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Forestry-related Ordinances in Florida

Forestry-related Ordinances in Florida. What are the potential influences of county and municipal ordinances on forest land retention and sustainability?. Southern Forest Resource Assessment (2002).

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Forestry-related Ordinances in Florida

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  1. Forestry-related Ordinances in Florida What are the potential influences of county and municipal ordinances on forest land retention and sustainability?

  2. Southern Forest Resource Assessment (2002) Among forces of change, urbanization will have the most direct, immediate, and permanent effects on the extent, condition, and health of forests. 12 million acres urbanized between 1992 and 2020 19 million acres developed between 2020 and 2040. In addition, population growth in rural areas means that more forests are increasingly influenced by human presence.

  3. http://www.floridiannature.com/Florida_population_map.png

  4. www.epa.gov/wed/pages/ecoregions/fl_eco.htm

  5. Resource – Municipal Code Corporation Database Multiple code search Advanced search options Florida municipalities -- 273 of 450 (61%) Florida counties – 52 of 66 (79%) American Legal Publishing database – 13 municipalities

  6. Examiner.com

  7. Methods Identify and characterize ordinances in terms of: Jurisdiction – county or municipal Citation and date of enactment Primary purpose Provisions as they relate to forestry

  8. Search Method Keywords entriesNumber Forest* 2290 Silviculture* (exclude forest*) 117 Timber and harvest* 6 not forest* or silvicultur*) Tree and protect* 389 (not forest* or silvicultur*)

  9. Other Searches(excluding forest* and silviculture*) Number Term entries Cypress mulch (phrase) 35 Firewise/Defensible space 2 Prescribe* burn*/ Prescribe* 16 fire/ Control* burn*

  10. Search Results • 451ordinances related to forestry • 176 ordinances in 49 counties (52 municode) • 275 ordinances in 123 municipalities (273 municode)

  11. Florida's Silviculture Best Management Practices • Minimum standards necessary for protecting and maintaining the State's water quality as well as some wildlife habitat values while conducting forestry activities. They represent a balance between overall natural resource protection and use. • From:http://www.sfrc.ufl.edu/Extension /florida_forestry_information/forest_management/bmps.html

  12. Florida's Silvicultural Best Management Practices • FL’s BMPS’ were developed in the mid 1970’s response to CWA of 1972 requiring control of NPS water pollution and revised in 1993. • Possible sources of NPS pollution from forestry operations includes sediment loading from road building, increased channel erosion, and siltation.

  13. Right to Farm Act (F.S. Sec. 23.14) .. a local government may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, where such activity is regulated through implemented best management practices..

  14. F.S. 193.461 Agricultural Lands; Classification and Assessment (2009) Only lands which are used primarily for bona fide agricultural purposes "Bona fide agricultural purposes" means good faith commercial agricultural use of the land. Factors may be taken into consideration: The length of time the land has been so used. Whether the use has been continuous. The purchase price paid.

  15. F.S. 193.461 Agricultural Lands; Classification and Assessment (2009) (Cont’d) Size, as it relates to specific agricultural use, but in no event shall a minimum acreage be required for agricultural assessment. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, fertilizing, .. reforesting, and other accepted agricultural practices.

  16. Forestry Relationship With Development F.S. Section 380.04  Definition of development: The term "development" means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.

  17. Forestry Relationship With Development(Cont’d) (3)  The following operations or uses shall not be taken for the purpose of this chapter to involve "development" as defined in this section: (e)  The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.

  18. Primary focus of ordinances • Zoning/land use (104) • Water related: • Stormwater management (36) • Wetlands protection (30) • Shoreline protection (14) • Wellfield protection (12) • Floodplain management (10)

  19. Focus of Ordinances (cont’d) • Tree protection (85) • Prescribed/controlled burns (47) • Timber harvesting (12) • Firewise/defensible space (10) • Land clearing (7) • Cypress mulch (5) • Chemical storage and use (6) • Vegetative hazards (4)

  20. PercentEnacted Period of Enactment

  21. Actions for Exemption Forestry is exempt (45); except “highly valued trees” (3) FL Silvicultural BMP’s (61) Buffers and/or selective harvests (32) Harvests permits (15); Notification (5) Management plans (11) Regeneration plans (8)

  22. Actions for exemption (cont’d) • Qualify as “bonafide agriculture” (33) • Qualify for agricultural use classification (8) • Qualify for both of above (9) • “Silent” (49)– Tree removal prohibitions make no reference to forestry use.

  23. Actions required Prescribed burns: • Comply with state rules (16), local notification (6), local permit (18) • Restoration only and conducted by Fire officials (1) Well field protection: • Permit forest chemical storage > 50 gallons (5) Firewise: infrastructure standards (4), def. space (3)

  24. Cypress • Harvest limited to dry season (2) • Harvest limited to sawtimber (1) • Requires mgmt plan that includes steps to insure no adverse effects (1) • Use of cypress mulch in landscapes: Prohibited (9), Discouraged (14)

  25. Potential Influences From Zoning and Land Use Ordinances • Protects traditional ag/forestry uses. Limits development density in ag/forestry/ conservation land use districts. Promote forestry in urban/rural fringe districts. • Silviculture not a permitted land use in some land use districts such as urban/rural fringe; rural residential; and conservation areas.

  26. Implications Without exemptions, forestry from would be subject to permits; and requirements such as site surveys, mitigation, restoration, and environmental assessments. Most commonly, exemptions require BMP’s, buffers, “bonafide forestry” and maintaining ag use assessment.

  27. Future Research Utilizing Ordinance Data • Website database of Florida ordinances • Analyze with demographics/population/ forest type • Spatial analysis by location and type

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