HomeMy WebLinkAboutItem U12 � � °�� BOARD OF
COUNTY of
COUNTY
COMMISSIONER
MONROE S
s" Mayor Michelle
The Florida Keys
,e Lincoln,District 2
M6
Mayor Pro Tem
David Rice,District
4
Craig Cates,District
1
James K.Scholl,
District 3
Holly Merrill
Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number:
26-32335
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Michael Roberts
AGENDA ITEM WORDING:
A Public Hearing to Consider Approval of an Ordinance Amending Monroe County Land
Development Code Sections 118-10, 118-12, 122-3, and 122-12 to Delete References to the County's
Notice To Proceed Requirements.
ITEM BACKGROUND:
Monroe County Planning and Environmental Resources Department professional staff are seeking the
referenced text amendments due to revisions to Florida Statutes Section 125.022, which removed
restrictions on the right and ability of a county to require applicants for a county building permit to
obtain all other applicable state or federal permits prior to issuance of the building permit.
In 2012, Florida Statutes Section 125.022 was amended to prohibit a county from requiring as a
condition of processing or issuing a development permit that an applicant obtain a permit or approval
from any state or federal agency unless the agency has issued a final agency action that denies the
federal or state permit before the county action on the local development permit, which as defined
included building permits. Florida Statutes Section 125.022 was again amended in 2013 to specify that
the term"development permit"has the same meaning as in Florida Statutes Section 163.3164 but does
not include building permits.
The amendments to the Monroe County Land Development Code (LDC) adopted in 2016 (Ordinance
No. 006-216) followed the criteria of Florida Statutes (F.S.) Section (Sec.) 125.022 circa 2012. The
currently proposed LDC amendments reflect subsequent amendments and revisions to F.S. Sec.
125.022 through 2025. The pertinent changes to F.S. Sec. 125.022 are tracked and highlighted below.
2012:
125.022 Development permits. When a county denies an application for a development permit, the
county shall give written notice to the applicant. The notice must include a citation to the applicable
portions of an ordinance, rule, statute, or other legal authority for the denial of the permit. As used in
this section, the term"development permit"has the same meaning as in s. 163.3164. For any
development permit application filed with the county after July 1, 2012, a county may not require as a
condition of processing or issuing a development permit that an applicant obtain a permit or approval
from any state or federal agency unless the agency has issued a final agency action that denies the
federal or state permit before the county action on the local development permit. Issuance of a
development permit by a county does not in any way create any rights on the part of the applicant to
obtain a permit from a state or federal agency and does not create any liability on the part of the county
for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state or federal
law. A county may attach such a disclaimer to the issuance of a development permit and may include a
permit condition that all other applicable state or federal permits be obtained before commencement of
the development. This section does not prohibit a county from providing information to an applicant
regarding what other state or federal permits may apply.
History. s. 1, ch. 2006-88; s. 1, ch. 2012-205.
163.3164 Community Planning Act; definitions. As used in this act:
(16) "Development permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government
having the effect of permitting the development of land.
2025:
125.022 Development permits and orders.
(6) As used in this section, the terms "development permit" and"development order"have the same
meaning as in s. 163.3164, but do not include building permits.
(7) For any development permit application filed with the county after July 1, 2012, a county may not
require as a condition of processing or issuing a development permit or development order that an
applicant obtain a permit or approval from any state or federal agency unless the agency has issued a
final agency action that denies the federal or state permit before the county action on the local
development permit.
163.3164 Community Planning Act; definitions. As used in this act:
(15) "Development order" means any order granting, denying, or granting with conditions an
application for a development permit.
(16) "Development permit" includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government
having the effect of permitting the development of land.
PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT
I.,Proposed Amendment: deletions are shown in --®k -_ ��-�; additions are shown in A
e
71,J. .e
Chapter 118- ENVIRONMENTAL PROTECTION
ARTICLE 1.- IN GENERAL
Sec. 118-10. Environmental Design for Specific Habitat Types.
(c) Beach berm complex or disturbed with beach berm. All structures developed, used or
occupied on land classified as a beach berm complex or as disturbed with beach berm shall
be designed, located and constructed such that:
(1) All structures are elevated on pilings or other supports.
(2) No beach berm material is excavated or removed and no fill is deposited on a beach
berm except as needed for shoreline stabilization or beach renourishment projects with a
valid public purpose that furthers the goals of the Monroe County Comprehensive Plan,
as determined by the Planning Director. If applicable, all such projects shall require
approval by the Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers prior to,the �u �� ,„ ,,,, , „fro ,,,,, p, N11.0� bt..iij,�dj-.n�g,,,,,,,peRi ,,,„,,,
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(3) The clearing of beach berm vegetation is limited to the minimum clearing required to
allow development of a permitted use. Beach berm areas disturbed during construction
shall be immediately restored to stable condition pursuant to a restoration plan approved
by the County Biologist. Restoration techniques shall be designed to achieve the
maximum stability possible. Native plants shall be used exclusively in re-vegetation.
(4) A construction impact zone is provided and construction barriers are required at the
outer edge of the construction impact zone and shall be visible and of durable material
such as wood, rope or wire cable. No fencing or other material that can entrap wildlife
may be used as a construction barrier on a beach berm. No vehicular or pedestrian
traffic shall be permitted outside of the construction barriers for the duration of the
construction period. Barriers shall remain in place and maintained in a functional
condition until final inspection for a certificate of occupancy has been approved.
(e) Mangroves,wetlands, and submerged lands. All structures developed, used or occupied on
land classified as mangroves, wetlands or submerged lands (all types and all levels of
quality) shall be designed, located and constructed such that:
(4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged
lands except:
a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
Seawalls, Riprap) and 118-12(1) (Boat Ramps);
b. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat
basin or swimming pool if the County Biologist determines that such filling will
not have a significant adverse impact on marine or wetland communities provided
regulatory approval by the Florida Department of Environmental Protection and the
U.S. Army Corps of Engineers is received prior to the..........; �ro a ����. 1 issuance a
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c. As needed for shoreline stabilization or beach renourishment projects with a valid
public purpose that furthers the goals of the Monroe County Comprehensive Plan,
as determined by the County Biologist;
d. For bridges extending over wetlands that are required to provide automobile or
pedestrian access to lawfully established dwelling units located on upland areas
within the same property for which there is no alternate means of access. Such
bridges shall be elevated on pilings so that the natural movement of water,
including volume, rate and direction of flow shall not be disrupted or altered; or
e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
appropriate mitigation as defined by the wetland regulations of subsection(e)(6) of
this Section.
(5) After-the-fact exclusion. No after-the-fact permits shall be issued that violate the County
dredge and filling regulations. All fill shall be removed and all damages mitigated.
(6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh and
buttonwood association may be filled for development in accordance with the following
criteria:
a. Disturbed wetlands proposed for filling will be evaluated by a County Biologist
using the Keys Wetlands Evaluation Procedure (KEYWEP) and assigned a
KEYWEP score. The County Biologist may conduct a current KEYWEP analysis
to confirm or update a parcel's KEYWEP scores.
1. Wetland quality categories based on KEYWEP scoring:
i. High functional capacity wetlands: those wetlands that score higher
than 5.5, regardless of previous disturbance. Development is
prohibited under any circumstances.
ii. Moderate functional capacity wetlands: those wetlands that score
5.5 or less, but greater than or equal to 4.6. These wetlands are
suitable for development with appropriate mitigation.
iii. Low functional capacity wetlands: those wetlands that score less
than 4.6 or are assigned a green-flag designation as suitable for
development. These wetlands are suitable for development with
appropriate mitigation.
2. Wetlands determined by KEYWEP to have a high functional capacity
(those wetlands that score above 5.5 or those wetlands that are assigned a
red flag) are not suitable for filling. The open space ratio for such
wetlands will be 1.0 (100%).
3. Wetlands determined by KEYWEP to have moderate or low functional
capacity (those wetlands that score 5.5 or less or are assigned a green
flag) are suitable for filling with appropriate mitigation, as determined by
the Florida Department of Environmental Protection (DEP) and the U.S.
Army Corps of Engineers (ACOE). ,A.J.11..,; r U-i-re,,, a„ N d ,,,,,, � E � � ,,.
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satisfied
b. Placement of fill within disturbed wetlands is subject to the environmental design
clustering criteria (see Section 118-7(f)). Less sensitive habitats on the subject
parcel must be developed before disturbed wetlands are filled.
c. Any portion of a wetland filled under these provisions shall be considered
disturbed habitat with a required open space ratio of 0.20. In the event that state
and/or federal permits restrict fill to the development area only, this provision will
not apply.
d. Any development within a wetland so filled shall conform to the setbacks
established by the DEP and the ACOE permits, and to the minimum yards required
by Chapter 131 of this LDC.
Sec. 118-12. Shoreline Setback.
(k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted, provided that:
(1) Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
demonstrated that their purpose is necessary for erosion control. Any attachments to seawalls
or bulkheads, such as davits, cleats, and platforms, or any other elements that constitute
docking facilities shall not be allowed except as accessory to a principal use. Seawalls
without a principal use may have a cap of no more than two feet in width.
(2) Existing grade landward of the bulkhead shall be at least six inches lower than the top of the
bulkhead.
(3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads
shall be permitted only if native vegetation and/or riprap and filter cloth is not a feasible
means to control erosion. No new seawalls, bulkheads, or other hardened vertical structures
shall be permitted on open water.
(4) Lawfully existing, deteriorated seawalls and bulkheads may be repaired and/or replaced and
are exempt from the nonsubstantial improvements limitations except on known or potential
sea turtle nesting beaches. Repairs and/or replacements must maintain the existing footprint
to the maximum extent practicable.
(5) Whenever feasible, riprap, bulkheads, retaining walls and seawalls should be placed
landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
aquatic biotic communities shall be preserved to the maximum extent possible.
(6) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave energy
and provide substrate for marine organisms.
(7) No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted on
or waterward of any portion of any beach berm complex that is known to be or is potential
nesting area for marine turtles as determined by the County Biologist, the state, and/or other
appropriate agencies. Within known or potential nesting areas, the County Biologist may, in
cooperation with the Florida Department of Environmental Protection, determine that
specific segments of shorelines have been previously lawfully altered to such a degree that
suitable nesting habitat for marine turtles is no longer present. In such cases, the County
Biologist in cooperation with the Florida Department of Environmental Protection may
recommend reasonable measures to restore the nesting habitat. If such measures are not
feasible, the setback requirements of this subsection do not apply. Restoration of suitable
nesting habitat shall be required for unlawfully altered beaches.
(8) Beach renourishment projects on open water may be approved only upon a determination by
the County Biologist that the project has a valid public purpose that furthers the goals of the
Monroe County Comprehensive Plan.
(9) All such projects shall require state and/ore era permits prior tote „gym',;p�,�°�, ,;,,,,,;,,,,;,,,;, ,,,J.,,..........a,,,,,,,,,;,,,,,,,......,,,J.,, „,; ,, ,
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(1) Boat ramps. Boat ramps shall be permitted provided that:
(1) All boat ramps shall be located and designed so as not to create a setback nonconformity for
existing structures from the new MHW line created by the boat ramp.
(2) All boat ramps shall be confined to shorelines of manmade canals, channels, and basins with
little or no native vegetation.
(3) The width of boat ramps, including side slopes, shall be limited to 15 feet, except that ramps
serving commercial uses, public uses, or more than three dwelling units may be 35 feet in
width.
(4) All above-water ramp, side slope or wall structures shall be located landward of the original
MHW line. This area shall be subtracted from the total area allowed for structures in the
shoreline setback in Section 118-12(c).
(5) A maximum of two accessory docks, abutting either or both sides of the ramp, are allowed
provided setback requirements are met. These docks may extend beyond MHW, but shall
comply with all requirements of this Section and Section 118-10(d).
(6) Construction of a boat ramp shall not involve any filling of surface waters except for the
minimum amount needed for the actual boat ramp surface, side slopes, walls or pilings for
accessory docks. Walls may not exceed two feet in width.
(7) Dredging shall be limited to the minimum amount necessary to construct the boat ramp and
may not exceed 100 cubic yards of total excavation above and below MHW. No dredging of
submerged grass beds or hardbottom communities shall be allowed.
(8) All such projects shall require approval by the Florida Department of Environmental
Protection and the U.S. Army Corps of Engineers prior to ,,,,,,,,,a pr al � i. ua .ee o t a
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(m) Docking facilities. Docking facilities shall be permitted, provided that:
(1) Permit. All required permits from the Florida Department of Environmental Protection and
Arm Corps of Engineers shall be obtained prior to l" g i a:� a�� i..S �a� .�-- : f .colint
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(6) Required conditions. Any docking facility shall meet the following conditions:
a. All pilings associated with the construction of any dock shall be non-CCA-leaching
(recycled plastic, concrete) or be wrapped with impermeable plastic or PVC sleeves.
Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter thickness
and shall extend from at least 6 inches below the level of the substrate to at least 2 feet
above the mean high water line.
b. Docking facilities that do not terminate over seagrass beds or hardbottom communities
must have at least four feet(4ft) of water depth at MLW at the terminal end of the
docking facility, and continuous access to open water. A benthic survey shall be
submitted to document the presence or absence of seagrass beds and/or hardbottom
communities;
c. A docking facility that extends across a full ten percent of the width of any body of
water may terminate in water less than four feet (4ft) at MLW if this water depth occurs
within five horizontal feet of the terminal end of the docking facility such that the
centerline of an average vessel will rest in water of adequate depth, and continuous
access to open water is available;
d. Docking facilities may be developed on the shoreline of lots in a subdivision that was
approved before September 15, 1986, if the docking facility is located in a channel or
canal that was dredged before September 15, 1986, and if there is a MLW depth of at
least four feet (4ft) at the terminal end of the docking facility. Such docks shall not
exceed ten percent of the width of the channel or canal; and
e. Docking facilities that terminate over seagrass beds or hardbottom communities may
only be permitted when the water depth at the terminal platform is at least four feet(4ft)
above the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms
at MLW and continuous access to open water of navigable depth is available. The height
of pier type docks over benthic biological resources shall be a minimum of 5 feet above
mean high water (MHW) as measured from the top surface of the decking, and the total
size of the platform shall be limited to 160 square feet. The configuration of the
platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall
conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3
feet above MHW to facilitate boat access. A benthic survey shall be submitted to
document the presence or absence of seagrass beds and/or hardbottom communities. A
bathymetric survey shall be submitted to document the water depth at the terminal end
of the pier and/or platform and to ensure that continuous access to open water of
navigable depth is available. All such projects shall require approval by the Florida
Department of Environmental Protection and the U.S. Army Corps of Engineers prior to
(n) Water access structures. The following specific types of structures, or portions thereof,
extending over mangroves, wetlands, or submerged lands, shall be permitted only on shorelines of
water bodies other than manmade canals, channels, and basins. All required permits from the
Florida Department of Environmental Protection and the Army Corps of Engineers shall be
obtained prior to ,� ,,,,,,,approval,,,,,,, „ � i �� i.� ,,,,,,, ,,,,,, ti i�,d i.,� �,,,grn-i�f„„
Chapter 122- FLOODPLAIN MANAGEMENT
ARTICLE I.- IN GENERAL
Sec. 122-3. -Definitions.
The following words, phrases and terms shall, for the exclusive purposes of this chapter only, have the
specific definitions and meanings shown in this section. Where such words, phrases and terms are not
defined in this chapter and are defined in the Florida Building Code, such words, phrases and terms
shall have the meanings ascribed to them in the Florida Building Code. Where such words, phrases and
terms are not defined in this chapter or the Florida Building Code, the county shall utilize the adopted
definitions within Chapter 101 of the Monroe County Land Development Code. If the definitions of
such words,phrases and terms are not within the Land Development Code, the words,phrases and
terms shall have ordinarily accepted meanings as its context and the context of its provision and its
provision's structural placement imply.
ARTICLE II. ADMINISTRATION
Sec. 122-12. Inclusion of United State Federal Emergency Management Agency and United
States Fish and Wildlife Service (FWS) required permit referral process (PRP) in final permit
determinations for development.
(d) Administration of development approval in species focus areas.
(2)FWS technical assistance permit requirements. For parcels or lots shown within the SFAMs in
which an application for a permit for development has been made including 1) expanding the footprint
of a structure; and/or 2) expanding clearing in habitat(including native vegetation removal); and/or 3)
placement of fencing into Key deer habitat, if the SFAM indicates the parcel or lot contains suitable
habitat for any of the following species: Key Largo cotton mouse, Key Largo wood rat, Key tree-
cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver
rice rat, and/or Stock Island tree snail, and the parcel or lot is listed on the RE list, the planning director
or his/her designee shall use the SAGs to determine whether a floodplain development permit
application requires:
a. Incorporation of FWS SAG requirements as conditions into the Monroe County permit and the
county may issue the permit, pursuant to all applicable codes; or
b. If, according to the SAGs, the proposed development needs technical assistance by �T , ,
the county shall i,; t t Ruud ;;, in..w ,,,, i ,,,u,,,w, - - =-- ---- - in
3 9
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1. The applicant h. l.]. seek and obtain technical assistance from the . �,: �� o r t the
pp .............................................................I ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.....,,,,,,,,,�,,,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........................
mi.roval o ,,,,,n �q, ,,, ,;; i ; and
2. The applicant �,„ obtain,prior to t���. ,,, ,;; ,;,, .��l,,,,,of,,,,,, ou.t...' ,b..jj l u °'11 � �,,
all applicable state or federal permits or approvals pursuant to Section
122-11(h); and
a
c. For a floodplain development permit application that requires the . ®m� � ,, technical
assistance, Monroe County shall provide the application to the d ®V ,,,,,,,,,,,,,,,,weekly. Based on the
..................................................®V ;°,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1°..,,,,,,,,,,,,,,,technical assistance, the applicant shall submit the FWS written requirements to the
county. If the applicant agrees to the FWS requirements, in writing, Monroe County
includes the technical assistance requirements provided by the
federal agency to avoid possible impacts on federally listed (threatened or endangered) species, as
conditions in the Monroe County permit.
d. For a development permit application that requires mitigation and/or compensation for adverse
effects to native habitat, monetary compensation generated will be applied to restoration and/or
purchase of native habitat.
e. The county shall maintain an applicant acceptance form, of the requirements in the
permit file.
. , If the parcel is within an area previously covered by a habitat conservation plan, and where that
habitat conservation plan has expired at the time of development permit application, the county shall
apply the permit referral process in this section, unless mitigation was completed for the associated
impacts.
® , If the property owner does not agree to the FWS technical assistance requirements to be included
in the development permit as conditions, the county shall not issue
ttie development permit.
i-..h For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat and Lower
Keys marsh rabbit habitat, property owners shall agree to execute and record a covenant restriction
in favor of Monroe County which prohibits free ranging cats. This requirement alleviates direct and
cumulative loss of species habitat which will not negatively impact the total number of new
residential permits that may be issued under species assessment guides (SAGs).
(3)Provision forflood hazard reduction and avoiding impacts on federally listed(threatened or
endangered) species enforcement. All proposed development shall meet the conditions established on
the floodplain development permit , which includes FWS technical assistance
requirements included as conditions on the Monroe County development permits, to avoid possible
impacts on federally-listed species (threatened or endangered). Violation of this section, including any
development constructed not in accordance with the FWS requirements, included as conditions on the
Monroe County development permit, derived through use of the SAGs or through technical assistance
by FWS, are hereby deemed to be violations of the County Code and may be enforced utilizing the
administrative enforcement procedures set forth in Chapter 8, Monroe County Code of Ordinances.
Further, Section 118-11 shall be utilized to require environmental restoration standards.
(5)Permit issuance for annual allocation awards from the Rate of Growth Ordinance (ROGO), Non-
Residential Rate of Growth Ordinance (NROG0) . Permit applications processed through
the permit referral process that result in a "may affect determination" for the proposed development
through the application of the species assessment guides which require the permittee to coordinate with
FWS shall c,,,,,, the ,,;,,,, W c c c ,,w a ,,, � r m .. and.,,,,,,,,,,,,,,,
i t.a lice b i.l � .. °M--i a .r t °� . �C i � r . . ' M, ].]. ati. i. . e .i ;
Mplications forh-.i ,h.. R 0GO/N.R OGO a......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................: ji c�tio� ii:i.. c c�� ec e c�c�l a� ac�c�e........................................................................................................................................................................................................................................................................................................................................................................................................................................p.te l one. � �............................................................................................................................................................. � r c�...................... .�....... ...........1 a k a
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,,,,,,,�. 2..............................................sf al have a total of 360 days from the date of a county issued written notice to conclud ..........................
.....................................e the
required coordination with FWS and pick up the building permit,
r® ,"' ° . This timeframe may be extended by the planning director if the applicant can
affirmatively demonstrate that he or she has timely and actively sought coordination.
A. The proposed amendment is consistent with one or more of the required provisions of LDC
Section 102-158(d)(7)(b):
New issues;
The Florida Legislature adopted revisions to Chapter 125.022 Florida Statutes necessitating
the proposed revisions to provide for consistency and compliance. The Monroe County Land
Development Code (LDC), adopted in 2016 (Ordinance 006-2016), followed the criteria of
125.022 F.S. as promulgated in 2012. The currently proposed amendments to the LDC reflect
subsequent amendments and revisions to 125.022 through 2025.
B. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan.
C. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2012- The BOCC adopted Ordinance No. 015-2012 amending Chapter 122 (Floodplain
Regulations) and creating LDC Section 122-8 providing for inclusion of United States Federal
Emergency Management Agency(FEMA) and United States Fish and Wildlife Service (FWS)
requirements in Permit Referral Process implementation and determinations.
April 13, 2016- The BOCC adopted Ordinance No. 006-2016 amending the Monroe County Land
Development Code to be consistent with the proposed Monroe County Year 2030 Comprehensive Plan.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
PROFESSIONAL STAFF RECOMMENDATION:
Professional staff recommends approval of the proposed amendments to the Land Development Code.
DOCUMENTATION:
BOCC Staff Report
2025-103 BOCC Ordinance
FINANCIAL IMPACT:
N/A
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue If yes, amount:
Producing:
No
Grant: No
County Match:
PubliciConsider v ie Amending Monroe County Land
Development Code Sections 118-10, - , - , and 122-12 to Deletes t
the unt 'S Notice To Proceede uire e t .
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4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.I.C.P.,1 C.F.M.,2 Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Michael Roberts, C.E.P.3, P.W.S.4I C.F.M., Assistant Director- Environmental Resources
13 Monroe County Planning and Environmental Resources Department
14
15 Date: June 25, 2026
16
17 Subject: A Public Hearing to Consider Adoption of an Ordinance Amending Monroe County Land
18 Development Code Sections 118-10, 118-12, 122-3 and 122-12 to Delete References to the
19 Notice To Proceed Requirements.s
20
21 Meeting: July 15, 2026
22
23 I. REQUEST:
24
25 The Monroe County Planning and Environmental Resources Department is seeking to process
26 amendments to the Land Development Code ("LDC") amending LDC Sections 118-10, 118-12, 122-3
27 and 122-12 to delete references to the Notice To Proceed requirements.
28
29 II. BACKGROUND INFORMATION:
30
31 Monroe Couty Planning and Environmental Resources Department professional staff are proposing the
32 subject referenced text amendments due to revisions to Florida Statutes Section 125.022, which
33 removed restrictions on the ability of a county to require applicants for a county building permit to
34 obtain all other applicable state or federal permits prior to issuance of the building permit.
35
36 In 2012, Florida Statutes Section 125.022 was amended to prohibit a county from requiring as a
37 condition of processing or issuing a development permit that an applicant obtain a permit or approval
38 from any state or federal agency unless the agency has issued a final agency action that denies the
39 federal or state permit before the county action on the local development permit, which as defined
40 included building permits. Florida Statutes Section 125.022 was again amended in 2013 to specify that
1 American Institute of Certified Planners(A.I.C.P.)—Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
'National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P).
4 Society of Wetland Scientists(S.W.S.)—Professional Wetland Scientist(P.W.S.).
5 Monroe County Planning and Environmental Resources Department File No. 2025-103.
BOCC SR 07_15_2026 Page 1 of 19
File 2025-103
I the term"development permit" has the same meaning as in s. 163.31646 but does not include
2 building permits.
3
4 The amendments to the Monroe County Land Development Code (LDC) adopted in 2016 (Ordinance
5 006-216) followed the criteria of 125.022 F.S. as promulgated in 2012. The currently proposed
6 amendments to the LDC reflect subsequent amendments and revisions to 125.022 through 2025. The
7 pertinent changes to 125.022 are tracked and highlighted below.
8 2012:
9 125.022 Development permits. When a county denies an application for a development
10 permit, the county shall give written notice to the applicant. The notice must include a citation
11 to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of
12 the permit. As used in this section, the term "development permit"has the same meaning as in
13 s. 163.3164. For any development permit application filed with the county after July 1, 2012, a
14 county may not require as a condition of processing or issuing a development permit that an
15 applicant obtain a permit or approval from any state or federal agency unless the agency has
16 issued a final agency action that denies the federal or state permit before the county action on
17 the local development permit. Issuance of a development permit by a county does not in any
18 way create any rights on the part of the applicant to obtain a permit from a state or federal
19 agency and does not create any liability on the part of the county for issuance of the permit if
20 the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
21 federal agency or undertakes actions that result in a violation of state or federal law. A county
22 may attach such a disclaimer to the issuance of a development permit and may include a permit
23 condition that all other applicable state or federal permits be obtained before commencement of
24 the development. This section does not prohibit a county from providing information to an
25 applicant regarding what other state or federal permits may apply.
26 History. s. 1, ch. 2006-88; s. 1, ch. 2012-205.
27
28 2013:
29 125.022 Development permits.
30 (1) When reviewing an application for a development permit that is certified by a
31 professional listed in s. 403.0877, a county may not request additional information from the
32 applicant more than three times, unless the applicant waives the limitation in writing. Before a
33 third request for additional information, the applicant must be offered a meeting to attempt to
34 resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the
35 request for additional information is not authorized by ordinance, rule, statute, or other legal
36 authority, the county, at the applicant's request, shall proceed to process the application for
37 approval or denial.
38 (2) When a county denies an application for a development permit, the county shall give
39 written notice to the applicant. The notice must include a citation to the applicable portions of
40 an ordinance, rule, statute, or other legal authority for the denial of the permit.
41 (3) As used in this section, the term"development permit"has the same meaning as in s.
42 163.31645 but does not include building permits.
43 (4) For any development permit application filed with the county after July 1, 2012, a county
44 may not require as a condition of processing or issuing a development permit that an applicant
45 obtain a permit or approval from any state or federal agency unless the agency has issued a
6 Fla. Stat. § 163.3164(2012)("`Development permit' includes any building permit,zoning permit, subdivision approval,
rezoning,certification,special exception,variance,or any other official action of local government having the effect of
permitting the development of land.").
BOCC SR 07_15_2026 Page 2 of 19
File 2025-103
I final agency action that denies the federal or state permit before the county action on the local
2 development permit.
3 (5) Issuance of a development permit by a county does not in any way create any rights on
4 the part of the applicant to obtain a permit from a state or federal agency and does not create
5 any liability on the part of the county for issuance of the permit if the applicant fails to obtain
6 requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes
7 actions that result in a violation of state or federal law. A county shall attach such a disclaimer
8 to the issuance of a development permit and shall include a permit condition that all other
9 applicable state or federal permits be obtained before commencement of the development.
10 (6) This section does not prohibit a county from providing information to an applicant
11 regarding what other state or federal permits may apply.
12 History. s. 1, ch. 2006-88; s. 1, ch. 2012-205; s. 2, ch. 2013-92; s. 1, ch. 2013-193; s. 1, ch.
13 2013-213.
14
15 2019:
16 125.022 Development permits and orders.
17 (1) Within 30 days after receiving an application for approval of a development permit or
18 development order, a county must review the application for completeness and issue a letter
19 indicating that all required information is submitted or specifying with particularity any areas
20 that are deficient. If the application is deficient, the applicant has 30 days to address the
21 deficiencies by submitting the required additional information. Within 120 days after the
22 county has deemed the application complete, or 180 days for applications that require final
23 action through a quasi-judicial hearing or a public hearing, the county must approve, approve
24 with conditions, or deny the application for a development permit or development order. Both
25 parties may agree to a reasonable request for an extension of time, particularly in the event of a
26 force maj eure or other extraordinary circumstance. An approval, approval with conditions, or
27 denial of the application for a development permit or development order must include written
28 findings supporting the county's decision. The timeframes contained in this subsection do not
29 apply in an area of critical state concern, as designated in s. 380.0552.
30 (2) When reviewing an application for a development permit or development order that is
31 certified by a professional listed in s. 4-W.0877, a county may not request additional
32 information from the applicant more than three times, unless the applicant waives the limitation
33 in writing. Before a third request for additional information, the applicant must be offered a
34 meeting to attempt to resolve outstanding issues. Except as provided in subsection (5), if the
35 applicant believes the request for additional information is not authorized by ordinance, rule,
36 statute, or other legal authority, the county, at the applicant's request, shall proceed to process
37 the application for approval or denial.
38 (3) When a county denies an application for a development permit or development order, the
39 county shall give written notice to the applicant. The notice must include a citation to the
40 applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the
41 permit or order.
42 (4) As used in this section, the terms "development permit" and "development order" have
43 the same meaning as in s. I.-Q.....3.1-64, but do not include building permits.
44 (5) For any development permit application filed with the county after July 1, 2012, a county
45 may not require as a condition of processing or issuing a development permit or development
46 order that an applicant obtain a permit or approval from any state or federal agency unless the
47 agency has issued a final agency action that denies the federal or state permit before the county
48 action on the local development permit.
BOCC SR 07_15_2026 Page 3 of 19
File 2025-103
1 (6) Issuance of a development permit or development order by a county does not in any way
2 create any rights on the part of the applicant to obtain a permit from a state or federal agency
3 and does not create any liability on the part of the county for issuance of the permit if the
4 applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
5 federal agency or undertakes actions that result in a violation of state or federal law. A county
6 shall attach such a disclaimer to the issuance of a development permit and shall include a
7 permit condition that all other applicable state or federal permits be obtained before
8 commencement of the development.
9 (7) This section does not prohibit a county from providing information to an applicant
10 regarding what other state or federal permits may apply.
11 History. s. 1, ch. 2006-88; s. 1, ch. 2012-205; s. 2, ch. 2013-92; s. 1, ch. 2013-193; s. 1, ch.
12 2013-213; s. 2, ch. 2019-165.
13
14 2024:
15 125.022 Development permits and orders.
16 (1) Within 30 days after receiving an application for approval of a development permit or
17 development order, a county must review the application for completeness and issue a letter
18 indicating that all required information is submitted or specifying with particularity any areas
19 that are deficient. If the application is deficient, the applicant has 30 days to address the
20 deficiencies by submitting the required additional information. Within 120 days after the
21 county has deemed the application complete, or 180 days for applications that require final
22 action through a quasi-judicial hearing or a public hearing, the county must approve, approve
23 with conditions, or deny the application for a development permit or development order. Both
24 parties may agree to a reasonable request for an extension of time, particularly in the event of a
25 force majeure or other extraordinary circumstance. An approval, approval with conditions, or
26 denial of the application for a development permit or development order must include written
27 findings supporting the county's decision. The timeframes contained in this subsection do not
28 apply in an area of critical state concern, as designated in s.
29 (2)(a) When reviewing an application for a development permit or development order that is
30 certified by a professional listed in s. 4-W.0877, a county may not request additional
31 information from the applicant more than three times, unless the applicant waives the limitation
32 in writing.
33 (b) If a county makes a request for additional information and the applicant submits the
34 required additional information within 30 days after receiving the request, the county must
35 review the application for completeness and issue a letter indicating that all required
36 information has been submitted or specify with particularity any areas that are deficient within
37 30 days after receiving the additional information.
38 (c) If a county makes a second request for additional information and the applicant submits
39 the required additional information within 30 days after receiving the request, the county must
40 review the application for completeness and issue a letter indicating that all required
41 information has been submitted or specify with particularity any areas that are deficient within
42 10 days after receiving the additional information.
43 (d) Before a third request for additional information, the applicant must be offered a meeting
44 to attempt to resolve outstanding issues. If a county makes a third request for additional
45 information and the applicant submits the required additional information within 30 days after
46 receiving the request, the county must deem the application complete within 10 days after
47 receiving the additional information or proceed to process the application for approval or denial
48 unless the applicant waived the county's limitation in writing as described in paragraph (a).
BOCC SR 07—15—2026 Page 4 of 19
File 2025-103
I (e) Except as provided in subsection (5), if the applicant believes the request for additional
2 information is not authorized by ordinance, rule, statute, or other legal authority, the county, at
3 the applicant's request, shall proceed to process the application for approval or denial.
4 (3) When a county denies an application for a development permit or development order, the
5 county shall give written notice to the applicant. The notice must include a citation to the
6 applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the
7 permit or order.
8 (4) As used in this section, the terms "development permit" and "development order" have
9 the same meaning as in s. 163.3164, but do not 'Include building permits.
10 (5) For any development permit application filed with the county after July 1, 2012, a county
11 may not require as a condition of processing or issuing a development permit or development
12 order that an applicant obtain a permit or approval from any state or federal agency unless the
13 agency has issued a final agency action that denies the federal or state permit before the county
14 action on the local development permit.
15 (6) Issuance of a development permit or development order by a county does not in any way
16 create any rights on the part of the applicant to obtain a permit from a state or federal agency
17 and does not create any liability on the part of the county for issuance of the permit if the
18 applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
19 federal agency or undertakes actions that result in a violation of state or federal law. A county
20 shall attach such a disclaimer to the issuance of a development permit and shall include a
21 permit condition that all other applicable state or federal permits be obtained before
22 commencement of the development.
23 (7) This section does not prohibit a county from providing information to an applicant
24 regarding what other state or federal permits may apply.
25 History. s. 1, ch. 2006-88; s. 1, ch. 2012-205; s. 2, ch. 2013-92; s. 1, ch. 2013-193; s. 1, ch.
26 2013-213; s. 2, ch. 2019-165; s. 1, ch. 2021-224.
27
28 2025
29 125.022 Development permits and orders.
30 (1) A county shall specify in writing the minimum information that must be submitted in an
31 application for a zoning approval, rezoning approval, subdivision approval, certification,
32 special exception, or variance. A county shall make the minimum information available for
33 inspection and copying at the location where the county receives applications for development
34 permits and orders, provide the information to the applicant at a preapplication meeting, or post
35 the information on the county's website.
36 (2) Within 5 business days after receiving an application for approval of a development
37 permit or development order, a county shall confirm receipt of the application using contact
38 information provided by the applicant. Within 30 days after receiving an application for
39 approval of a development permit or development order, a county must review the application
40 for completeness and issue a written notification to the applicant indicating that all required
41 information is submitted or specify in writing with particularity any areas that are deficient. If
42 the application is deficient, the applicant has 30 days to address the deficiencies by submitting
43 the required additional information. For applications that do not require final action through a
44 quasi-judicial hearing or a public hearing, the county must approve, approve with conditions, or
45 deny the application for a development permit or development order within 120 days after the
46 county has deemed the application complete. For applications that require final action through
BOCC SR 07_15_2026 Page 5 of 19
File 2025-103
I a quasi-judicial hearing or a public hearing, the county must approve, approve with conditions,
2 or deny the application for a development permit or development order within 180 days after
3 the county has deemed the application complete. Both parties may agree in writing or in a
4 public meeting or hearing to an extension of time, particularly in the event of a force maj eure
5 or other extraordinary circumstance. An approval, approval with conditions, or denial of the
6 application for a development permit or development order must include written findings
7 supporting the county's decision. The timeframes contained in this subsection do not apply in
8 an area of critical state concern, as designated in s. ....3 8 0 mw, , , 2,. The timeframes contained in this
9 subsection restart if an applicant makes a substantive change to the application. As used in this
10 subsection, the term"substantive change"means an applicant-initiated change of 15 percent or
11 more in the proposed density, intensity, or square footage of a parcel.
12 (3)(a) When reviewing an application for a development permit or development order that is
13 certified by a professional listed in s. , a county may not request additional
14 information from the applicant more than three times, unless the applicant waives the limitation
15 in writing.
16 (b) If a county makes a request for additional information and the applicant submits the
17 required additional information within 30 days after receiving the request, the county must
18 review the application for completeness and issue a letter indicating that all required
19 information has been submitted or specify with particularity any areas that are deficient within
20 30 days after receiving the additional information.
21 (c) If a county makes a second request for additional information and the applicant submits
22 the required additional information within 30 days after receiving the request, the county must
23 review the application for completeness and issue a letter indicating that all required
24 information has been submitted or specify with particularity any areas that are deficient within
25 10 days after receiving the additional information.
26 (d) Before a third request for additional information, the applicant must be offered a meeting
27 to attempt to resolve outstanding issues. If a county makes a third request for additional
28 information and the applicant submits the required additional information within 30 days after
29 receiving the request, the county must deem the application complete within 10 days after
30 receiving the additional information or proceed to process the application for approval or denial
31 unless the applicant waived the county's limitation in writing as described in paragraph (a).
32 (e) Except as provided in subsection (7), if the applicant believes the request for additional
33 information is not authorized by ordinance, rule, statute, or other legal authority, the county, at
34 the applicant's request, shall proceed to process the application for approval or denial.
35 (4) A county must issue a refund to an applicant equal to:
36 (a) Ten percent of the application fee if the county fails to issue written notification of
37 completeness or written specification of areas of deficiency within 30 days after receiving the
38 application.
39 (b) Ten percent of the application fee if the county fails to issue a written notification of
40 completeness or written specification of areas of deficiency within 30 days after receiving the
41 additional information pursuant to paragraph (3)(b).
BOCC SR 07_15_2026 Page 6 of 19
File 2025-103
I (c) Twenty percent of the application fee if the county fails to issue a written notification of
2 completeness or written specification of areas of deficiency within 10 days after receiving the
3 additional information pursuant to paragraph (3)(c).
4 (d) Fifty percent of the application fee if the county fails to approve, approves with
5 conditions, or denies the application within 30 days after conclusion of the 120-day or 180-day
6 timeframe specified in subsection (2).
7 (e) One hundred percent of the application fee if the county fails to approve, approves with
8 conditions, or denies an application 31 days or more after conclusion of the 120-day or 180-day
9 timeframe specified in subsection (2).
10 A county is not required to issue a refund if the applicant and the county agree to an extension
11 of time, the delay is caused by the applicant, or the delay is attributable to a force maj eure or
12 other extraordinary circumstance.
13 (5) When a county denies an application for a development permit or development order, the
14 county shall give written notice to the applicant. The notice must include a citation to the
15 applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the
16 permit or order.
17 (6) As used in this section, the terms "development permit" and "development order"have
18 the same meaning as in s. J.6 .31-64, but do not 'Include buildipg_ptrmits.
19 (7) For any development permit application filed with the county after July 1, 2012, a county
20 may not require as a condition of processing or issuing a development permit or development
21 order that an applicant obtain a permit or approval from any state or federal agency unless the
22 agency has issued a final agency action that denies the federal or state permit before the county
23 action on the local development permit.
24 (8) Issuance of a development permit or development order by a county does not in any way
25 create any rights on the part of the applicant to obtain a permit from a state or federal agency
26 and does not create any liability on the part of the county for issuance of the permit if the
27 applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or
28 federal agency or undertakes actions that result in a violation of state or federal law. A county
29 shall attach such a disclaimer to the issuance of a development permit and shall include a
30 permit condition that all other applicable state or federal permits be obtained before
31 commencement of the development.
32 (9) This section does not prohibit a county from providing information to an applicant
33 regarding what other state or federal permits may apply.
34 History. s. 1, ch. 2006-88; s. 1, ch. 2012-205; s. 2, ch. 2013-92; s. 1, ch. 2013-193; s. 1, ch.
35 2013-213; s. 2, ch. 2019-165; s. 1, ch. 2021-224; s. 1, ch. 2025-177.
36
37 163.3164 Community Planning Act; definitions. As used in this act:
38 ...
39 (15) "Development order"means any order granting, denying, or granting with conditions an
40 application for a development permit.
41 (16) "Development permit" includes any building permit, zoning permit, subdivision approval,
42 rezoning, certification, special exception, variance, or any other official action of local
43 government having the effect of permitting the development of land.
BOCC SR 07_15_2026 Page 7 of 19
File 2025-103
1
2 Previous Relevant BOCC Action:
3
4 June 20, 2012 - The BOCC adopted Ordinance No. 015-2012 amending Chapter 122 Floodplain
5 Regulations and creating LDC Section 122-8 providing for inclusion of United States Federal
6 Emergency Management Agency (FEMA) and United States Fish and Wildlife Service (FWS)
7 requirements in Permit Referral Process implementation and determinations.
8
9 April 13, 2016 - The BOCC adopted Ordinance No. 006-2016 amending the Monroe County Land
10 Development Code(LDC)to be consistent with the proposed Monroe County Year 2030 Comprehensive
11 Plan.
12
13 Community Meeting and Public Participation:
14 A community meeting was held on February 19, 2026 via Zoom, in accordance with Land Development
15 Code (LDC) Section 102-159(b)(3). No members of the public attended or provided input.
16
17 Development Review Committee Meeting and Public Input:
18 On February 24, 2026, the DRC considered the proposed amendment and provided for public input. On
19 February 25, 2026, the Chair of the DRC signed Resolution No. DRC 04-26, recommending approval
20 of the proposed text amendment.
21
22 Planning Commission Meeting and Public Input:
23 On May 27, 2026, the Planning Commission considered the proposed amendment and provided for
24 public input. On May 27, 2026, the Chair of the Planning Commission signed Resolution No. P 17-26,
25 recommending approval of the proposed text amendment.
26
27 III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT:
28
F
osed Amendment: deletions are shown in __t i _ th _ ; additions are shown in ,J,, „ ,
,�l ine.
29 Chapter 118- ENVIRONMENTAL PROTECTION
30 ARTICLE 1.- IN GENERAL
31
32 Sec. 118-10. Environmental Design for Specific Habitat Types.
33 (c) Beach berm complex or disturbed with beach berm. All structures developed, used or
34 occupied on land classified as a beach berm complex or as disturbed with beach berm shall
35 be designed, located and constructed such that:
36 (1) All structures are elevated on pilings or other supports.
37 (2) No beach berm material is excavated or removed and no fill is deposited on a beach
38 berm except as needed for shoreline stabilization or beach renourishment projects with a
39 valid public purpose that furthers the goals of the Monroe County Comprehensive Plan,
40 as determined by the Planning Director. If applicable, all such projects shall require
41 approval by the Florida Department of Environmental Protection and the U.S. Army
42 Corps of Engineers prior to , � � ,,,j, � ,� imi . e ,,, d,,, a,,,;,,,;, �i
BOCC SR 07_15_2026 Page 8 of 19
File 2025-103
1
2 ' '
3 (3) The clearing of beach berm vegetation is limited to the minimum clearing required to
4 allow development of a permitted use. Beach berm areas disturbed during construction
5 shall be immediately restored to stable condition pursuant to a restoration plan approved
6 by the County Biologist. Restoration techniques shall be designed to achieve the
7 maximum stability possible. Native plants shall be used exclusively in re-vegetation.
8 (4) A construction impact zone is provided and construction barriers are required at the
9 outer edge of the construction impact zone and shall be visible and of durable material
10 such as wood, rope or wire cable. No fencing or other material that can entrap wildlife
11 may be used as a construction barrier on a beach berm. No vehicular or pedestrian
12 traffic shall be permitted outside of the construction barriers for the duration of the
13 construction period. Barriers shall remain in place and maintained in a functional
14 condition until final inspection for a certificate of occupancy has been approved.
15 *****
16 (e) Mangroves, wetlands, and submerged lands. All structures developed, used or occupied
17 on land classified as mangroves, wetlands or submerged lands (all types and all levels of
18 quality) shall be designed, located and constructed such that:
19 (4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or submerged
20 lands except:
21 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
22 Seawalls, Riprap) and 118-12(1) (Boat Ramps);
23 b. To fill a manmade, excavated water body such as a canal, boat ramp, boat slip,
24 boat basin or swimming pool if the County Biologist determines that such filling
25 will not have a significant adverse impact on marine or wetland communities
26 provided regulatory approval by the Florida Department of Environmental
27 Protection and the U.S. Army Corps of Engineers is received prior to a,,,,i..e......,,,, 1„p... 9.........................................
28 and,issuance of a.c, tjnl ��dl..r]r. e : J. .
..........
,,,
29 '®
30 c. As needed for shoreline stabilization or beach renourishment projects with a valid
31 public purpose that furthers the goals of the Monroe County Comprehensive Plan,
32 as determined by the County Biologist;
33 d. For bridges extending over wetlands that are required to provide automobile or
34 pedestrian access to lawfully established dwelling units located on upland areas
35 within the same property for which there is no alternate means of access. Such
36 bridges shall be elevated on pilings so that the natural movement of water,
37 including volume, rate and direction of flow shall not be disrupted or altered; or
38 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands with
39 appropriate mitigation as defined by the wetland regulations of subsection (e)(6) of
40 this Section.
41 (5) After-the-fact exclusion. No after-the-fact permits shall be issued that violate the County
42 dredge and filling regulations. All fill shall be removed and all damages mitigated.
BOCC SR 07_15_2026 Page 9 of 19
File 2025-103
1 (6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh and
2 buttonwood association may be filled for development in accordance with the following
3 criteria:
4 a. Disturbed wetlands proposed for filling will be evaluated by a County Biologist
5 using the Keys Wetlands Evaluation Procedure (KEYWEP) and assigned a
6 KEYWEP score. The County Biologist may conduct a current KEYWEP analysis
7 to confirm or update a parcel's KEYWEP scores.
8 1. Wetland quality categories based on KEYWEP scoring:
9 i. High functional capacity wetlands: those wetlands that score higher
10 than 5.5, regardless of previous disturbance. Development is
11 prohibited under any circumstances.
12 ii. Moderate functional capacity wetlands: those wetlands that score
13 5.5 or less, but greater than or equal to 4.6. These wetlands are
14 suitable for development with appropriate mitigation.
15 iii. Low functional capacity wetlands: those wetlands that score less
16 than 4.6 or are assigned a green-flag designation as suitable for
17 development. These wetlands are suitable for development with
18 appropriate mitigation.
19 2. Wetlands determined by KEYWEP to have a high functional capacity
20 (those wetlands that score above 5.5 or those wetlands that are assigned a
21 red flag) are not suitable for filling. The open space ratio for such
22 wetlands will be 1.0 (100%).
23 3. Wetlands determined by KEYWEP to have moderate or low functional
24 capacity (those wetlands that score 5.5 or less or are assigned a green
25 flag) are suitable for filling with appropriate mitigation, as determined by
26 the Florida Department of Environmental Protection(DEP) and the U.S.
27 Army Corps of Engineers (ACOE). All ,� ,,,,,,, 1 ��.1t ,,,,,,,,, n. I�� an
.... ,,,
29 buJ1.di..n..g p.gr�tni.t_ A.....1 1,...........as ects of an. D.1-."'. anA A...CO1............ re.q. ired tn..i..1i.g.qtiqn..
.'.................................................
30 h, , c .................�.. i. ..... �o n ,,,,,, n c ,,,,,,of,,,,, „cr ,,, c,,,,,, �,,,,,,,, is „uw
All 0-1-1f4%
31 cl.osure of the c..0L1n..ty b.. J.1.dlr'1_g p.g.rtni..t `1, 0 L4%-'JLL F-1%-;J%'%-'LO OLL"' quife
32
33
34 ®'
35 b. Placement of fill within disturbed wetlands is subject to the environmental design
36 clustering criteria (see Section 118-7(f)). Less sensitive habitats on the subject
37 parcel must be developed before disturbed wetlands are filled.
38 c. Any portion of a wetland filled under these provisions shall be considered
39 disturbed habitat with a required open space ratio of 0.20. In the event that state
40 and/or federal permits restrict fill to the development area only, this provision will
41 not apply.
42 d. Any development within a wetland so filled shall conform to the setbacks
43 established by the DEP and the ACOE permits, and to the minimum yards required
44 by Chapter 131 of this LDC.
BOCC SR 07_15_2026 Page 10 of 19
File 2025-103
2 Sec. 118-12.Shoreline Setback.
4
5 (k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted, provided
6 that:
7 (1) Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
8 demonstrated that their purpose is necessary for erosion control. Any attachments to seawalls
9 or bulkheads, such as davits, cleats, and platforms, or any other elements that constitute
10 docking facilities shall not be allowed except as accessory to a principal use. Seawalls
11 without a principal use may have a cap of no more than two feet in width.
12 (2) Existing grade landward of the bulkhead shall be at least six inches lower than the top of the
13 bulkhead.
14 (3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
15 shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads
16 shall be permitted only if native vegetation and/or riprap and filter cloth is not a feasible
17 means to control erosion. No new seawalls, bulkheads, or other hardened vertical structures
18 shall be permitted on open water.
19 (4) Lawfully existing, deteriorated seawalls and bulkheads may be repaired and/or replaced and
20 are exempt from the nonsubstantial improvements limitations except on known or potential
21 sea turtle nesting beaches. Repairs and/or replacements must maintain the existing footprint
22 to the maximum extent practicable.
23 (5) Whenever feasible, riprap, bulkheads, retaining walls and seawalls should be placed
24 landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
25 aquatic biotic communities shall be preserved to the maximum extent possible.
26 (6) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave energy
27 and provide substrate for marine organisms.
28 (7) No seawalls, bulkheads, riprap or other shoreline hardening structures shall be permitted on
29 or waterward of any portion of any beach berm complex that is known to be or is potential
30 nesting area for marine turtles as determined by the County Biologist, the state, and/or other
31 appropriate agencies. Within known or potential nesting areas, the County Biologist may, in
32 cooperation with the Florida Department of Environmental Protection, determine that
33 specific segments of shorelines have been previously lawfully altered to such a degree that
34 suitable nesting habitat for marine turtles is no longer present. In such cases, the County
35 Biologist in cooperation with the Florida Department of Environmental Protection may
36 recommend reasonable measures to restore the nesting habitat. If such measures are not
37 feasible, the setback requirements of this subsection do not apply. Restoration of suitable
38 nesting habitat shall be required for unlawfully altered beaches.
39 (8) Beach renourishment projects on open water may be approved only upon a determination by
40 the County Biologist that the project has a valid public purpose that furthers the goals of the
41 Monroe County Comprehensive Plan.
42 9 All such projects shall require state and/or federal permits prior to the a F: a J.. ..1 �.d J. .ce
44 ' .'
45 (1) Boat ramps. Boat ramps shall be permitted provided that:
46 (1) All boat ramps shall be located and designed so as not to create a setback nonconformity for
47 existing structures from the new MHW line created by the boat ramp.
48 (2) All boat ramps shall be confined to shorelines of manmade canals, channels, and basins with
49 little or no native vegetation.
BOCC SR 07_15_2026 Page 11 of 19
File 2025-103
1 (3) The width of boat ramps, including side slopes, shall be limited to 15 feet, except that ramps
2 serving commercial uses, public uses, or more than three dwelling units may be 35 feet in
3 width.
4 (4) All above-water ramp, side slope or wall structures shall be located landward of the original
5 MHW line. This area shall be subtracted from the total area allowed for structures in the
6 shoreline setback in Section 118-12(c).
7 (5) A maximum of two accessory docks, abutting either or both sides of the ramp, are allowed
8 provided setback requirements are met. These docks may extend beyond MHW, but shall
9 comply with all requirements of this Section and Section 118-10(d).
10 (6) Construction of a boat ramp shall not involve any filling of surface waters except for the
11 minimum amount needed for the actual boat ramp surface, side slopes, walls or pilings for
12 accessory docks. Walls may not exceed two feet in width.
13 (7) Dredging shall be limited to the minimum amount necessary to construct the boat ramp and
14 may not exceed 100 cubic yards of total excavation above and below MHW. No dredging of
15 submerged grass beds or hardbottom communities shall be allowed.
16 (8) All such projects shall require approval by the Florida Department of Environmental
17 Protection and the U.S. Army Corps of Engineers prior to , r l and. . s g.a . e f a
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,18
19 .'
20 (m) Docking facilities. Docking facilities shall be permitted, provided that:
21 (1) Permit. All required permits from the Florida Department of Environmental Protection and
22 Army Corps of Engineers shall be obtained prior to 1je i'r a � ,,, . is „ ount
av
23 buii...1 d
24 '
25
26
27
28 (6) Required conditions. Any docking facility shall meet the following conditions:
29 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
30 (recycled plastic, concrete) or be wrapped with impermeable plastic or PVC sleeves.
31 Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter thickness
32 and shall extend from at least 6 inches below the level of the substrate to at least 2 feet
33 above the mean high water line.
34 b. Docking facilities that do not terminate over seagrass beds or hardbottom communities
35 must have at least four feet (4ft) of water depth at MLW at the terminal end of the
36 docking facility, and continuous access to open water. A benthic survey shall be
37 submitted to document the presence or absence of seagrass beds and/or hardbottom
38 communities;
39 c. A docking facility that extends across a full ten percent of the width of any body of
40 water may terminate in water less than four feet (4ft) at MLW if this water depth occurs
41 within five horizontal feet of the terminal end of the docking facility such that the
42 centerline of an average vessel will rest in water of adequate depth, and continuous
43 access to open water is available;
44 d. Docking facilities may be developed on the shoreline of lots in a subdivision that was
45 approved before September 15, 1986, if the docking facility is located in a channel or
46 canal that was dredged before September 15, 1986, and if there is a MLW depth of at
47 least four feet (4ft) at the terminal end of the docking facility. Such docks shall not
48 exceed ten percent of the width of the channel or canal; and
BOCC SR 07_15_2026 Page 12 of 19
File 2025-103
I e. Docking facilities that terminate over seagrass beds or hardbottom communities may
2 only be permitted when the water depth at the terminal platform is at least four feet (4ft)
3 above the top of all seagrasses, corals, macro algae, sponges, or other sessile organisms
4 at MLW and continuous access to open water of navigable depth is available. The
5 height of pier type docks over benthic biological resources shall be a minimum of 5 feet
6 above mean high water (MHW) as measured from the top surface of the decking, and
7 the total size of the platform shall be limited to 160 square feet. The configuration of the
8 platform shall be a maximum of 8 feet by 20 feet. A minimum of 5 feet by 20 feet shall
9 conform to the 5-foot height requirement; a 3 feet by 20 feet section may be placed 3
10 feet above MHW to facilitate boat access. A benthic survey shall be submitted to
11 document the presence or absence of seagrass beds and/or hardbottom communities. A
12 bathymetric survey shall be submitted to document the water depth at the terminal end
13 of the pier and/or platform and to ensure that continuous access to open water of
14 navigable depth is available. All such projects shall require approval by the Florida
15 Department of Environmental Protection and the U.S. Army Corps of Engineers prior to
17IL
18
19
20
21 (n) Water access structures. The following specific types of structures, or portions thereof,
22 extending over mangroves, wetlands, or submerged lands, shall be permitted only on shorelines of
23 water bodies other than manmade canals, channels, and basins. All required permits from the
24 Florida Department of Environmental Protection and the Army Corps of Engineers shall be
25 obtained prior to the,,,, ,, � � ��� u � c �° col �� b u�,,,,,, ��.. ��„�rni. „„
26
27
28
29 Chapter 122- FLOODPLAIN MANAGEMENT
30
31 ARTICLE I.- IN GENERAL
32
33
34
35 Sec. 122-3. -Definitions.
36 The following words, phrases and terms shall, for the exclusive purposes of this chapter only, have the
37 specific definitions and meanings shown in this section. Where such words, phrases and terms are not
38 defined in this chapter and are defined in the Florida Building Code, such words, phrases and terms
39 shall have the meanings ascribed to them in the Florida Building Code. Where such words, phrases and
40 terms are not defined in this chapter or the Florida Building Code, the county shall utilize the adopted
41 definitions within Chapter 101 of the Monroe County Land Development Code. If the definitions of
42 such words, phrases and terms are not within the Land Development Code, the words, phrases and
43 terms shall have ordinarily accepted meanings as its context and the context of its provision and its
44 provision's structural placement imply.
45
46
47
48
49
BOCC SR 07_15_2026 Page 13 of 19
File 2025-103
1
3 ARTICLE II. ADMINISTRATION
4
6
7 Sec. 122-12. Inclusion of United State Federal Emergency Management Agency and United
8 States Fish and Wildlife Service (FWS) required permit referral process (PRP) in final permit
9 determinations for development.
10
11 (d)Administration of development approval in species focus areas.
12
13 (2)FWS technical assistance permit requirements. For parcels or lots shown within the SFAMs in
14 which an application for a permit for development has been made including 1) expanding the footprint
15 of a structure; and/or 2) expanding clearing in habitat (including native vegetation removal); and/or 3)
16 placement of fencing into Key deer habitat, if the SFAM indicates the parcel or lot contains suitable
17 habitat for any of the following species: Key Largo cotton mouse, Key Largo wood rat, Key tree-
18 cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer, Schaus swallowtail butterfly, silver
19 rice rat, and/or Stock Island tree snail, and the parcel or lot is listed on the RE list, the planning
20 director or his/her designee shall use the SAGs to determine whether a floodplain development permit
21 application requires:
22 a. Incorporation of FWS SAG requirements as conditions into the Monroe County permit and the
23 county may issue the permit, pursuant to all applicable codes; or
24 b. If, according to the SAGs, the proposed development needs technical assistance by
25 the county shall ,. t . h g 1 1 �, ,,,, 1 1 i p fs-s
26
27 ,
28
29 1. The applicant shall seek and obtain technical assistance from the .� t o
pp ,,,,,,,,,,,�,,,,
.
• C1
31 2. The applicant �� ].. obtain, prior to . � . . °�. ,a 01 ,,,,,, 1- A, ,
32 , all applicable state or federal permits or approvals pursuant to Section
33 122-11(h); and
34 ,
35 ;
36 ,
37 c. For a floodplain development permit application that requires the • ,' technical
38 assistance, Monroe County shall provide the application tote „;�,,; .....................................
„!'),,,,,,,,,wee y. Base on the
39 ® 1� technical assistance the applicant shall submit the FWS written requirements to the
,d A ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
BOCC SR 07_15_2026 Page 14 of 19
File 2025-103
I county. If the applicant agrees to the FWS requirements, in writing, Monroe County s,,,, , .-I
2 includes the technical assistance requirements provided by the federal
3 agency to avoid possible impacts on federally listed (threatened or endangered) species, as
4 conditionsin the Monroe County permit.
5 d. For a development permit application that requires mitigation and/or compensation for adverse
6 effects to native habitat, monetary compensation generated will be applied to restoration and/or
7 purchase of native habitat.
8 e. The county shall maintain an applicant acceptance form, of the „,, requirements in the
9 permit file.
10IF
11
12 .
13 g..........,, If the parcel is within an area previously covered y a habitat conservation plan, and where that
14 habitat conservation plan has expired at the time of development permit application, the county shall
15 apply the permit referral process in this section, unless mitigation was completed for the associated
16 impacts.
17 . „„.If the property owner does not agree to the FWS technical assistance requirements to be included
18 in the development permit as conditions, the county shall not issue
19 eve opment permit.
20 . . For properties located in Key Largo wood rat Key Largo cotton mouse silver rice rat and Lower
21 Keys marsh rabbit habitat, property owners shall agree to execute and record a covenant restriction
22 in favor of Monroe County which prohibits free ranging cats. This requirement alleviates direct
23 and cumulative loss of species habitat which will not negatively impact the total number of new
24 residential permits that may be issued under species assessment guides (SAGs).
25 (3)Provision forflood hazard reduction and avoiding impacts on federally listed(threatened or
26 endangered) species enforcement. All proposed development shall meet the conditions established on
27 the floodplain development permit , which includes FWS technical assistance
28 requirements included as conditions on the Monroe County development permits, to avoid possible
29 impacts on federally-listed species (threatened or endangered). Violation of this section, including any
30 development constructed not in accordance with the FWS requirements, included as conditions on the
31 Monroe County development permit, derived through use of the SAGs or through technical assistance
32 by FWS, are hereby deemed to be violations of the County Code and may be enforced utilizing the
33 administrative enforcement procedures set forth in Chapter 8, Monroe County Code of Ordinances.
34 Further, Section 118-11 shall be utilized to require environmental restoration standards.
35
36 (5)Permit issuance for annual allocation awards from the Rate of Growth Ordinance (ROGO), Non-
-37 Residential Rate of Growth Ordinance (NROGO) . Permit applications processed through
38 the permit referral process that result in a "may affect determination" for the proposed development
39 through the application of the species assessment guides which require the permittee to coordinate with
40 FWS shall l rc; r . u. � � � ,. � „ c � o
, ,,,,,,,, , , ,,, ,,,, ,,,,, w w .
BOCC SR 07_15_2026 Page 15 of 19
File 2025-103
1 „i„,,,,,,,,,,,,, „,;�,,, ,,,,,,,,;,� „ , i...............................................................
��
2 . .
3
4
5
6 (5)Permit issuance for annual allocation awards from the Rate of Growth Ordinance (ROGO), Non-
7 Residential Rate of Growth Ordinance (NROG0) Permit applications processed through
8 the permit referral process that result in a "may affect determination" for the proposed development
9 through the application of the species assessment guides which require the permittee to coordinate with
10 FWS shall c 1 hide -e e ���i�°�u�d(-'oor inn Ior .�� receive �:�..............................
o l ���. 1 I ��� �. ri a]
"� m" m° r r a�m' m' r� m' �m"' �^ �
11 u � c t c f ° i� � � 0 � _ .a w wow afi . :'cr �t
12 � , i at�i ri which � i" / � °u J � � �.c at s ere received, c t 1Me 011. -be f c C J.y.............13
13 ,,,,,,,,,,,F„ „fir„ �...........
�~,,all. have a total of 360 days from the date of a county issued written notice to conclude the
14 required coordination with FWS and pick up the building permit,
15 - __ __ _�___��. This timeframe may be extended by the planning director if the applicant can
16 affirmatively demonstrate that he or she has timely and actively sought coordination.
17 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE:
18
19 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
20 158(d)(7)(b):
21
22 1. Changed projections (e.g., regarding public service needs) from those on which the text or
23 boundary was based;
24
25 N/A
26
27 2. Changed assumptions (e.g., regarding demographic trends);
28
29 N/A
30
31 3. Data errors, including errors in mapping, vegetative types and natural features described in
32 volume 1 of the plan;
33
34 N/A
35
36 4. New issues;
37
38 The Florida Legislature adopted revisions to Chapter 125.022 Florida Statutes necessitating
39 the proposed revisions to provide for consistency and compliance. The Monroe County Land
40 Development Code (LDC), adopted in 2016 (Ordinance 006-2016), followed the criteria of
41 125.022 F.S. as promulgated in 2012. The currently proposed amendments to the LDC reflect
42 subsequent amendments and revisions to 125.022 through 2025.
43
44 5. Recognition of a need for additional detail or comprehensiveness; or
45
46 N/A
BOCC SR 07_15_2026 Page 16 of 19
File 2025-103
1
2 6. Data updates;
3
4 N/A
5
6 In no event shall an amendment be approved which will result in an adverse community change
7 to the planning area in which the proposed development is located or to any area in accordance
8 with a Livable CommuniKeys master plan pursuant to findings of the board of county
9 commissioners.
10
11 The proposed text amendment is not anticipated to result in an adverse community change.
12
13 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN AND THE
14 PRINCIPLES FOR GUIDING DEVELOPMENT:
15
16 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
17 Monroe County 2030 Comprehensive Plan. Specifically, it furthers Goal 206:
18
19 GOAL 206
20 Monroe County shall protect and conserve existing wildlife and wildlife habitats. [F.S. §
21 163.3177(6)d.2.e.]
22
23 Objective 206.1
24 Monroe County shall continue to enforce land development regulations which protect wildlife
25 and wildlife habitat from adverse impacts of development.
26
27 Policy 206.1.4
28 Monroe County shall implement a "Permit Referral Process" for review of all development that
29 occurs within areas designated as "Species Focus Areas (SFAs)" or "Species Buffer Areas
30 (SBAs)". The SFAs or SBAs are areas identified by the U.S. Fish and Wildlife Service
31 (USFWS) which contain potentially suitable habitat for nine federally protected species
32 including: Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat,
33 Key Tree-Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat,
34 and Stock Island Tree Snail.
35 Monroe County shall work cooperatively with USFWS and the Federal Emergency Management
36 Agency (FEMA) to review permit applications for compliance with the Federal Endangered
37 Species Act through the "Permit Referral Process"within the floodplain regulations. The purpose
38 of the "Permit Referral Process" is to implement regulations that will assure, consistent with the
39 10th Amendment to the U.S. Constitution, state and county regulations, proper record retention,
40 coordination, and notification of FEMA and USFWS regarding permit applications filed with or
41 issued by Monroe County.
42
43 Policy 206.1.5
44 Monroe County shall work cooperatively with USFWS in requiring any development permit
45 application within Critical Habitat or designated potentially suitable habitat for federally listed
46 threatened and endangered species that are not included in the USFWS April 30,2010 Biological
47 Opinion, and/or are not included in the species addressed under the "Permit Referral Process" in
48 Policy 206.1.4 above, to consult directly with USFWS and provide authorization from USFWS
49 to Monroe County before commencement of development.
BOCC SR 07_15_2026 Page 17 of 19
File 2025-103
1
2 B. The amendment is consistent with the Principles for Guiding Development for the Florida
3 Keys Area, Section 380.0552(7), Florida Statutes.
4
5 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
6 with the principles for guiding development and any amendments to the principles,the principles
7 shall be construed as a whole and no specific provision shall be construed or applied in isolation
8 from the other provisions.
9
10 (a) Strengthening local government capabilities for managing land use and development so that
11 local government is able to achieve these objectives without continuing the area of critical
12 state concern designation.
13 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
14 seagrass beds, wetlands, fish and wildlife, and their habitat.
15 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
16 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
17 beaches, wildlife, and their habitat.
18 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
19 economic development.
20 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida
21 Keys.
22 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
23 environment, and ensuring that development is compatible with the unique historic character
24 of the Florida Keys.
25 (g) Protecting the historical heritage of the Florida Keys.
26 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
27 proposed major public investments, including:
28
29 1. The Florida Keys Aqueduct and water supply facilities;
30 2. Sewage collection, treatment, and disposal facilities;
31 3. Solid waste treatment, collection, and disposal facilities;
32 4. Key West Naval Air Station and other military facilities;
33 5. Transportation facilities;
34 6. Federal parks, wildlife refuges, and marine sanctuaries;
35 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
36 properties;
37 8. City electric service and the Florida Keys Electric Co-op; and
38 9. Other utilities, as appropriate.
39
40 (i) Protecting and improving water quality by providing for the construction, operation,
41 maintenance, and replacement of stormwater management facilities; central sewage
42 collection; treatment and disposal facilities; and the installation and proper operation and
43 maintenance of onsite sewage treatment and disposal systems.
44 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
45 operation of wastewater management facilities that meet the requirements of ss.
46 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
47 central wastewater treatment facilities through permit allocation systems.
48 (k) Limiting the adverse impacts of public investments on the environmental resources of the
49 Florida Keys.
BOCC SR 07_15_2026 Page 18 of 19
File 2025-103
1 (1) Making available adequate affordable housing for all sectors of the population of the Florida
2 Keys.
3 (m)Providing adequate alternatives for the protection of public safety and welfare in the event
4 of a natural or manmade disaster and for a postdisaster reconstruction plan.
5 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
6 maintaining the Florida Keys as a unique Florida resource.
7
8 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
9 with the Principles for Guiding Development as a whole and is not inconsistent with any
10 Principle.
11
12 IV. PROCESS:
13
14 Land Development Code amendments may be proposed by the Board of County Commissioners, the
15 Planning Commission,the Director of Planning,private application, or the owner or other person having
16 a contractual interest in property to be affected by a proposed amendment. The Director of Planning
17 shall review and process applications as they are received and pass them onto the Development Review
18 Committee and the Planning Commission.
19
20 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
21 the application, the reports and recommendations of the Department of Planning & Environmental
22 Resources and the Development Review Committee and the testimony given at the public hearing. The
23 Planning Commission shall submit its recommendations and findings to the Board of County
24 Commissioners ("BOCC"). The BOCC holds a public hearing to consider the adoption of the proposed
25 amendment, and considers the professional staff report, professional staff recommendation, Planning
26 Commission recommendation and the testimony given at the public hearing. The BOCC may adopt the
27 proposed amendment based on one or more of the factors established in LDC Section 102-158(d)(7).
28
29 In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited
30 uses within a zoning category, the board of county commissioners shall hold two (2) advertised public
31 hearings on the proposed ordinance.
32
33 V. PROFESSIONAL STAFF RECOMMENDATION:
34
35 Professional staff recommends approval of the proposed amendment.
36
37 VIII. EXHIBITS:
38
39 Exhibit I—Draft Ordinance
BOCC SR 07_15_2026 Page 19 of 19
File 2025-103
2 ...'
3 ry
w W,
°4%-110
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2026
10
11 AN ORDINANCE ADOPTING AMENDMENTS TO MONROE
12 COUNTY LAND DEVELOPMENT CODE SECTIONS 118-10, 118-
13 121 122-31 AND 122-12 TO DELETE REFERENCES TO THE
14 COUNTY'S NOTICE TO PROCEED REQUIREMENTS;
15 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
16 OF CONFLICTING PROVISIONS; PROVIDING FOR
17 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
18 AND THE SECRETARY OF STATE; PROVIDING FOR
19 INCLUSION IN THE MONROE COUNTY LAND DEVELOPMENT
20 CODE; PROVIDING FOR AN EFFECTIVE DATE.
21
22
23 WHEREAS, the Monroe County Planning and Environmental Resources Department is
24 requesting to amend Sections 118-10, 118-12, 122-3, and 122-12 of the Monroe County Land
25 Development Code("LDC"of"Code") in order to provide for clarity and consistency with regard
26 to Florida Statutes Section 125.022; and
27
28 WHEREAS, in 2012, Florida Statutes Section 125.022 was amended to prohibit a county
29 from requiring as a condition of processing or issuing a development permit that an applicant
30 obtain a permit or approval from any state or federal agency unless the agency has issued a final
31 agency action that denies the federal or state permit before the county action on the local
32 development permit, which as defined included building permits; and
33
34 WHEREAS, Florida Statutes Section 125.022 was amended in 2013 to specify that the
35 term"development permit"has the same meaning as in Florida Statutes Section 163.3164 but does
36 not include building permits; and
37
38 WHEREAS, the amendments to the Code adopted through Ordinance No. 006-2016
39 followed the criteria of Florida Statutes Section 125.022 circa 2012; and
40
41 WHEREAS, the currently proposed amendments to the LDC reflect subsequent changes
42 and revisions to Florida Statutes Section 125.022 through 2025; and
43
44 WHEREAS, the Monroe County Development Review Committee ("DRC") considered
45 and reviewed the proposed amendment to the text of the Land Development Code at a regularly
46 scheduled meeting held on the 24th day of February, 2026; and
1 of 12
I WHEREAS, on February 25, 2026,the Chair of the DRC signed Resolution No. DRC 04-
2 26, recommending approval of the proposed text amendment; and
3
4 WHEREAS, on February 19, 2026, a community meeting was conducted, as required by
5 Land Development Code Section 102-159(b) to discuss the proposed amendment to the Land
6 Development Code, and provide for public participation; and
7
8 WHEREAS, professional staff recommend approval of the proposed amendment to
9 Monroe County Land Development Code Sections 118-10, 118-12, 122-3, and 122 -12 in order to
10 delete references to the County's notice to proceed requirements; and
11
12 WHEREAS, the Monroe County Planning Commission held a public hearing on the 27th
13 day of May, 2026, for review and recommendation on the proposed amendment to the Monroe
14 County Land Development Code; and
15
16 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
17 Resolution No. P27-26, recommending approval as discussed during the hearing of the proposed
18 amendment; and
19
20 WHEREAS, at a regularly scheduled meeting on the 15th day of July, 2026, the BOCC
21 held a public hearing to consider adoption of the proposed Land Development Code text
22 amendment;
23
24 WHEREAS, based upon the information and documentation submitted, the BOCC made
25 the following findings of fact and conclusions of law:
26
27 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
28 Monroe County Year 2030 Comprehensive Plan; and
29 2. The proposed amendment is consistent with the Principles for Guiding Development
30 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
31 Statutes; and
32 3. The proposed amendment is consistent with Part II, Chapter 163, Florida Statutes;
33 4. The proposed amendment is a necessary adjustment to address a new issue, as required
34 to change the text of the Land Development Code in accordance with Section 102-15 8
35 of the Monroe County Code.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
38 OF COUNTY COMMISSIONERS:
39
40 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
41 and correct and are hereby incorporated as if fully stated herein.
42
43 Section 2. The text of the Monroe County Land Development Code is hereby amended as
44 follows (Deletions are shown SAFFi1 ; additions are shown underlined):
45
2of12
I Chapter 118- ENVIRONMENTAL PROTECTION
2 ARTICLE 1.- IN GENERAL
4 Sec. 118-10. Environmental Design for Specific Habitat Types.
5 (c) Beach berm complex or disturbed with beach berm. All structures developed, used
6 or occupied on land classified as a beach berm complex or as disturbed with beach berm
7 shall be designed, located and constructed such that:
8 (1) All structures are elevated on pilings or other supports.
9 (2) No beach berm material is excavated or removed and no fill is deposited on a beach
10 berm except as needed for shoreline stabilization or beach renourishment projects
11 with a valid public purpose that furthers the goals of the Monroe County
12 Comprehensive Plan,as determined by the Planning Director. If applicable,all such
13 projects shall require approval by the Florida Department of Environmental
14 Protection and the U.S. Army Corps of Engineers prior to the approval and issuance
15 of a county building permit. An Alll�
16 .'
17 (3) The clearing of beach berm vegetation is limited to the minimum clearing required
18 to allow development of a permitted use. Beach berm areas disturbed during
19 construction shall be immediately restored to stable condition pursuant to a
20 restoration plan approved by the County Biologist. Restoration techniques shall be
21 designed to achieve the maximum stability possible. Native plants shall be used
22 exclusively in re-vegetation.
23 (4) A construction impact zone is provided and construction barriers are required at the
24 outer edge of the construction impact zone and shall be visible and of durable
25 material such as wood, rope or wire cable. No fencing or other material that can
26 entrap wildlife may be used as a construction barrier on a beach berm.No vehicular
27 or pedestrian traffic shall be permitted outside of the construction barriers for the
28 duration of the construction period. Barriers shall remain in place and maintained
29 in a functional condition until final inspection for a certificate of occupancy has
30 been approved.
31
32 (e) Mangroves, wetlands, and submerged lands. All structures developed, used or
33 occupied on land classified as mangroves, wetlands or submerged lands (all types and
34 all levels of quality) shall be designed, located and constructed such that:
35
36 (4) Placement of fill. No fill shall be permitted in any mangroves, wetlands, or
37 submerged lands except:
38 a. As specifically allowed by this Section or by Section 118-12(k) (Bulkheads,
39 Seawalls, Riprap) and 118-12(1) (Boat Ramps);
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I b. To fill a manmade, excavated water body such as a canal,boat ramp,boat slip,
2 boat basin or swimming pool if the County Biologist determines that such
3 filling will not have a significant adverse impact on marine or wetland
4 communities provided regulatory approval by the Florida Department of
5 Environmental Protection and the U.S. Army Corps of Engineers is received
6 prior to the approval and issuance of a county building permit eeffiffiefteefflefit
IT7'C7TrR.TR . IT7'1"IZCT--• _ Tr
gpr�noo��
9 c. As needed for shoreline stabilization or beach renourishment projects with a
10 valid public purpose that furthers the goals of the Monroe County
11 Comprehensive Plan, as determined by the County Biologist;
12 d. For bridges extending over wetlands that are required to provide automobile
13 or pedestrian access to lawfully established dwelling units located on upland
14 areas within the same property for which there is no alternate means of access.
15 Such bridges shall be elevated on pilings so that the natural movement of
16 water, including volume, rate and direction of flow shall not be disrupted or
17 altered; or
18 e. As approved for Disturbed Salt Marsh and Buttonwood Association Wetlands
19 with appropriate mitigation as defined by the wetland regulations of
20 subsection (e)(6) of this Section.
21 (5) After-the fact exclusion. No after-the-fact permits shall be issued that violate the
22 County dredge and filling regulations. All fill shall be removed and all damages
23 mitigated.
24 (6) Development in disturbed wetlands. Lands classified as disturbed with salt marsh
25 and buttonwood association may be filled for development in accordance with the
26 following criteria:
27 a. Disturbed wetlands proposed for filling will be evaluated by a County
28 Biologist using the Keys Wetlands Evaluation Procedure (KEYWEP) and
29 assigned a KEYWEP score. The County Biologist may conduct a current
30 KEYWEP analysis to confirm or update a parcel's KEYWEP scores.
31 1. Wetland quality categories based on KEYWEP scoring:
32 i. High functional capacity wetlands: those wetlands that score
33 higher than 5.5, regardless of previous disturbance.
34 Development is prohibited under any circumstances.
35 ii. Moderate functional capacity wetlands: those wetlands that
36 score 5.5 or less, but greater than or equal to 4.6. These
37 wetlands are suitable for development with appropriate
38 mitigation.
39 iii. Low functional capacity wetlands: those wetlands that score
40 less than 4.6 or are assigned a green-flag designation as suitable
41 for development. These wetlands are suitable for development
42 with appropriate mitigation.
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1 2. Wetlands determined by KEYWEP to have a high functional
2 capacity (those wetlands that score above 5.5 or those wetlands that
3 are assigned a red flag) are not suitable for filling. The open space
4 ratio for such wetlands will be 1.0 (100%).
5 3. Wetlands determined by KEYWEP to have moderate or low
6 functional capacity (those wetlands that score 5.5 or less or are
7 assigned a green flag) are suitable for filling with appropriate
8 mitigation, as determined by the Florida Department of
9 Environmental Protection (DEP) and the U.S. Army Corps of
10 Engineers (ALOE). All required permits from DEP and ACOE shall
11 be obtained prior to the approval and issuance of a county building
12 permit. All aspects of any DEP and ALOE required mitigation shall
13 be satisfied prior to the issuance of a Certificate of Occupancy or
14 closure of the county building permit.
15
16
17 .'
18 b. Placement of fill within disturbed wetlands is subject to the environmental
19 design clustering criteria (see Section 118-7(f)). Less sensitive habitats on the
20 subject parcel must be developed before disturbed wetlands are filled.
21 c. Any portion of a wetland filled under these provisions shall be considered
22 disturbed habitat with a required open space ratio of 0.20. In the event that
23 state and/or federal permits restrict fill to the development area only, this
24 provision will not apply.
25 d. Any development within a wetland so filled shall conform to the setbacks
26 established by the DEP and the ACOE permits, and to the minimum yards
27 required by Chapter 131 of this LDC.
28
29 Sec. 118-12. Shoreline Setback.
30
31 (k) Bulkheads,seawalls, and riprap.Bulkheads, seawalls or riprap shall be permitted,provided
32 that:
33 (1) Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
34 demonstrated that their purpose is necessary for erosion control. Any attachments to
35 seawalls or bulkheads, such as davits, cleats, and platforms, or any other elements that
36 constitute docking facilities shall not be allowed except as accessory to a principal use.
37 Seawalls without a principal use may have a cap of no more than two feet in width.
38 (2) Existing grade landward of the bulkhead shall be at least six inches lower than the top of
39 the bulkhead.
40 (3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely eroding
41 shorelines and only on manmade canals, channels, or basins. Such seawalls or bulkheads
42 shall be permitted only if native vegetation and/or riprap and filter cloth is not a feasible
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I means to control erosion. No new seawalls, bulkheads, or other hardened vertical
2 structures shall be permitted on open water.
3 (4) Lawfully existing, deteriorated seawalls and bulkheads may be repaired and/or replaced
4 and are exempt from the nonsubstantial improvements limitations except on known or
5 potential sea turtle nesting beaches. Repairs and/or replacements must maintain the
6 existing footprint to the maximum extent practicable.
7 (5) Whenever feasible, riprap, bulkheads, retaining walls and seawalls should be placed
8 landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
9 aquatic biotic communities shall be preserved to the maximum extent possible.
10 (6) Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
11 energy and provide substrate for marine organisms.
12 (7) No seawalls,bulkheads,riprap or other shoreline hardening structures shall be permitted
13 on or waterward of any portion of any beach berm complex that is known to be or is
14 potential nesting area for marine turtles as determined by the County Biologist,the state,
15 and/or other appropriate agencies. Within known or potential nesting areas, the County
16 Biologist may, in cooperation with the Florida Department of Environmental Protection,
17 determine that specific segments of shorelines have been previously lawfully altered to
18 such a degree that suitable nesting habitat for marine turtles is no longer present. In such
19 cases, the County Biologist in cooperation with the Florida Department of
20 Environmental Protection may recommend reasonable measures to restore the nesting
21 habitat. If such measures are not feasible, the setback requirements of this subsection do
22 not apply. Restoration of suitable nesting habitat shall be required for unlawfully altered
23 beaches.
24 (8) Beach renourishment projects on open water may be approved only upon a determination
25 by the County Biologist that the project has a valid public purpose that furthers the goals
26 of the Monroe County Comprehensive Plan.
27 (9) All such projects shall require state and/or federal permits prior to the approval and
28 issuance of a county building permit.
29 .'
30
31 (1) Boat ramps. Boat ramps shall be permitted provided that:
32 (1) All boat ramps shall be located and designed so as not to create a setback nonconformity
33 for existing structures from the new MHW line created by the boat ramp.
34 (2) All boat ramps shall be confined to shorelines of manmade canals, channels, and basins
35 with little or no native vegetation.
36 (3) The width of boat ramps, including side slopes, shall be limited to 15 feet, except that
37 ramps serving commercial uses, public uses, or more than three dwelling units may be
38 3 5 feet in width.
39 (4) All above-water ramp, side slope or wall structures shall be located landward of the
40 original MHW line. This area shall be subtracted from the total area allowed for
41 structures in the shoreline setback in Section 118-12(c).
42 (5) A maximum of two accessory docks, abutting either or both sides of the ramp, are
43 allowed provided setback requirements are met. These docks may extend beyond MHW,
44 but shall comply with all requirements of this Section and Section 118-10(d).
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1 (6) Construction of a boat ramp shall not involve any filling of surface waters except for the
2 minimum amount needed for the actual boat ramp surface, side slopes, walls or pilings
3 for accessory docks. Walls may not exceed two feet in width.
4 (7) Dredging shall be limited to the minimum amount necessary to construct the boat ramp
5 and may not exceed 100 cubic yards of total excavation above and below MHW. No
6 dredging of submerged grass beds or hardbottom communities shall be allowed.
7 (8) All such projects shall require approval by the Florida Department of Environmental
8 Protection and the U.S. Army Corps of Engineers prior to the approval and issuance of
9 a county building permit.
10 � i +„ vr,,,,00,�
VW A-
11
12 (m) Docking facilities. Docking facilities shall be permitted, provided that:
13 (1) Permit. All required permits from the Florida Department of Environmental Protection
14 and Army Corps of Engineers shall be obtained prior to the approval and issuance of a
15 county building permit. eemmenee ent Of el1Mstfti ,lam
16 .'
17
18
19 (6) Required conditions. Any docking facility shall meet the following conditions:
20 a. All pilings associated with the construction of any dock shall be non-CCA-leaching
21 (recycled plastic, concrete) or be wrapped with impermeable plastic or PVC
22 sleeves. Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter
23 thickness and shall extend from at least 6 inches below the level of the substrate to
24 at least 2 feet above the mean high water line.
25 b. Docking facilities that do not terminate over seagrass beds or hardbottom
26 communities must have at least four feet(4ft)of water depth at MLW at the terminal
27 end of the docking facility, and continuous access to open water. A benthic survey
28 shall be submitted to document the presence or absence of seagrass beds and/or
29 hardbottom communities;
30 c. A docking facility that extends across a full ten percent of the width of any body of
31 water may terminate in water less than four feet (4ft) at MLW if this water depth
32 occurs within five horizontal feet of the terminal end of the docking facility such
33 that the centerline of an average vessel will rest in water of adequate depth, and
34 continuous access to open water is available;
35 d. Docking facilities may be developed on the shoreline of lots in a subdivision that
36 was approved before September 15, 1986, if the docking facility is located in a
37 channel or canal that was dredged before September 15, 1986, and if there is a
38 MLW depth of at least four feet (4ft) at the terminal end of the docking facility.
39 Such docks shall not exceed ten percent of the width of the channel or canal; and
40 e. Docking facilities that terminate over seagrass beds or hardbottom communities
41 may only be permitted when the water depth at the terminal platform is at least four
42 feet (4ft) above the top of all seagrasses, corals, macro algae, sponges, or other
43 sessile organisms at MLW and continuous access to open water of navigable depth
44 is available. The height of pier type docks over benthic biological resources shall
45 be a minimum of 5 feet above mean high water (MHW) as measured from the top
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I surface of the decking, and the total size of the platform shall be limited to 160
2 square feet. The configuration of the platform shall be a maximum of 8 feet by 20
3 feet.A minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement;
4 a 3 feet by 20 feet section may be placed 3 feet above MHW to facilitate boat access.
5 A benthic survey shall be submitted to document the presence or absence of
6 seagrass beds and/or hardbottom communities. A bathymetric survey shall be
7 submitted to document the water depth at the terminal end of the pier and/or
8 platform and to ensure that continuous access to open water of navigable depth is
9 available. All such projects shall require approval by the Florida Department of
10 Environmental Protection and the U.S. Army Corps of Engineers prior to the
11 approval and issuance of a county building permit.
• :
12 .'
13
14
15 (n) Water access structures. The following specific types of structures, or portions thereof,
16 extending over mangroves, wetlands, or submerged lands, shall be permitted only on
17 shorelines of water bodies other than manmade canals, channels, and basins. All required
18 permits from the Florida Department of Environmental Protection and the Army Corps of
19 Engineers shall be obtained prior to the approval and issuance of a county building permit.
20 nemmo ent Af nA:Mc+rLr pi fA C-Aimts T 1 ola tA 1
21
22
23 Chapter 122- FLOODPLAIN MANAGEMENT
24
25 ARTICLE I.- IN GENERAL
26
27 Sec. 122-3. -Definitions.
28 The following words,phrases and terms shall, for the exclusive purposes of this chapter only,have
29 the specific definitions and meanings shown in this section. Where such words,phrases and terms
30 are not defined in this chapter and are defined in the Florida Building Code, such words, phrases
31 and terms shall have the meanings ascribed to them in the Florida Building Code. Where such
32 words, phrases and terms are not defined in this chapter or the Florida Building Code, the county
33 shall utilize the adopted definitions within Chapter 101 of the Monroe County Land Development
34 Code. If the definitions of such words, phrases and terms are not within the Land Development
35 Code, the words,phrases and terms shall have ordinarily accepted meanings as its context and the
36 context of its provision and its provision's structural placement imply.
37
38
39
40
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2 ARTICLE II. ADMINISTRATION
4 Sec. 122-12. Inclusion of United State Federal Emergency Management Agency and United
5 States Fish and Wildlife Service (FWS) required permit referral process (PRP) in final
6 permit determinations for development.
8 (d)Administration of development approval in species focus areas.
10 (2)FWS technical assistance permit requirements. For parcels or lots shown within the SFAMs in
11 which an application for a permit for development has been made including 1) expanding the
12 footprint of a structure; and/or 2) expanding clearing in habitat (including native vegetation
13 removal); and/or 3) placement of fencing into Key deer habitat, if the SFAM indicates the parcel
14 or lot contains suitable habitat for any of the following species: Key Largo cotton mouse, Key
15 Largo wood rat, Key tree-cactus, Lower Keys marsh rabbit, Eastern indigo snake, Key deer,
16 Schaus swallowtail butterfly, silver rice rat, and/or Stock Island tree snail, and the parcel or lot is
17 listed on the RE list, the planning director or his/her designee shall use the SAGs to determine
18 whether a floodplain development permit application requires:
19 a. Incorporation of FWS SAG requirements as conditions into the Monroe County permit and the
20 county may issue the permit, pursuant to all applicable codes; or
21 b. If, according to the SAGs, the proposed development needs technical assistance by FWS t-l+e
22 , the county shall notify the applicant that the following conditions apply:
23 iAr �n,� Inc I n:%AZQ �� �ti-
r� > >
24 ,
25
26 1. The applicant shall seek and obtain technical assistance from the FWS, prior to the
27 approval of a County building permit ; and
28 2. The applicant shall obtain,prior to the approval of a county building_ permit the.i ss to ee
29 , all applicable state or federal permits or approvals pursuant to
30 Section 122-11(h)
31 ,
32 ;
33
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I c. For a floodplain development permit application that requires the FWS' ' technical
2 assistance, Monroe County shall provide the application to the FWS weekly. Based on
3 the FWS' technical assistance,the applicant shall submit the FWS written requirements
4 to the county. If the applicant agrees to the FWS requirements, in writing, Monroe County
5 shall includes the technical assistance requirements
6 provided by the federal agency to avoid possible impacts on federally listed (threatened or
7 endangered) species, as conditions in the Monroe County permit.
8 d. For a development permit application that requires mitigation and/or compensation for adverse
9 effects to native habitat,monetary compensation generated will be applied to restoration and/or
10 purchase of native habitat.
11 e. The county shall maintain an applicant acceptance form, of the service requirements, in the
12 permit file.
13
14
15
16 g7f. If the parcel is within an area previously covered by a habitat conservation plan, and where that
17 habitat conservation plan has expired at the time of development permit application, the county
18 shall apply the permit referral process in this section, unless mitigation was completed for the
19 associated impacts.
20 Wig.If the property owner does not agree to the FWS technical assistance requirements to be included
21 in the development permit as conditions, the county shall not issue-the
22 the-development permit.
23 i-.h. For properties located in Key Largo wood rat, Key Largo cotton mouse, silver rice rat and Lower
24 Keys marsh rabbit habitat,property owners shall agree to execute and record a covenant restriction
25 in favor of Monroe County which prohibits free ranging cats. This requirement alleviates direct
26 and cumulative loss of species habitat which will not negatively impact the total number of new
27 residential permits that may be issued under species assessment guides (SAGs).
28 (3) Provision forflood hazard reduction and avoiding impacts on federally listed (threatened or
29 endangered)species enforcement. All proposed development shall meet the conditions established
30 on the floodplain development permit , which includes FWS technical
31 assistance requirements included as conditions on the Monroe County development permits, to
32 avoid possible impacts on federally-listed species (threatened or endangered). Violation of this
33 section, including any development constructed not in accordance with the FWS requirements,
34 included as conditions on the Monroe County development permit, derived through use of the
35 SAGs or through technical assistance by FWS, are hereby deemed to be violations of the County
36 Code and may be enforced utilizing the administrative enforcement procedures set forth in Chapter
37 8, Monroe County Code of Ordinances. Further, Section 118-11 shall be utilized to require
38 environmental restoration standards.
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2 (5) Permit issuance for annual allocation awards from the Rate of Growth Ordinance (ROGO),
3 Non-Residential Rate of Growth Ordinance (NROGO) ad l oeoiti om Q Permit applications processed
4 through the permit referral process that result in a "may affect determination" for the proposed
5 development through the application of the species assessment guides which require the permittee
6 to coordinate with FWS shall conclude the required coordination and receive approval from FWS
7 prior to gpproval and issuance of the building_permit, and prior to gpplication for a ROGO or
8 NROGO allocation. Permit applications for which ROGO/NROGO applications were received
9 and accepted on or before July 13, 2026, shall have a total of 360 days from the date of a county
10 issued written notice to conclude the required coordination with FWS and pick up the building
11 permits ronv��r T `�ptLIkIrA:f0eee -f-A ,-, �_ onroe Count✓,. This timeframe may be extended by
,_ -
12 the planning director if the applicant can affirmatively demonstrate that he or she has timely and
13 actively sought coordination.
14
15 Section 3. The June 25, 2026-dated Monroe County Planning and Environmental Resources
16 Department professional staff report accompanying this agenda item prepared by
17 Assistant Director for Environmental Resources, Michael Roberts, C.E.P.1,
18 P.W.S.2I C.F.M.,' and through Senior Director Devin Tolpin, A.I.C.P.,4 C.F.M., is
19 hereby incorporated as if fully stated herein and their analysis and determinations
20 of fact and law are hereby accepted and adopted as if fully stated herein.
21
22 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
23 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
24 or unenforceable in or by any administrative hearing officer or court of competent
25 jurisdiction, the invalidity or unenforceability of such provision, or any part or
26 portion thereof, shall neither limit nor impair the operation, enforceability, or
27 validity of any other provision of this Ordinance, or any remaining part(s) and/or
28 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
29 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
30
31 Section 5. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
32 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
33 shall not repeal the repealing clause of such ordinance or revive any ordinance
34 which has been repealed thereby.
35
36 Section 6. Transmittal.This ordinance shall be transmitted to the Florida State Land Planning
37 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
38
'National Association of Environmental Professionals(N.A.E.P.)—Certified Environmental Professional(C.E.P.).
2 Society of Wetland Scientists(S.W.S.)—Professional Wetland Scientist(P.W.S.).
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
4 American Institute of Certified Planners(A.I.C.P.)—Certification.
11 of 12
I Section 7. Filing and Effectiveness. This Ordinance shall be filed in the Office of the
2 Secretary of the State of Florida and shall become effective as provided by law, and
3 if challenged, until the challenge is resolved pursuant to Chapters 120, 163, and
4 380, Florida Statutes.
5
6 Section 8. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
7 included and incorporated in the Code of Ordinances of the County of Monroe,
8 Florida, as an addition to amendment thereto, and shall be appropriately
9 renumbered to conform to the uniform marking system of the Code.
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
12 Florida, at a public meeting held on this 15th day of July, 2026.
13
14 Mayor Michelle Lincoln, District 2
15 Mayor Pro Tem David Rice, District 4
16 Commissioner Craig Cates, District 1
17 Commissioner James K. Scholl, District 3
18 Commissioner Holly Merrill Raschein, District 5
19
20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUNTY, FLORIDA
22
23 By:
24 Mayor Michelle Lincoln
25
26 MONPOE COUNTY ATTORNEY
27 (SEAL) A.P,J'APOVED 0.104FORM
28
29 ATTEST: KEVIN MADOK, CLERK
30
31 By:
32 AS DEPUTY CLERK
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My{y{{
M p q f
BUSINESS IMPACT ESTIMATE1
Meeting Date: July 15,2026
Proposed Ordinance Title/Reference: Ordinance Adopting Amendments to Monroe County
Land Development Code Sections 118-10, 118-12, 122-3, and 122-12 to Delete References to the
County's Notice To Proceed Requirements.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:2
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑The-proposed ordinance is required to implement a contract or an agreement,
including,but not limited to, any Federal, State, local, or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code;or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: The
proposed ordinance amends the text of the Monroe County Land Development Code in order
to provide for consistency with Chapter 125.022 Florida Statutes, which removed restrictions
on the ability of a county to require applicants for a county building permit to obtain all other
applicable state or federal permits prior to issuance of the building permit. In 2012, Chapter
125.022 Florida Statutes (F.S.) was amended to prohibit a county from requiring as a condition
of processing or issuing a development permit that an applicant obtain a permit or approval
from any state or federal agency unless the agency has issued a final agency action that denies
the federal or state permit before the county action on the local development permit, which as
defined included building permits. Chapter 125.022 was again amended in 2013 to specify that
the term "development permit" has the same meaning as in s. 163.3164 (The Community
Planning Act) but does not include building permits. The amendments to the Monroe County
Land Development Code (LDC) adopted in 2016 (Ordinance 006-216) followed the criteria of
125.022 F.S. as promulgated in 2012.
The currently proposed amendments to the LDC reflect subsequent amendments and
revisions to 125.022 through 2025 and delete references to the Notice to Proceed Requirements.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The ordinance ("amendment") is not intended to directly impact business compliance
costs.
b. New Charges/Fees on Businesses Impacted:
This amendment does not impose any new County fees/charges to be assessed.
c. Estimate of Regulatory Costs:
This amendment does not impose any added regulatory expense and therefore is not
anticipated to create such costs associated with compliance such as County regulations.
Good Faith Estimate of Number of Businesses Likely Impacted: The estimated number of
businesses likely to be impacted by this ordinance ("amendment") cannot be quantified at this
time because the amendment neither is intended to directly impact business compliance costs
nor imposes any County fees/charges to be assessed.
Any Additional Information:N/A.
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2025)