§ 3.05.02. Exemptions from Requirements for Vegetation Protection and Preservation

A.

NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section.

B.

Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture.

C.

Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation.

D.

Pre-existing uses. The requirements of LDC subsection 3.05.07 C shall not apply to, affect or limit the continuation of uses within the RFMUD which existed prior to June 19, 2002. No changes in location of preserves shall be required for projects identified by this exemption.

1.

Such existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a conditional use has been approved by the County prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the County prior to June 19, 2002 - inclusive of all lands not zoned Rural Agricultural (A); or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include on-site expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses.

2.

Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district , and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity.

E.

Mangrove trimming and alteration that is exclusively governed by the State pursuant to the Mangrove Trimming and Preservation Act, Sections 403.9321 through 403.9333, F.S.

F.

The following exceptions shall apply when there are no bald eagle nests:

1.

A vegetation removal permit for clearing 1 acre or less of land shall not be required for the removal of protected vegetation , other than a specimen tree, on lots subdivided for single-family use pursuant to LDC section 3.05.02 F.1.a.—c. This exemption shall not apply to lots on undeveloped coastal barrier islands or in the ST, ACSC-ST or RFMU overlay districts when a higher native vegetation protection requirement may not allow for 1 full acre of clearing.

a.

A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit); or

b.

The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal, and the total area that will be cleared on site does not exceed one acre; and

c.

All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetlands impacts or for listed species protection.

G.

A vegetation removal permit is not required for the following situations:

1.

Removal of protected vegetation other than a specimen tree, when a site plan and vegetation protection plans have been reviewed and approved by the County Manager or designee as part of the final local development order .

2.

Removal of protected vegetation from the property of a Florida licensed tree farm/nursery, where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose.

3.

Removal of protected vegetation , other than a specimen tree, by a Florida licensed professional surveyor and mapper in the performance of his/her surveying duties, provided such removal is for individual trees within a swath that is less than three (3) feet in width.

4.

Removal of protected vegetation prior to building permit issuance, if the conditions set forth in LDC section 4.06.04 A. are met.

5.

Hand removal of prohibited exotic and non- native vegetation . See LDC section 3.05.05 for mechanical removal of prohibited exotic and non- native vegetation .

6.

After a right-of-way for an electrical transmission line or public utility distribution line has been established and constructed, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established and constructed right-of-way . Trimming and pruning shall be in accordance with LDC section 4.06.05. All needed environmental permits must be obtained from the appropriate agencies and management plans must comply with agency regulations and guidelines. These may include but are not limited to permits for wetland impacts and management plans for listed species protection.

7.

After a publicly owned road right-of-way has been legally secured, a local government may not require any clearing permits for vegetation removal, maintenance, tree pruning or trimming within the established road right-of-way . Trimming and pruning shall be in accordance with LDC section 4.06.05. All needed environmental permits or management plans have been obtained from the appropriate local, state and federal agencies. These permits may include but are not limited to permits for wetland impacts or for listed species protection.

8.

Vegetation removal for environmental restoration projects on publically owned land designated as parks, preserves, forests or mitigation areas. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing.

9.

Vegetation removal to implement Preserve Management Plans and wildfire mitigation plans that specify land management practices for clearing for fuel management or fire lines in accordance with normal forestry practices and which have been approved as part of a Preserve Management Plan pursuant to LDC section 3.05.07 H. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing.

10.

Creation of fire breaks installed by the Florida Forest Service or reviewed and approved by the Florida Forest Service as part of a wildfire mitigation plan.

11.

Removal of dead, dying or leaning trees within preserves which pose a safety concern, unless such trees contain a nest or cavity of a listed animal species or bald eagle. Where such preserves have monitoring plan requirements pursuant to LDC section 3.05.07.H.1.g, the annual inspection monitoring report for the preserve shall document with photographs the trees to be removed for safety concerns.

(Ord. No. 05-27, § 3.K; Ord. No. 06-63, § 3.N; Ord. No. 12-38, § 3.D; Ord. No. 13-56, § 3.E; Ord. No. 14-33, § 3.E; Ord. No. 15-44, § 3.B)