FOR IMMEDIATE RELEASE

DATE:            Saturday July 8, 2006

CONTACT:    Dennis Henize, President

PHONE:          305-296-3335

ENVIRONMENTAL GROUPS CHALLENGE COUNTY’S TIER SYSTEM

Unwilling to accept compromises which significantly weaken environmental protections the Tier System was supposed to afford, Last Stand has joined with the Florida Keys Citizens’ Coalition in challenging Monroe County’s implementation of the Tier System for allocating future growth in the Florida Keys. 

The appeal was filed Friday, July 7, on behalf of the groups by Richard Grosso of the Everglades Law Center.  

Although Last Stand supported the concept of Monroe County’s “Tier System” during its inception and evolution, the organization cannot abide by the final version of the System and the Land Development Regulations (LDRs) to implement it. “The regulations challenged today are meant to be the final, permanent changes to the County’s program to protect its vanishing natural habitats” said Grosso.  “They were supposed to implement the Carrying Capacity Study and state law, but they fall way short and virtually ensure that the critical functions of the Keys natural areas will be lost forever.” 

“Last Stand and the environmental community participated in developing the Tier System”, said Last Stand President Dennis Henize.  “Through countless workshops, hearings, and meetings, we participated in good faith in the process which was intended to implement major findings of the Florida Keys Carrying Capacity Study by improving the system of allocating development away from environmentally sensitive upland parcels.  The Carrying Capacity Study concluded that endangered wildlife habitat in the Keys could not withstand additional development stresses without danger of ecosystem collapse.  The Tier System was supposed be an improvement over the old ROGO point system of directing development away from sensitive areas.  After many compromises were made in the protections provided for by the Tier System, additional compromises were made, and too many loopholes now exist in the system for its protections to be effective.” 

Among other weaknesses in the Tier System are the placement of many parcels in a less protective Tier than is required by the parcel’s value, the lack of negative points assigned to parcels known to be habitat for threatened and endangered species, weak protection of transitional wetlands, and the existence of loopholes that allow lands to be placed in an even less – protective Tier in the future. 

“With lifting of the Area of Critical State Concern designation now on track for 2009”, says Henize, “it is now more important than ever that the best possible protections be in place for what is left of the natural environment in the Keys, and we feel that the Tier System, as it ended up, falls significantly short”. 

The legal challenge was filed with the Department of Community Affairs, and, if not resolved by the parties, would be heard by a state administrative law judge.  

For additional information regarding the legal challenge, contact Richard Grosso at the Everglades Law Center at 954-262-6140.