From Anita Page
SWCC Executive Director
Hello everyone. Here is some information on an issue that must soon be
resolved by the county. This is a complicated issue and is still evolving so bear with us as we try to keep you informed.
County Role and Taxpayer Money In Private Seawall Permits
On Jan. 30th, 2006, U.S. Fish & Wildlife (U.S.F.&W.) issued a letter to the
county stating that the seawalls on 158 out of 220 properties could negatively impact the habitat of three federally listed species- sea turtles, beach mice and piping plovers. Any action, including detrimental habitat modification (which will ultimately impact the species), that harms a listed species is called a ?take? under the Endangered Species Act.
Any person who wants to do an activity (e.g., construct a seawall) that might impact an listed species must apply to U.S.F.&W. for an ?incidental take permit?.
An ?incidental take permit? allows an activity to continue that would otherwise constitute an illegal take of a listed species. If the incidental take is allowed, the person must mitigate for the ?take? by establishing a Habitat Conservation Plan (HCP) that reduces or compensates for the harm to the species.
The letter states the county must obtain an ?incidental take? permit as the
county?s action in issuing the temporary permits facilitated a take. Additionally, the letter states each of the 158 property owners are required to have an incidental take permit if they are seeking a permanent permit for their walls. In addition to the permits, both the county and the individual property owners are responsible for implementing and maintaining an HCP.
Without an incidental take permit, the letter warns both the county and
property owners could face prosecution under the Endangered Species Act if a ?take? occurs as a result of a seawall.
For logistical reasons, U.S.F.&W. has asked the county to apply for one permit
on behalf of itself and the 158 private properties and to implement one HCP in
lieu of individual permits and HCPs. According to U.S.F.&W., there are grant
funds available to help defray the cost of the HCP. Proposals, however, must be submitted by March 20, 2006. We strongly encourage the county to vigorously pursue any potential grant funding for the Habitat Conservation Plan.
With regard to the 158 properties, it seems the county has several choices:
1. Do not apply for the county-wide permit. Let each individual property owner seek their own take permit and implement and maintain their own HCP.
2. File for a county-wide permit on behalf all affected property owners, apply
for a grant and administer an HCP on behalf of everyone.
If this option is chosen, we have two questions:
1. What is the county?s liability if it files for the permit and administers an
HCP on behalf of the private property owners?
2. Who will pay for the county-wide permit, the grant application and the
implementation and maintenance of the HCP?
3. Let each affected property owner get their own incidental take permit. For
consistency and the development of a comprehensive HCP, the county would
apply for a grant and administer an HCP on behalf of all the permit holders.
Again, who will pay for the HCP?
We understand that a comprehensive and integrated county-wide Habitat
Conservation Plan administered by the county may provide the strongest habitat protection for listed species and for the integrity of the beaches and dunes as opposed to 158 individual HCPs. Requirements of an HCP often include acquiring land for habitat, restoration of degraded habitat, strengthening buffers around habitat, modifications of land use practices, etc. It may well be that the county should administer the HCP on behalf of everyone.
We are not so sure, however, that county time and resources should be spent in pursuing a permit for the benefit of the 158 private property owners who want their walls to be permanent. U.S.F.&W. acknowledges the permit process ?can be lengthy?.
A recent article in the Walton Sun (Jan. 28th), implied that if the county helped the private property owners ?by obtaining the costly permits?, it would do so at its own (taxpayer) expense, ?something that might not sit well with inland property owners?. Our assumption would be that if the county undertakes to act on behalf of the private property owners with regard to obtaining a permit and/or establishing and maintaining an HCP, those property owners would contribute their fair share of all the expenses incurred by the county for their behalf.
February 14th County Commissioner Meeting on this Issue
Answers to these questions may be provided on February 14th. On that date,
Planning Staff will provide an update to the Commissioners on these issues at
the DeFuniak Springs courthouse. The meeting starts at 4:00 p.m. This issue is currently on the agenda for 6:50 p.m. The times are flexible, however. If you want to attend, I suggest you get there earlier than the scheduled time.