Mangrove trimming under a general permit is not limited to the Riparian Mangrove Fringe and can continue up to 500 feet waterward from the most landward mangrove tree. Is there a time of year that is best for trimming? This measurement is taken from the most landward mangrove trunk to the most waterward . Leaves drop from the mangrove trees and are quickly decomposed by fungi and bacteria. If the applicant does not agree to an extension and the department fails to act on the request within the 30-day period, the request is approved. Many animals find shelter either in the roots or branches of mangroves. The Florida Fish and Wildlife Conservation Commission also filed two misdemeanor charges against Sloulin, for alteration of mangroves without a permit and failure to possess a mangrove cutting permit. Pinellas County calls it an illegal hedging of protected mangrove trees. General permits may be used for mangrove trimming that does not qualify as exempt. Florida Department of Environmental Protection, Your JavaScript is turned off limiting this websites functionality. For more information, contact Kathryn Rossmell at krossmell@llw-law.com and Seth Behn and sbehn@llw-law.com. Why do I need to get a permit just to trim or remove them? History.s. The term mangrove also applies to thickets and forests of such plants. 11, ch. Even if you wish to trim mangroves, you can only do that if are between the heights of 6 feet and 10 feet. Learn more aboutstate regulations. Relief may be granted upon demonstration that such hardship is not self-imposed and that the grant of the variance will be consistent with the general intent and purpose of ss. The following icons link to free Reader/Viewer software:
For more information, see General Overview of Riparian Rights in Florida, Andrew J. Baumann, Esquire, which can be found at https://www.llw-law.com/wp-content/uploads/2016/04/General-Overview-of-Riparian-Rights-in-Florida.pdf. Since Florida has lost 86% of its mangroves since the 1940s, legislation has taken action to make sure the endangered tree population is protected. History.s. Note that tree removal is a very precise process that can be dangerous if not handled properly. Mangroves are one of Florida's true natives and are part of our state heritage. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida's natural resources and enhance its ecosystems .
2. However, mangroves are also gaining ground along their northern Florida habitat limits. History.s. We do not intend to treat as confidential, any information sent to us via this website and, such information could be used against you in the future. 10. Mangrove roots act not only as physical traps but provide attachment surfaces for various marine organisms. (5) The Legislature finds that the trimming of mangroves by professional mangrove trimmers has a significant potential to maintain the beneficial attributes of mangrove resources and that professional mangrove trimmers should be authorized to conduct mangrove trimming, under certain circumstances, without prior government authorization. . At that moment, all navigable waterways became the property of the State of Florida. (2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans. Do not cut, trim, remove, harvest, or harm mangroves. The following statutory provision controls the trimming and removal of mangroves. The permanent cutting of wood and anarchic construction of houses along the beach constitute a danger for this forest whose destruction is a serious threat to the ecosystem. Besides hurting someone, a large tree can land . Mangroves. 403.9321-403.9333 shall be administered so as to encourage waterfront property owners to voluntarily maintain mangroves, encourage mangrove growth, and plant mangroves along their shorelines. Home > Uncategorized > penalty for cutting mangroves in florida. The 1996 Mangrove Trimming and Preservation Act (sections 403.9321-403.9333, F.S.) Under its state permit, developers had permission to trim the mangroves within 28 acres of the 61-acre mangrove fringe . Research indicates that salinity, water temperature, tidal fluctuations and soil also affect the growth and distribution of mangroves. The Mangrove Act creates three regulatory schemes, which are overseen by the Florida Department of Environmental Protection (DEP) oversees[vi]. Since July 1, 1996, Lee County has generally not been involved in the regulation of mangrove trimming. Penalties for illegal mangrove-cutting are: . 4. This is the time of year that mangroves experience the least amount of growth, so any trimming will affect them the least as it will not cut off new growth. After over 500 mangrove trees were illegally slashed in Wilbur-By-The-Sea in the beginning of January, the Florida Department of Environmental Protection is issuing fines to the final two of . Interested in subscribing to DEP newsletters or receiving DEP updates through email? The penalty for removing or improperly pruning a mangrove is up to 5,000 dollars per plant. The homeowner also would be exempt to trim or altermangroves growing into their seawall as a maintenance/repair of their seawall. PDF: |
403.9326 and 403.9327, in areas where a local government has not established a professional mangrove trimmer qualification program as provided in subsection (7), must request in writing professional mangrove trimmer status from the department. If you think you fall into this alteration exemption, contact your district office with a description and pictures of the situation before beginning any activities. Unfortunately, that means many mangrove forests are dozed to make way for coastal development, sandy beaches and aquaculture (in particular, shrimp farming has led to large mangrove losses). 95-299; s. 3, ch. The mangrove forest is a tropical ecosystem that provides nursery support to the sports and commercial fisheries. They must be trimmed by certain arborists and landscapers that hold particular licenses . 3. No herbicide or other chemical will be used for the purpose of removing leaves of a mangrove. All contents copyright 2002 - 2023 Lewis, Longman & Walker, P.A. The roots of the red mangrove filter the salt out of ocean and brackish water, providing fresh water to the tree. (6) The departments decision to grant, deny, or revoke a professional mangrove trimmer status is subject to review under chapter 120. The maze of roots in the water creates shelters that function as natural fish hatcheries and nurseries, collects organic material to support the coastal ecology, and provides important habitat for birds and reptiles. Please send requests to become a professional mangrove trimmer (PMT) to SLERC@FloridaDEP.gov. Uncategorized. (4) It is the intent of the Legislature that ss. This article is not intended to serve as legal advice and does not establish a lawyer-client relationship. These . A delegated local government may impose stricter substantive standards than those of the department for the issuance of a permit authorized by this section but may not prohibit all mangrove trimming. They are common as far north as Cedar Key on the Gulf Coast and St. Augustine on the Atlantic Coast. These grass beds are critically important habitat for countless juvenile fish, crustaceans, and invertebrates. Questions regarding trimming in a delegated area should be directed to the responsible agency below. All the increase occurred north of Palm Beach County and the acreage between Cape Canaveral and St. Augustine doubled. The department or delegated local government may grant variances as it deems appropriate. 2, ch. [v] Fla. Stat. Word: |
The Ecological Importance of Mangroves. Any rule or policy of the department, or local government regulation, that directly or indirectly serves as a limitation on the exemptions provided by this section for trimming in riparian mangrove fringe areas is invalid. University of Florida Extension Office staff at 239-338-3232. . 96-206. Chinese tallow A professional mangrove trimmer (PMT) registered with Pinellas County must be used if the mangroves . will not create or establish an attorney-client relationship. (3) A person asserting professional mangrove trimmer status who wishes to use a general permit authorized under s. 403.9327 must complete and sign a notice of intent to use the general permit, along with the individual who owns or controls the property, and provide a copy of the departments qualification of professional mangrove trimmer status as provided for in subsection (2). Floridas legislature and government agencies strive to balance protection for the environment, meeting the needs of its citizens, and maintaining a strong economy. After the general permit requirements are followed, subsequent maintenance of the mangrove height is allowed under the exemption rules. 403.9321-403.9333 shall prevent any person who qualifies as a professional mangrove trimmer under subsection (1) from using the exemptions and general permits in ss. The third and final permitting scheme is that of the individual permit. These permits are required when the impacts to the mangroves exceed what is allowed under an exemption or the general permit rules. The property shoreline length must be less than 150 feet. This ecosystem traps and cycles various organic materials, chemical elements and important nutrients.