PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO: Honorable Chairman DATE: 5/23/2002 FILE: CAO 02-2844

Members of the Board

of County Commissioners

RE: Response to Waterfront Community

Impact Council/Proposed

THRU: Robert D. Sumner Amendments to Code Section 114-39

County Attorney and 114-40 Regarding Rip-Rap

Installation and Dock Construction

FROM: Joseph D. Richards

Assistant County Attorney

It is recommended that the data herein presented be given formal consideration by the Board of County Commissioners.

DESCRIPTION AND CONDITIONS:

On February 26, 2002, Chairman Hildebrand directed the County Attorney’s Office to look at providing specifications for docks, in response to a presentation by the Waterfront Community Impact Council of Pasco County. The Impact Council identified several problems regarding the construction of sea walls and docks and the dumping of construction debris into the navigable waters of the county, primarily manmade canals along Pasco County’s western shore line. Apparently, people are dumping construction debris into canals under guise of “rip-rap” installation. Additionally, state agencies permit dock construction but enforce no standards regarding the size and extent of the docks. The Impact Council also reported that Styrofoam used in floating docks can pollute the water as the material breaks apart. The Impact Council requested the that county enact ordinances that would achieve the following:

1. Establish a clear definition of acceptable materials and dimensions for construction and repair of sea walls;

2. Establish allowable dimensions in navigable waterways for the construction of private docks and related structures;

3. Require that all dock and pier flotation material be encapsulated so that Styrofoam pellets do not contaminate waterways; and

4. Prohibit the dumping of construction debris by establishing a clear definition of what materials may be used for rip-rap.

The Impact Council requested that if ordinances could not be adopted, the county should seek delegation from the Department of Environmental Protection (DEP) of regulation of these coastal construction matters to ensure timely and effective local enforcement of violations.

Based on our research, delegation of the DEP regulatory program is not an option at this time. To obtain delegation Pasco County would have to demonstrate that we meet some rather stringent criteria. Pasco County does not have the staffing and expertise to meet the criteria. If we are adopting our own ordinances, however, delegation would not be necessary. Also, receiving delegation is a lengthy process which would only delay the enforcement of these immediate threats.

In response to the Chairman’s direction, we propose the following amendments to the Pasco County’s code of ordinances that will address all four problems noted by the Impact Council. The proposed amendments would help to eliminate these real and potential threats to public health and safety, navigation, and water quality. Although, the Southwest Florida Water Management District (SWFWMD) and DEP regulate coastal and waterway construction, the county has clear authority to adopt more stringent regulations. One of the short comings of the DEP and SWFWMD regulatory programs is that neither SWFWMD nor DEP regulate the insulation of rip-rap in manmade canals. By adopting these amendments the county would be filling this enforcement gap.

Additionally, the county can provide quicker response time to complaints and thereby help reduce these threats to water quality and navigation.

We propose to amend Chapter 114 of Pasco County Code. This chapter covers boating and water safety. Chapter 114-39 prevents the dumping of junk, wrecked, and abandoned or derelict property in the waters of the county. We propose to amend this section to also prohibit the dumping of construction debris, garbage, and solid waste. In doing so we would establish a clear definition of rip-rap. Rip-rap can provide environmental benefits and protect seawalls if it is done properly. The standards for rip-rap that we propose to include in Section 114 are those already established and enforced by DEP for coastal construction. This DEP definition however does not apply to manmade canals, therefore, we propose to adopt the standard and apply to all waters within the county.

Section 114 prohibits the obstruction of water courses. We propose to enhance this section by setting specific standards regarding dock construction to provide some clarification as to what would be “obstruction.” The intent is to provide some specific dimensions as to how far a dock can extend into a water course to prevent obstruction of navigation. In this section we will also prohibit the use of any flotation material that is not fully encapsulated and thus prevent Styrofoam pellets from contaminating the waters of Pasco County. It should be noted that Pasco County does not currently, nor would it under these amendments, permit dock construction, but this would give us an enforcement tool to prevent docks permitted by other agencies from obstructing water courses. These regulations would be enforced through our normal code enforcement procedures.

ALTERNATIVES AND ANALYSIS:

We request that the Board of County Commissioners consider the following

alternatives:

1. Introduce the attached ordinance, refer same to the Waterways Navigation Board for consideration on June 11, 2002, at its regular meeting and direct Development Services to then advertise for a public hearing before the Board of County Commissioners on July 30, 2002.

2. Direct staff to some other course of action.

RECOMMENDATION AND FUNDING:

The County Attorney’s Office, with the concurrence of Development Services, recommends that the Board of County Commissioners approve alternative number one.

No funding is required for this action.

JDR:mjc

Attachments:  draft ordinance amendment

cc: Bipin Parikh, Assistant County Administrator

Cynthia Jolly, Development Director

Debra Zampetti, Zoning Administrator

Joseph Gross, Assistant Zoning/Code Compliance Administrator