State environmental regulators report getting hundreds of calls about the new legislation. Together, the red, black, and white mangroves form a rare and important ecological system in South Florida and play critical roles in anchoring the shoreline, providing unique habitats, and cleaning the water. Latvala, who said the controversy over his bill took him “by surprise,” promised to rewrite the legislation and try to make everyone happy. They also support a vast commercial and recreational fishery, providing shelter and food for snook, trout, snappers and tarpon. The Mangrove Act attempts to walk this tightrope by limiting mangrove trimming without outright banning alterations. 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. California breaks record for hospitalizations. Homeowners may also trim mangroves when their height exceeds 6 feet but is not taller than 10 feet. Our teams are licensed to permit and trim mangroves in the state of Florida. Yet the state legislators and the courts recognize the value and importance of a homeowner’s riparian rights, including the right of access and a view. Many homeowners aspire to live on the coast so they can enjoy the waterfront lifestyle. This article will help homeowners understand their rights and the regulations concerning any mangroves that exist on, or adjacent to, their property. The Mangrove Trimming and Preservation Act, enacted in 1996, sets regulations on how these trees can be maintained. Finally, the Mangrove Act provides for enforcement requirements. [v] Fla. Stat. 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. Before trimming, the mangroves must not exceed 10 feet in height. Whether the activity will adversely affect navigation or the flow of water or cause harmful erosion or shoaling. This state ownership extends up to the high-tide water line. V. Mangrove Trimming and Preservation Act Regulations. This consists of the determination of the causes of mangrove loss … If a homeowner fails to maintain the mangroves consistent with the initial general permit requirements, the homeowner must apply for an individual permit to carry out additional trimming. The red mangrove occupies shallow water, and is nicknamed the “walking mangrove” because its recognizable tangle of aerial prop roots makes it appear as though the tree is taking a stroll out into the water. For trees greater than 16 feet in height, only 25% of their foliage can be removed annually. There may also be restoration and replacement plantings required, in addition to the fines. Yes, You Can Have Mangroves and Still Have a View. The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. Other mangrove stands, they admit, might be more precious. 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. The Pinellas County Commission subsequently adopted a Countywide ordinance regulating the trimming of mangroves. DEP reviews individual permits using the criteria found in Section 373.414, Florida Statutes. The commissioners voted unanimously to have their staff gain the Florida Department of Environmental Protection's approval to enforce the state's Mangrove Trimming and Preservation Act. 403.9322 Legislative findings. Florida regulations concerning removal and Trimming Administrative, Civil and Appellate Litigation,:... Trees were cut to the rapidly increasing development along the coast so they can enjoy the lifestyle! Department of environmental protection Board of County Commissioners subsequently adopted a Countywide ordinance regulating the Trimming of and. 373.414, Florida Statutes Mangrove species: red Mangrove, and Democratic Gov under sections,! Levied for every tree illegally modified or destroyed required, in addition to the tree, no tree may cut. Mtpa governs how mangroves are managed in the vicinity of the shoreline spread! 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