1000 Friends of Florida and the Walton County Commission have agreed to settle a legal challenge brought by 1000 Friends and Walton County residents over the removal from the comprehensive plan of protections for Walton County's unique Coastal Dune Lakes. The settlement agreement balances hardship provisions for property owners with greater water quality protection measures for the ecosystem, including prohibitions on new septic systems, improved stormwater management practices, a required study on the health of the dune lakes, and recommendations for protecting the lakes for future generations.
"We believe this settlement balances the needs of property owners with the need to preserve and protect the globally imperiled Coastal Dune Lakes," says 1000 Friends of Florida president Ryan Smart. "Despite Florida law giving great deference to local governments in comprehensive planning decisions, they still have a responsibility to protect our state's fragile natural resources."
Under the terms of the agreement, preservation requirements for properties near the coastal dune lakes will remain in the comprehensive plan but, to address hardship, less stringent setback and buffer requirements are allowed for lots 200 feet or less in depth. The settlement also allows a 15 percent increase in impervious surface allowances, but for the first time incorporates strict limits on the clearing of native vegetation. Hardship relief provisions place firm limits on the vegetative clearing and impervious surface that could be allowed in the buffer areas.
The settlement agreement also contains a series of significant new protections for the coastal dune lakes. The Walton County comprehensive plan will now require that new development and major redevelopment connect to central sewer. Existing development is required to connect to central sewer when on-site sewage systems need replacement. Additionally, prior to new development or redevelopment, lot owners must submit a stormwater plan for the property incorporating "low impact development practices," with the county implementing a monitoring program to ensure compliance. In the event a dwelling unit is more than 50 percent destroyed, the owner cannot exceed the footprint dimensions of the previously existing dwelling unit, and replacement vegetation must be native vegetation appropriate to a dune lake ecosystem.
In addition to the above amendments to the comprehensive plan, Walton County also is required to identify and apply to funding sources to assist property owners with the costs associated with connecting with central sewer, and further encourage all property owners adjacent to a Coastal Dune Lake to connect. The County shall also select a qualified consultant to conduct a study and develop recommendations on land use and other strategies to protect water quality in the lakes and Gulf of Mexico. Finally, the County is to prohibit any new point sources of pollution into the Coastal Dune Lakes from any County-related stormwater management systems.
The County Commission agreed to the terms of this settlement agreement at its meeting on August 23, 2016 and passed the remedial amendment on September 20th. The settlement agreement will go into effect after review and approval by the Florida Department of Economic Opportunity and the Administrative Law Judge.
