Wetland Buffer Intact, for Now: Split Planning Board Delays Action, Cites Upcoming State Regulations

By Ryan Burr, The News Herald, Panama City, Fla.

Jan. 17–LYNN HAVEN — State regulations are slowing an effort to revise a 30-foot wetlands buffer, as the Lynn Haven Planning Commission delayed making a decision on the revisions until fall.

City Planner Marion Cook said certain standards of a statewide program, called environmental resource permitting, would affect the city’s proposed revisions to its regulation of accessory structure placement. The state program, when it takes effect in the fall, includes a requirement that buildings be an average of 25 feet from protected waters but no closer than 15 feet.

If Lynn Haven adopted the same standard, a homeowner could have a swimming pool or gazebo on his or her property without violating the wetlands buffer as long as the average setback of all structures on the property was 25 feet. City commissioners will visit the issue next week.

Early in Wednesday’s discussion, city staff presented a proposal to adopt a 30-foot average wetlands buffer and a 15-foot minimum. But on a 3-3 vote, that motion died, and eventually, Planning Commission member Ben Faust made a new motion to recommend the City Commission deny the staff’s proposal “due to insufficient information” and instead wait until the fall to see if the state environmental permitting rules take effect, as expected.

Background

In 2006, the city devised a coastal management policy in its land-use plan, prohibiting all development within 30 feet of wetlands or a waterfront area. In fall 2007, City Manager John Lynch said the plan had “unintended consequences,” such as with several residents who were unable to build a pool on their property because of the policy.

In early October, the City Commission approved amending its land-use plan so accessory structures could be permitted within the 30-foot zone if the city approved a variance. The state Department of Community Affairs, which must review all major changes to a city’s land-use plan, objected in November, saying the move weakens environmental protection offered by the city’s land-use plan.

Lynn Haven resident Bill Tolson had urged the board to put off changing the wetlands buffer during Wednesday’s meeting. He had reservations about adopting an average-driven buffer.

“People can get very inventive in how they achieve an average,” he said.

Faust expressed uneasiness with the 30-foot average, too, saying it was complicated, but he voted in favor of it on the 3-3 vote, saying he “is going to believe in the people who wrote this” to make it work.

Several planning board members shared Tolson’s concern that protected waters might need to be defined, not just by the state, but also by the city in case there are isolated wetlands that would be included in the buffer.

City Commissioner Frances Witkopf, sitting at Wednesday’s planning board meeting, said she was pleased with the outcome but was not sure how the rest of the commissioners would vote Tuesday on that recommendation. She was the only commissioner in October to vote against amending the wetlands buffer policy.

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