A rash removal of mangroves in Anna Maria might be inspiring change.
Holmes Beach city commissioners reached a consensus Feb. 13 to create a “mangrove task force” to monitor mangroves within the municipality and ensure the enforcement of removal and trimming regulations.
The discussion was sparked by the removal last December of about 67 feet of mangroves at 111 Gull Drive, Anna Maria.
Mangroves are protected by state law because they provide environmental benefits, including offering a unique ecosystem for marine life, decreasing land erosion and improving nearshore water quality.
The 1996 Florida Department of Environmental Protection Mangrove Trimming and Preservation Act establishes regulations to protect coastal vegetation.
The law sets standards for trimming mangroves and most alterations require DEP permitting.
Nevertheless, the DEP permitted the removal of mangroves at 111 Gull Drive for the construction of a seawall and cleared the work as within the footprint of exempt activity following a Dec. 22, 2023, inspection.
While work at the property remained stalled in lieu of permitting from the city of Anna Maria and the U.S. Army Corps of Engineers, the matter inspired island officials to begin discussions about mangrove regulations and enforcement.
Anna Maria City Commissioner Charlie Salem broached the topic in January, when he called for the city to explore options for reclaiming enforcement of mangrove removal and trimming regulations.
Holmes Beach City Commission Chair Terry Schaefer brought the topic to his city for discussion at the Feb. 13 work session.
Schaefer called into question the DEP’s effectiveness in enforcing mangrove regulations. He said the state has allowed “a number of violations” to go unpunished and said the city may be able to enforce the state regulations better.
“We’re in a better position to minimize any future violations,” Schaefer said.
City attorney Erica Augello said the DEP can delegate the authority to enforce and permit mangrove removals and trimmings to municipalities.
However, the cities cannot change state law, which defines violations and establishes fines and repercussions.
Augello added that state law regulating mangrove removal and trimming has been “eroded” to such a point that it “doesn’t provide any incentives for people to adhere to the law.”
“We don’t have the ability to levy any greater fines. We don’t have the ability to make any more constraints as far as permitting,” she said. “We must adhere to the statute as written.”
Commissioner Carol Soustek questioned the purpose of taking on enforcement if the laws fail to prevent violations or adequately punish violators.
“Morally, I would like to do this just to protect the mangroves because I know they’re vital,” Soustek said. “I just feel like the bad guys are just going to continue to do it.”
“That’s just the price of doing business,” Commissioner Pat Morton agreed.
Mayor Judy Titsworth proposed the creation of a task force to monitor mangroves in the city and keep DEP enforcement in check.
She said city staff could meet to discuss options for such a task force and present them at a future meeting.
“We can challenge the DEP if they come in and say, ‘This is OK. This is exempt.’ If we don’t feel it’s exempt, we can challenge it,” she said.
Titsworth also called for changes at the state level to address the “eroded” mangrove regulations and encouraged people to vote for environmentally conscious representatives.
HB commissioners agreed to pursue Titsworth’s recommendation.
Meanwhile, Anna Maria Mayor Dan Murphy told The Islander Feb. 16 that a stop work order remains posted while awaiting city approval for the seawall permit.
The city posted the red tag at the property Dec. 6, 2023, after staff found the contractor, Mason Martin, removed the mangroves while awaiting the permit.
It is unclear when construction at 111 Gull Drive will resume.
City staff reposted the stop work order Dec. 13 on finding the contractor had removed the red tag and resumed work.
Murphy said the city is awaiting a seawall permit from USACE and additional information.
Until then, the red tag will remain.
In the meantime, Salem wants the city commission to revisit the conversation about mangrove regulations and enforcement.
“Even if it doesn’t result in more local regulation of mangrove removal, I think that just based on what happened, I think it’s good to have the discussion so everybody can kind of understand what the rules of the road are,” Salem told The Islander Feb. 15.
Murphy said a discussion about mangrove regulations and enforcement will be an agenda item for a city commission meeting in the “near future.”
Holmes Beach will meet next at 2 p.m. Tuesday, Feb. 27, at city hall, 5801 Marina Drive.