Item I07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15, 2012 Division: Growth Management
Bulk Item: Yes x No - Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289-2500
Michael Roberts - 289-2502
AGENDA ITEM WORDING:
Adoption of the written procedures for the FEMA required Permit Referral Process for parcels within the Fish & Wildlife
Service designated Species Focus Areas using the Species Focus Area Maps (SFAMs), associate parcel list and FWS
Species Assessment Guides (SAGs).
ITEM BACKGROUND:
The BOCC adopted resolution 015-2012 creating Chapter 122-8 of the Land Development Code. Chapter 122-8 provides
for inclusion of FEMA and USFWS requirements for implementation of the Permit Referral Process for reviewing parcels
that are with potentially suitable habitat for Federally listed species as depicted on the Species Focus Area Maps prepared
by the USFWS. Paragraph 5 of the Reasonable and Prudent Alternatives (RDA's) require that the Participating
Communities establish written procedures for referring floodplain development permit applications to the FWS, inclusion
of any conditions or modifications into the permits and enforcement of these conditions or modifications as required by
paragraph 4 of the RPA's.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC adopted resolution 015-2012 creating Chapter 122-8 of the Land Development Code on June 20, 2012.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes _ No
APPROVED BY: County Atty x
DOCUMENTATION: Included x
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
DISPOSITION: AGENDA ITEM #
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
FAX: (305) 289-2854
County of Monroe
Growth Management Division
Board of County Commissioners
Mayor David Rice, Dist. 4
Mayor Pro Tem Kim Wigington, Dist. 1
Heather Carruthers, Dist. 3
George Neugent, Dist. 2
Sylvia Murphy, Dist. 5
We strive to be caring, professional and fair
Monroe County Growth Management Division
July 3 0, 2012
Purpose: The purpose of the "Permit Referral Process" is to evaluate impacts of development on
Federally protected species including the Key Largo cotton mouse, the Key Largo wood rat, the Schuass'
swallowtail butterfly, the Keys tree cactus, the Lower Keys marsh rabbit, the silver rice rat, the Key deer,
the eastern indigo snake and the Stock Island tree snail. The Federal Emergency Management Agency
(FEMA) required Monroe County to adopt and implement these regulations. The U.S. Fish and Wildlife
Service (FWS) provided Species Focus Area and Species Buffer maps and a list of Real Estate numbers
that include all parcels of land whose development might cause an impact to potential suitable habitat of
these species. FWS also provided Species Assessment Guides (SAGS) aid in the determination of
whether a proposed action is likely to adversely affect any of the covered species. The County Staff will
use the SAGS to conduct an initial review of each permit applied for in these areas. Proposed
development that results in a "may affect" determination will be referred to FWS for final determination.
All of the documents relation to this review may be found @
http://fl-monroecounty.civicplus.com/index.aspx?NID=555.
WRITTEN PROCEDURES FOR PERMIT REFERRAL PROCESS:
The following written procedures are established in accordance with paragraph 5 of the Reasonable and
Prudent Alternatives (RPA), referenced in the U.S. Fish and Wildlife Service's (FWS) Biological
Opinion dated April 30, 2010 and amended on December 14, 2010. These written procedures outline the
County's process for reviewing development applications according to FWS published Species
Assessment Guides (SAGS); and referring development permit applications to FWS, inclusion of any
conditions or modifications into the development permits involved, and enforcement of those conditions
or modifications. For more information, see Section 122-8 of the Monroe County Code of Ordinances or
Ordinance No. 015-2012.
Prior to Permit Application:
• The County shall educate the public on the new floodplain development criteria "Permit Referral
Process" and procedures — including the Species Focus Area Maps (SFAMs), Real Estate parcel
list (RE List), Species Assessment Guides (SAGS), free -roaming cat brochure, and these written
procedures — by making the information available on the internet and at the County Building and
Planning and Environmental Resources Departments.
• The County shall encourage Applicants to review the information available on the Internet and at
the Departments prior to submitting an application for a building, floodplain, or development
permit.
• The County may advise Applicants to consult with FWS early in the development process if it
appears there would be a "May Affect" outcome, based on the SFAMs, RE List and SAGS.
Permit Review Procedures:
1. The Applicant submits a complete building, floodplain permit application to a Customer
Service Representative (CSR) in the Growth Management Division Building Department.
2. The CSR includes a Species Focus Area Assessment Form. A biologist determines whether
the subject property is within a Species Focus Area or Buffer Area on the SFAMs or is on
the RE List. Initially, paper or electronic PDF copies of the SFAMs, RE List and Assessment
Form will be available for staff to use. Eventually, the SFAMs, and RE List may be
incorporated into Community Plus, which is the County's development permit database.
3. For permit applications on property that is not located within a Species Focus Area on the
SFAMs and is not identified on the RE List (in other words, a "No Effect" determination),
the Biologist places an Assessment Form in the permit file indicating the following:
a) the individual that made the determination;
b) the date of the determination; and
c) the date of the SFAMs and RE List used to make the determination.
After the Assessment Form is completed, the Building Official, Floodplain Administrator may take
action on the permit without further concerns for threatened and endangered species (or their critical
habitat) on the site. The CSR provides all Applicants with a cat brochure at permit issuance. The permit
may be issued.
4. For permit applications on property that is located within a Species Focus Area on the SFAMs or is
identified on the RE List as containing potentially suitable habitat, a biologist uses the SAGs to
determine whether the proposed development would result in No Effect, Not Likely to Adversely Affect
(NLAA), or May Affect Federally Protected Species. The determination is made by the Biologist through
a sequence of steps referenced in each SAG and documented on the Assessment Form, which must be
signed by the Applicant.
a. If the determination reached through use of the SAGs is No Effect or NLAA, then the
Biologist documents this conclusion on the Assessment Form. If the determination
includes any conditions (i.e., eastern indigo snake protection measures, habitat
compensation), then the biologist includes these conditions as part of the permit
conditions. The Biologist completes and signs the Assessment Form. When the permit
returns to the CSR, the CSR ensures that the Applicant signs the Assessment Form and
any other required documents, as acknowledgement and acceptance of the conditions. The
CSR provides the Applicant a cat brochure at permit issuance. The permit may be issued.
b. If the determination reached through use of the SAGs is May Affect, then the Biologist
routes the permit to the Senior Biologist, who forwards May Affect applications to FWS
on a weekly basis. If the application meets all other applicable Monroe County land
development and building codes, the County may issue the building permit with a
condition that construction may not begin until a Notice To Proceed is issued.
5. After review of the permit application, if FWS determines the proposed development may adversely
affect threatened or endangered species or designated critical habitat, then FWS notifies FEMA, the
County and the Applicant in writing of the "May Affect" determination and the need for any conditions,
modifications, or other additional actions to ensure the protection required pursuant to Sections 7 or 10 of
the Endangered Species Act. The Biologist incorporates FWS's "May Affect" determination letter and
any conditions, modifications, or other additional actions into the Notice To Proceed. When the permit
returns to the CSR, the CSR ensures that the Applicant signs the Assessment For and other required
documents as acknowledgement of the conditions and agreement thereto. The CSR provides the
Applicant a cat brochure at permit issuance. The Notice To Proceed may be issued.
6. In the event of non-compliance with any conditions, modifications, or other additional actions
requested by FWS, then the Floodplain Administrator proceeds with Code Compliance and may request
that FEMA deny individual flood insurance for the subject property. For permittees that do not agree to
the FWS conditions, the Notice to Proceed may not be issued and/or the permit may be revoked.
7. The Senior Biologist/Floodplain administrator or other appropriate County staff reserves the right to
refer any permit application to FWS for consultation.
After Permit Issuance:
• The Floodplain Administrator, the Planning and Environmental Resources employees and the
Code Compliance Officers shall enforce all FWS conditions that are incorporated as conditions of
the building permit. In the event of non-compliance with any permit conditions by the Applicant,
the County shall request that FEMA deny individual flood insurance for the subject property and
may proceed through Code Compliance.
• The Senior Biologist shall maintain the County's permit records, containing Assessment Forms
and permit conditions. The Floodplain Administrator shall make the County's permit records
available for review by FEMA during community assistance visits.
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