Volusia Committee Debates Tree Ordinance and Gopher Tortoise Protection

The Volusia Environmental Committee recently convened to discuss a range of pressing environmental issues, with attention given to the proposed changes to tree preservation ordinances and gopher tortoise habitat protection.

One of the most notable topics was the debate over the county’s tree ordinances in Chapters 50 and 72. The committee considered the removal of exemptions for certain zoning classifications, specifically mh4 and ra, and the possible inclusion of conservation areas as exempt. After thorough discussions, a motion to remove mh4 and ra exemptions and add conservation to the list was passed with a majority vote. Additionally, the committee agreed to clarify language around lot sizes in R3 and R4 zoning classifications, extending the applicability to lots of 2.5 acres or larger.

Another point of discussion centered on the gopher tortoise ordinance, which is designed to protect these keystone species and their habitats, including a 25-foot buffer around their burrows. The committee explained the importance of the ordinance in supporting the survival of not only gopher tortoises but also the 350 other species that rely on their burrows. The low $100 fee for a gopher tortoise habitat review was highlighted as a cost-effective measure compared to hiring a private consultant. The committee also reviewed the inspection process that relies on their mapping system to identify potential gopher tortoise habitats based on soil and vegetation types.

During the meeting, the committee addressed the enforcement of the ordinance in cities within the county, clarifying that while the ordinance is specific to Chapter 72 of the county, the Florida Fish and Wildlife Conservation Commission (FWC) rules remain applicable. They also discussed the exemptions for agricultural use. The committee noted that they serve as an inspection arm, with the permitting process handled by the FWC.

The discussion on tree ordinances also included a motion to approve a new right-of-way alignments section, which was later withdrawn for further review. The committee expressed concerns about the lack of replacement requirements for non-historic and non-specimen trees in planned public and private rights of way, particularly in the context of new developments and subdivisions.

Further, the committee deliberated on the proposed changes to the code regarding agricultural lot exemptions. A proposal to modify the exemption requirement to 2.5 acres or larger for agricultural lots was debated and voted in favor, with one member opposing. The implications of these changes for different zoning classifications were a focal point of the discussion.

The meeting also touched upon the potential changes to the tree removal and replacement requirements, including the exemption for historic trees on single-family owner-occupied properties. The committee voted to increase the rebuttable presumption time frame from three years to five years, a decision that raised differing opinions among members.

In addition to the discussions on ordinances and regulations, the meeting provided insights into funding and grants available for low-impact development codes and related projects. The committee highlighted the vulnerability assessment being conducted in partnership with the East Central Florida Regional Planning Council, funded by a Resilient Florida Grant, which aims to measure the county’s vulnerability to sea level rise and storm surge.

The meeting concluded with the committee expressing support for the vCard letter and its recommendations, which aim to protect property owners and hold contractors accountable for violations. The challenges of enforcing code violations were acknowledged, with a focus on the need for practical enforcement measures that balance environmental protection with the realities of accountability.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
County Manager:
George Recktenwald
Environmental Commission Officials:
Melissa Lammers, Jessica Gow (Esq.), Wendy B. Anderson, Tyler J. Malmborg, Saralee Morrissey, Bob Fitzsimmons, John L. Hoblick, Jack Surrette, E. Bliss Jamison, Bill Lites, Bernie LeFils, Alex Zelenski, Suzanne Scheiber, Donna Brosemer

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