Item I08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15, 2012 Division: Growth Management
Bulk Item: Yes X No _ Department: Planning and Environmental Resources
Staff Contact Person/Phone #: Christine Hurley
(305) 289-2517
AGENDA ITEM WORDING: Approval of a resolution eliminating the tolling of time limit
requirements for obtaining a building permit after ROGO or NROGO allocations are awarded and
eliminating tolling of building permits and required building permit time lines for properties formerly
subject to the injunction against the issuance of flood insurance policies under the National Flood
Insurance Program when the FEMA injunction is lifted, and using the provisions of Ordinance 015-
2012 for permits and allocations previously tolled.
ITEM BACKGROUND: Previously the Board passed Resolutions 420-2005, 166-2006, 185-2007,
219-2008, and 282-2011 authorizing Growth Management to toll ROGO/NROGO allocation awards
and building permits for persons who could not obtain flood insurance because their properties were on
the FEMA Injunction List in the case of Florida Key Deer v. Fugate. On January 11, 2011, the United
States District Court for the Southern District of Florida approved a Settlement Agreement between the
Plaintiffs and the Federal Defendants in which the Federal Defendants agreed to notify the Court and
the parties when Monroe County and the other "participating communities" in the Florida Keys have:
1) revised their Flood Damage Prevention Ordinance(s); and 2) implemented procedures to reference
and use the updated real estate list and Species Focus Area Maps in compliance with paragraphs 2, 3, 4
and 5 of the Reasonable & Prudent Alternatives (as amended by the USFWS December 4, 2010 ). On
June 20, 2012, the Board passed Ordinance 015-2012 which revised the Flood Damage Prevention
Ordinance to comply with the above requirements. The ordinance will ensure compliance with the
Endangered Species Act and is effective when the injunction is lifted. When this ordinance becomes
effective it will ensure compliance with the Endangered Species Act. After the effective date of the
ordinance the injunction is anticipated to be lifted. Once the injunction is lifted, there will be no need
to toll allocation awards or building permits. Therefore, staff is requesting the tolling of
ROGO/NROGO allocation awards or building permits be eliminated when that occurs.
PREVIOUS RELEVANT BOCC ACTION:
BOCC meeting on November 16, 2005 Board approved Resolution 420-2005
BOCC meeting April 19, 2006 Board approved Resolution 166-2006
BOCC meeting May 16, 2007 Board approved Resolution 185-2007
BOCC meeting July 16, 2008 Board approved Resolution 219-2008
BOCC meeting September 21, 2011 Board approved Resolution 282-2011
BOCC meeting June 20, 2012 Board approved Ordinance 015-2012
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes N/A No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ELIMINATING THE TOLLING OF TIME LIMIT
REQUIREMENTS FOR OBTAINING A BUILDING
PERMIT AFTER ROGO OR NROGO ALLOCATIONS
ARE AWARDED AND ELIMINATING TOLLING OF
BUILDING PERMITS AND REQUIRED BUILDING
TIMELINES FOR PROPERTIES FORMERLY SUBJECT
TO THE INJUNCTION AGAINST THE ISSUANCE OF
FLOOD INSURANCE POLICIES UNDER THE
NATIONAL FLOOD INSURANCE PROGRAM
WHEREAS, the National Flood Insurance Program (NFIP) is a Federal program enabling
property owners in participating communities to purchase flood insurance in exchange for the
community's adoption of floodplain management regulations to reduce future flood damages; and
WHEREAS, in 1990, the National Wildlife Federation, Florida Wildlife Federation, and the
Defenders of Wildlife filed suit against the Federal Emergency Management Agency (FEMA)
(Florida Key Deer v. Fugate, 90- CV-10037) in the United States District Court for the Southern
District of Florida (District Court), claiming FEMA was not consulting with the U.S. Fish and
Wildlife Service (FWS or Service) as required by the Endangered Species Act in its administration
of the National Flood Insurance Program (NFIP) in Monroe County, Florida; and
WHEREAS, on March 29, 2005, the District Court granted summary judgment in favor of the
Plaintiffs finding that the Service and FEMA violated the Endangered Species Act and the
Administrative Procedures Act; and
WHEREAS, on September 9, 2005, the District Court entered an order enjoining FEMA from
issuing flood insurance under the NFIP on any new residential or commercial developments in
suitable habitats of federally listed (threatened or endangered) species in the Keys (the FEMA
Injunction) ; and
WHEREAS, at the Board of County Commissioners' October 19, 2005, regularly scheduled
meeting, the Growth Management Division staff received conceptual approval to prepare a
resolution that authorized the Growth Management Division to toll the permit time limits for those
applicants with ROGO/NROGO allocation awards and other permit holders who were unable to
proceed with financing and construction of their projects without federally backed flood insurance;
and
WHEREAS, subject to resolutions 420-2005, 166-2006, 185-2007, 219-2008, and 282-2011,
property owners were able to "toll" their building permits and ROGO and NROGO allocations
because they were not eligible for flood insurance as a result of the FEMA Injunction; and
August 15, 2012 BOCC
WHEREAS, the U. S. Fish and Wildlife Service presented a Biological Opinion (BO) to the
District Court which contains "Reasonable and Prudent Alternatives" (RPAs) that require Monroe
County and other communities participating in the NFIP in the Florida Keys to revise their Flood
Damage Prevention Ordinances within 120 days of acceptance of the BO by the District Court; and
WHEREAS, on January 11, 2011, the District Court approved a Settlement Agreement between
the Plaintiffs and the Federal Defendants, based on the BO and the RPAs as amended by the Service
on December 14, 2010, in which the Federal Defendants agreed to notify the Court and the parties
when Monroe County and the other "participating communities" in the Florida Keys have: 1) revised
their Flood Damage Prevention Ordinance(s); and 2) implemented procedures to reference and use
the updated real estate list and Species Focus Area Maps referenced in the RPA; and
WHEREAS, the County revised its Flood Damage Prevention Ordinance (Ordinance)
accordingly by passing Ordinance 15-2012 on June 20, 2012, and implementation procedures are in
place; and
WHEREAS, implementation of this Ordinance will enable the Court in Fes, 90- CV-10037, to
lift the FEMA Injunction; and
WHEREAS, the Ordinance prescribes the process for permits and allocations already tolled and
there will be no need to further toll allocations and building permits;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Upon the lifting of the injunction in the case of Florida Key Deer v. Fugate, 90- CV-
10037, there shall be no new tolling of building permits and ROGO and NROGO allocations.
Section 2. The criteria and time schedule in Ordinance 15-2012 shall be used for building permits
and ROGO and NROGO allocations which have been tolled prior to the lifting of the injunction in
Fugate, 90- CV-10037.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of the Board held on the day of )2012.
Mayor David Rice
Mayor pro tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
ATTEST:
DANNY L. KOLHAGE, CLERK
Deputy Clerk
August 15, 2012 BOCC
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor David Rice
MONff��QQE COUNTy�;/A��TORNEY
A! ED 'Tg1FORM
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