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Permit case finally gets
day in court
By Alyson Matley
amatley@keynoter.com
County defends extra
allocations awarded by state
Environmentalists are getting their day in court
this week, as a challenge to a state rule that would give Marathon and
unincorporated Monroe County increased building permits comes before an
administrative law judge.
Last Stand and the Florida Keys Citizens'
Coalition filed a petition for the administrative hearing in August,
claiming that rulemaking by the state allows both Marathon and the
county more permits than in previous years, violating previous legal
findings.
In an agreement put together
this spring between Marathon, Monroe County and the state Department of
Community Affairs, the county would receive 255 building permit
allocations, an increase over the 158 allotted annually. The rule also
allows the county to regain 181 permit allocations that were taken in
penalty when the county did not comply with state mandates.
For Marathon, the agreement would mean the current allocation of 24
annual permits would increase to 30 and the city would recoupe 65 lost
allocations.
Until the challenge is decided, permit allocations
for Marathon and the county are at a standstill.
The hearing is expected to
last all week. A second week is scheduled for the week of Nov. 15.
Administrative Law Judge Carolyn Holifield is hearing the case in
Tallahassee.
"A
lot is at stake," said Tim McGarry, director of Monroe County Growth
Management. "We worked out a partnership with the DCA, and that
partnership has the county making solid commitments for the purchase of
sensitive lands, creating affordable housing, and the construction of
wastewater facilities."
Environmental attorney Richard Grosso is in court
this week representing the Florida Keys Citizens' Coalition. Grosso,
upon filing the challenge, noted that last year, Gov. Jeb Bush and the
Cabinet cited Monroe County for failing to meet state goals in
environmental protection.
"But now, instead of
reducing the annual number of building permits by at least 20 percent as
required by law," he said after filing the suit, "the state is proposing
to increase permit allocations by 25 percent, to return permits lost in
previous years because of a lack of progress, and to extend the
deadlines for water quality and habitat protection."
Ed Davidson, chairman of
the group, agrees.
"After years of misbehavior, for the state to
reward [local government] by returning penalty permits and give extra
development permits is just unconscionable."
However, McGarry said the agreement reached
between the local governments and the state would be the most efficient
means of seeing that the Keys control growth over the long haul.
"There are fundamental
differences between what the board has to balance and what some
environmental groups believe," McGarry said. "Clearly we didn't meet
earlier commitments to the state. But this is a new approach for the
state. Instead of using penalties, they are providing incentives.
Grosso's group believes even the smallest bit of habitat is worth
preserving." |
