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)  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 In addition, population growth in rural areas means that more forests are increasingly influenced by human presence.

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

Examiner.com

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

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

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

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

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. 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: /florida_forestry_information/forest_manage ment/bmps.html From: /florida_forestry_information/forest_manage ment/bmps.html

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

Right to Farm Act (F.S. Sec ).. 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 , where such activity is regulated through implemented best management practices

F.S 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. "Bona fide agricultural purposes" means good faith commercial agricultural use of the land. Factors may be taken into consideration: Factors may be taken into consideration: 1.The length of time the land has been so used. 2.Whether the use has been continuous. 3.The purchase price paid.

F.S Agricultural Lands; Classification and Assessment (2009) (Cont’d) 4. Size, as it relates to specific agricultural use, but in no event shall a minimum acreage be required for agricultural assessment. 5. 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.

Forestry Relationship With Development F.S. Section Definition of development: F.S. Section 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. 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.

(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. Forestry Relationship With Development (Cont’d)

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

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)

Period of Enactment Percent Enacted

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) Actions for Exemption

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.

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

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

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. 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. Silviculture not a permitted land use in some land use districts such as urban/rural fringe; rural residential; and conservation areas.

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

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