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Builders Seek Ability to Develop More Coastal Areas

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BRADENTON – At its April 21 land use meeting, the Manatee County Commission will take up its Peril of Flood ordinance. Developers are asking the county to amend its Comprehensive Plan to allow for the construction of seawalls and the use of fill to elevate shoreline property so that it would no longer be in the coastal high hazard zone.

In 2015, the Florida Legislature passed a statute titled "Peril of Flood," specifying new requirements for the coastal management element of comprehensive land use plans related to coastal flooding and the impacts of sea-level rise, with numerous references for the protection of the natural shoreline, preserving natural habitats, and a requirement of buffers larger than 50 feet.

In a March 16 letter to BOCC Chair Kevin Van Ostenbridge and Manatee County Administrator Scott Hopes (click to view), Vogler, acting "on behalf of Medallion Homes, Neal Communities, and other interested and affected landowners and developers," contended that Manatee County's current statute was not in compliance with state law and recommended that the county and its board:

1. Adopt specific plan policies that provide, in fact, principles, strategies, and engineering solutions as required by the law. These could include the following:

a. Allow fill material to be added to coastal real property in an effort to elevate the topography of the real property and result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency.

b. Allow the construction of walls and other revetments to support the placement of fill material on coastal real property in an effort to elevate the topography of the real property and result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency.

c. Require new development and redevelopment to employ site development techniques that reduce flood losses and claims made under flood insurance policies, including structural and non-structural site development techniques, such as grading of real property and fill materials added to the real property, or use of appropriate materials such as walls and revetments to withstand inundation, minimizing flood damage to structures through flood-proofing techniques and strategies.

2. Defer adoption and direct your staff and consultants to develop and present for consideration and public comment additional principles, strategies, and engineering solutions that comply with the law. We are aware of no attempt to do so as of this writing and compliance with the law is not optional.

The meeting is scheduled for 1:30:00 p.m. in the commission chambers. To submit public comment on the item, click here.

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