Ordinance 85-64ORDINANCE NO. 85 - 6a
AN ORDINANCE AMENDING ORDINANCE 83-54,
THE COMPREHENSIVE PLAN FOR COLLIER
;~-COUNTY, FLORIDA BY ADDING AN ELEMENT TO
THE COMPREHENSIVE PLAN ENTITLED THE BIG
CYPRESS AREA OF CRITICAL STATE CONCERN
ELEMENT; BY PROVIDING A HISTORY OF THE
LEGISLATION REGARDING THE BIG CYPRESS
AREA OF CRITICAL STATE CONCERN; PROVIDING
A DESCRIPTION OF THE AREA; SETTING FORTH
THE REGULATIONS GOVERNING LAND USE AND
THE PROTECTION OF NATURAL RESOURCES IN
THE BIG CYPRESS AREA OF CRITICAL STATE
CONCERN, MORE "PARTICULARLY DESCRIBED
HEREIN AND PROVIDING AN EFFECTIVE DATE.
~HEREAS, the Collier County Planning Department petitioned the Board
of County Co~issioners to amend the Comprehensive Plan of Collier
County by adding the Big Cypress Area of Critical State Concern Element;
%%nd,
WHEREAS, the Big Cypress Area of dritical State Concern Element is
required because oK legislative amendments to Chapters 163 and 380.05,
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Florida S£atutes; and, '.
WH.~REAS, the Big Cypress Area of Critical State Concern, as
designate~ by Chapter 380.055, Florida Statutes, is an area containing
and having a significant impact upon environmental and natural resources
of regional and statewide importance of the herein described real
..p~opsrty;
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
of Coilier County, Florida:
SECTION ONE:
The legal description of the Big Cypress Area of Critical State
Concern is set forth on Exhibit "A", attached hereto and incorporated
herein, said description describing lands located within Collier, Dads
and Monroe Counties. ~q~e Big Cypress Area of Critical State Concern
Element of the Collier ~ounty Co~rehensive Plan shall be applicable to
all areas of the Big Cypress Area of Critical State Concern located
within the boundaries of Collier County.
SECTION TWO:
Collier County Ordinance'83-56, The Comprehensive Plan for Collier
County, is hereby amended to add the Big Cypress Area of Critical State
Concern Element, such comprehensive plan element to read as follows:
BIG CYPRESS AREA OF CRITICAL STATE CONCERN ELEMENT
I. INTRODUCTION
The Florida Environmental Land and Water Management Act of 1972 (Chapter
380, Florida Statutes) established the procedure for designating and
administering development regulations for "Area~ of Critical State
Concern". As outlined in the Act, designation was to b6.1imited to areas
containing environmental and natural resources of regional, ~tatewide and
national importance. In 1973, the state legislature designat~d ~he Big
Cypress Area as an area of critical state concern with the passage'of the
Big Cypress Conservation Act. This Act set the boundaries of the Big
Cypress Area of Critical State Concern and ~uthorized the state land..
planning agency to submit land development regulations a~plicable to ~he
area. Recent amendments to Chapter 380 and ChapTer 16~. (The Local
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Government Comprehensive Planning Act), have provided for state review
and approval of portions of loc'al regulations~ a~d comprehensiy~ plans
applicable to areas of critical state concern. Due to these recent
]egislative changes the m'iS Cypress ~rea of Critical State Concern
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Element has been included in the Collier County Comprehensive
This Element is divided into three sections: Introduction; Setting
and Problem Statement; and Implementation Strategy. The Introduction
provides a brief description of the legislation creating the Area of
Critical State Concern and a general overview of the element. The
Setting and Problem Strtement section reviews the pertinent legislation
governing the area and describes the area's demography, topography,
soils, climate and vegetation· This section also discusses the relation-
shir of the Big Cypress Element to the Land Use Element, Transportation
Element, Natural Resources Element and Intergovernmental Coordination
ELement. The last section, Implementation Strategy, describes the regu!a-
tions which govern future land development and outlines Collier County's
plans for implementing those regulations for the protection .~f the
resources in the Area of Critical State Concern.
II. SETTING AND PROBLEM STATEME2NT
A. ~istory of Legislatioq
The movement to preserve the Big Cypress Area began in 1968, whet
the Dada County Fort Authority announced plans to build a 39 square
mile Jetport, on the eastern edge of the Big Cypress Swamp, 6 miles
north of Everglades National Park. Public concern over the location
gf the Jetport and the surrounding development that would occur led
to the Everglades Jetport Pact of 1970, an agreement between the
U.S. Department of Transportation, the U.S. Department of Interior,
Dada County Fort Authority and the State of Florida, whereby the
Jetport would be moved to an alffernate site. The single runway
training strip~ already constructed by the time the agreement was
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signed, could o~erate without ~ny expansion until the alternate mite
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wag..selected. Pursuant to the agreement, the U.S. Department of
Interior agree~ to undertaks the planning, development and coordin-
ation of an ecological study of the Big Cypress region, including
its hydrology. Under this agreement the Department would also
provide recommendations for uses of the Big Cypress Swamp which
would be consistent with the preservation and protection of the
environment and ecosystems of the Everglades National Park, the
water ~upply of the affected communities, and the marine resources
of dependent estuaries. The Jetport controversy focused concern on
the natural resources of the Big Cypress Swamp and prompted tbs
passage of State a~d Feleral legislation designed to protect the
area.
The Florida Environmental Land and Water Management Act of 1972,
(Chapter 380.05, Florid~ Statutes) established procedures for the
designation of areas eontaining environmental or natural resources
of regional or statewtde importance as areas of critical state
concern. The Big Cypress Area was so designated by the Florida
legislature with the pass,age of the Big Cypress Conservation Act of
1973 (Chapter 73-131Law~ of Florida, & Chapter 380.055 F.S.). This
act set the boundaries of the Critical Area and established the
process for developing land regulations to govern the area. In
addition, this Act appropriated $40 million as the State's contri-
bution for acquisition of lands within the Federal Big Cypress
National Preserve. As designated, the Area of Critical State
Concern includes the Federal Big Cypress National Preserve, and
contiguous land and water areas which are ecologically linked with
the Everglades National Park, estuarine fisheries of South Florida,
and the freshwater a~uifer of South Florida.
The Federal Big Cypress National Preserve was established ~n 1974
by Public Law 93-440 to ensura the preservation, conservation and
protection of the vatural, scenic, hydrologic, floral, faunal and
recreational values of the Big Cypress ~atershed. Approximately,,
$116 million dollars were appropriated'for acquisition of la~s
within the Preserve. The National Preserve protects ~ significant
portion of the designated Area of Critical State Concern from land
development. The boundaries of the Big ~ypress National Preserve
and the Area of Critical State Concern are iljustrated on Map 1.
During the 1983 Legislative Session several amendments were p~ed
which affected local governments within designated areas of critical
state concern. House Bill 359 amended both Chapters 380 and 163
Florida Statutes. Under this new law the Florida Department of
Community Affairs (DCA), acting as the state land planning agency,
must approve portions of the Comprehensive Plan and land development
regulations for any local government area which lies within an area
of critical state concern. Regulation approval applies only to the
area which lies within ~he designated critical area. In addition,
any local government which lies within an area of critical state
concern and which has previously adopted a local government compre-
hensive plan pursuant to Chapter 163, F.S. must bring the plan
and land development tabulations into conformance with the prin.-
ciples for guiding development within the area of critica~, stat~;
concern. If the local government fails to submit the required
documents, or if the re~ulations or plan submitted do not comply
with the principles for guidihg development in an area of critical
state concern, the DCA ~ay submit to the Administration Comission
land development reg~la~ions and a comprehensive plan that are
applicable to the critical area. In compliance with this recent
legislation the Big Cypress' Area of Critical State Concern Element
has been included in the Comprehensive Plan of Collier County.
Description of the BiS Cypress Area of Critical State Concern
The Big Cypress Area' of Critic&l State Concern contains lands in
Collier, Dads and Monroe counties. The official boundaries of the
Critical Area are depicted on Map' 1. Approximately 931,000 acre~
are contained an the Critical Area. Of this total, 778,200 acre~
are located within Collier County.
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A la, ge proportion of the Critical Area within Collier County is
under government ownership. The aforementioned Big Cypress National
Preserve makes up approximately 570,000 acres of which 422,000
acres are located in Collier County. In addition, the State of
Florida's Fahkahatchee Strand Preserve contains approximately 60,000
acres. These two Preserves make up 68% of the Critical Area;
approximately 225,000 acre~ ara held in private ownership. For more
information regarding the Fakahatchee and Big Cypress Preserves,
please refer to the Future Land Use Element.
Demographic Statistics
There are three centers of population within the Critical Area.
They are Everglades City, Ochopee, and Copeland. The existing
dwelling units and population for these areas are presented below:
5
IM~
HENDRY CO.
1-75
MAP I
RANGE
~8 MIll-
0 ~. 4 6 8 ¥il~l
26 J 27 I
BIG CYPRESS AREA OF CRITICAL STATE CONCERN BOUNDARY
AS AMENDED.
COLLIER COUNTY BOUNDARY
BIG CYPRESS NATIONAL PRESERVE
IDENTIFIED TOWNS EXCLUDED FROM AREA OF CRITICAL
STATE CONCERN
---- I
TABLE I
EXISTING DW~LLINC UNITS & POPULATION
A~RIL I, 1982
,DWELLING UNITS POPULATION
Ochopee
Copeland
Everglades City
104 204
165 421
292 549
It must be noted that Everglades City and Ochopee are exempt frou
the Critical Area requirements. Outside of the population centers,
the critical area is sparsely populated. The April 1, 1982 popula-
tion estate is approximately 1,678.
~..ot.ls.: Topograph'y & Water ResoU,rces
So./._ls and Topography
Land. in the Ar~a of Critical State Concern is generally low lying,
poorly drained,, sand and limestone flatland. Soils are predomin-
antly fine sands over limestone, ~mrl, or sandy marls, with varying
amounts of organic matter such as muck, humus, or peat interspersed
witht~ or overlyin$ the san~,~¢o~.,m~rls, The elevation of the region
ranges from mean sea level to thirty (30) feet; however, most of the
region is below fifteen (15) feet in elevation. The Area of Criti-
cal Sta~e Concern is characterized by minimal downward slope (be-
tween .2 and .5 foot per mile north to south and .3 foot per mile
ess= to wes=), and' extensive areas of standing or slowly moving
surface water during the wet season. 'In addition, much of the land
is of limited value for development because it consists of lower
lying wetlands including swamps, marshes, strands and sloughs.
Groundwater
The shallow aquifer of the Tamiami geological formation underlies
most of the Big Cypress Area extending slightly north into Hendry
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and Lee Counties. The water is hard, high in calcium bicarbonite,
and of good quality; yet some salt water intrusion occurs inland of
coastal areas during dry years. This aquifer is the primary source
of potable groundwater for urban and agricultural uses in the Big
Cypress Ares. Generally, the aquifer depth is greatest at the coast
and becomes more narrow to the northeast, east and southwest forming
a constrictive wedge at the Dada and Broward County lines, It is
underlain by materials of low permeability which acts as the con-
fining upper layer of the underlying Florida Aqaifer, This shallow
aquifer comes to the surface in many places in the Area of Critical
State Concern..
The shallow aquifer is recharged primarily by percolation from
rainfall. During the rainy season the aquifer and overl~iffg soils
become saturated and the water level reaches the land surface. At
that time up to 90% cf the Area of Critical State Concern becomes
innundated and overland sheet flow results; .,
Surface Water "-~.
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Surface water is produce~ by seasonally heavy rainfall, shallow
aquifer seepage, and outflow from the d~eper Floridtan ~quifer.
Much of the surface water ia held in Pamlico Sand formation and
collects in shallow depressions called sloughs or strands. Overflow
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from this region occurs as slowly moving sheet flow toward~'~he
southwest.
Climate, Ve~etation, & Wildlife
The area's subtropical climate is characterized by long, warm and
wet summers and short, mild and dry winters. The wet season begins
in May with the heaviest rains occurring between July and October.
Little precipitation occurs during the dry season which extends
from November to April, Rainfall averages 53 inches per year, Much
of the Area of Critical State Concern has water on the soil surface
for as long as four to six months after seasonal rains cease. This
prolonged hydroperiod is caused in part by slow natural drainage and
reduced evaporation during ~he cooler winter m~nths. The receasion
rate of standing water has been documented to be approximately .02
feet per day. Surface flow velocities range from 0 to 1,500 feet
per day.
The Area of Critical State Concern is characterized by diverse
vegetative patterns and abundant wildlife. The distribution of
vegetation and wildlife is largely a result of differences in
elevation, soil type ann"water level. Eight ml.Jor plant communities
have been identified within the Area of Critical State Concern: 1)
~lne Forests, 2) Hammock Forests, 3) Inland Swamps, Cypress and Bay
Tree Forest, 4) Mangrove Swamp Forests, 5) Freshwater Marshes, 6)
Saltwater Marshes and Salt or Brackish Water Prairies, 7) Wet
Prairies, and 8) Dry ~rairies. At least 17 of the resident wildlife
species are classified by the United States Fish and Wildlife
Service as threatened, rare or endangered, including: the American
Crocodile, Wood' Stork, Evergl.ades Kite, Southern Bald Eagle, Cape
S~e Sparrow, Red-Cockaded Woodpecker, Florida Panther, Florida
Black Bear and 'Florida Otter. Approximately 30-40 plant species in
the Area of Critical State Concern are listed as rare, endangered or
threatened, including most native orchids, some bromeliads, silver
thatch and royal palms, and many hammock or pineland associated
plants such as tree cactus and coontie. Please refer to the Natural
'~esources Element for additional information on the native habitats
and environmental characteristics of Collier County.
Relationship to Other Elements of the Comprehensive Plan
Although all elements of the Comprehensive Plan apply to the Big
Cypress Area, the Land Use, Transportation, ~atural Resources and
Intergovernmental Coordination Elements directly influence land use
activities and resource management in the Area of Critical State
Concern.
Land Use Element
The Area of Critical State Conce~rn has five land use designa-
ciGna within its boundaries: Urban, Vested Area~ Parks and
Preserves, Coastal ResoUrce Hanagement and Recreation Area
(CRMRA), and Rural. The Land Use Element contains a "Future
Land Use Map" that depicts the 8eneral location of these land
use categories. Map 2 iljustrates the land use designations
located within the Critical Area boundaries. The Urban
designation applies to the areas of Copeland and Port of the
Islands. This designation will permit these communities to
develop as they have in the past, with a mix of residential
and limited comercial uses. Everglade!, City, which is an
incorporated municipality, has adopted a comprehensive plan
which governs its lznd use. (See pg. 8, FurOre Land Use Ele-
ment).
The Vested Areas designate lands which are already subdivided
into rural residential lots. The Vested Areas essentially
..
consist of the Golden Gate Estates,Subdivision. Within the..
Critical Area boundary approximafely 7 square miles are
designa~ed as Vested Area. The zoning classification is
Estates, which permt~.s i single family dwelling unit per 2k
acres. (See pg. 16, Future Land Use E~lement).
"~
The Parks and PreNerves Land 0se Category encompasses lands of
25 acres or more managed for the preservation of specific
natural features and for public activities that are .compatible
with the overall goal of natural resource protection and
maintenance. The Parks and Preserves lands designated within
the Area of Critical State Concern includes the Big Cypress
National Preserve and the Fakahatchee Strand State Preserve.
The Big Cypress National Preserve consists of ~22,000 acres in
the eastern part of Collier County. The Fakahatchee Strand
State Preserve is approximately 20 miles long and 3 to 5 miles
wide and contains 60,000 acres. Land uses permitted within
this category are those that are allowed by the regulatory
agency which manages the designated areas. Private land bold-
MAP OF
COLLIER COUNTY
FLORIDA r---n .
_.,~,? ,'.~- ..
J~
MAP 2
LAND USE DESIGNATIONS
WITHIN THE AREA OF
CRITICAL STATE CONCERN
k
COASTAL RESOURCE MANAGEMENT/RECREATION AREA
URBAN
INCORPORATED AREA (EVERGLADES CI~)
RURAL
AREA OF CRITICAL STATE CONCERN
ings exist within both the Federal Preserve and the Fakahatchee
Strand. These in-holdin8s have the same land use as those
adjacent lands not designated as Parks and Preserves. (See
pg. 20 & 21, Future Land Use Element). The State of Florida is
currently in the process of acquiring private in-holdings
within the boundarieg of the Fakahatchee Strand State Preserve.
The Coastal Resource Management and Recreation Area (CRMRA)
land use designation applies to those undeveloped coastal
portions of the Area of Critical State Concern. The Coastal
Zone, important for flood protection, biomass production,
fisheries reproduction and water quality enhancement, is an
area where development and land alteration activities are
subject to stringent Federal, State and Courty environmental
review. The zoning classification is Agricultural and Agricul-
rural, Special Treatment Overlay District, which permits
maximum densities of 1 unit per 5 ac~es and only those activ-..
ities that will not alter or inierfere wi~ the inherAt
ecological characteristics of the area. (See'pg. 23 & 24,
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Future Land Use ElemeL~t).
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The remainder of the Area of Critical State Concern is desig-
nated as Rural on'.'the Future ~and Use Map. The Rural designa-
tion applies to those lands in the more remote portions o~'~he
county that are less suited for urbanization. The zoning
classification is Agricultural and Agricultural, Special
Treatment Overlay District with maximum allowable densities of
i unit per 5 acres. In addition, certain non-agricultural
uses are also permitted. (See pg. 15, Future Land Use Ele-
ment).
Environmental constraints play a major role in determining
permissible land uses. An overlay showing "Areas of Environ-
mental Concern" was therefore added to the Future Land Use }~p.
Most of the Big Cypress Area of Critical State Concern is
covered by the Environmental Overlay. This Overlay provides
general information on ~ite conditions and any environmental
factors which may constrain future land use. (See pg. 24 & 25,
Future Land Use Element).
2. Transportation Element
Major highways and .Chef paved roads found within the Area of
Critical State Concern include State Roads 84 (Alligator
Alley), 92, and 29~':U.S. Highway 41 (Tamiami Trail), and County
Roads 94 (Loop Road), 839 (Turner River Road), 837 and 841
(Birdon Road), 846 (David C. Brown Highway), and 858 (Oil Well
Road). The only planned roadway improvements for the area
between 1983 and 1990 include the re-construction of S.R. 84 as
1-75, a limited access four lane roadway, from C.R. 951 to S.R.
27 in Broward County. The ~oard of County Commissioners has
indtcated~heir desire for an interchange at S.R. 29; however,
present plans approved b~ the Department of Transportation do
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not include one at this time. In addition to the paved roads
there are 'numerous t~ails chat are used for access to hunting
and fishing camps, l~iking and other recreational activities.
Natural Resources Element
The overall goal of the Natural Resources Element of the
Comprehensive Plan im to conserve and maintain the natural
resources of Collier County and their asscclated environmental
and recreational benefi:s. The Element contains a description
of the native habitats and water resources within the County
and the impae~ that development may have upon them. The
Natural Resources Element is implemented i~; two ways. On a
short term basis a thorough environmental assessment is per-
formed by the .County Environmentalist on all proposed develop-
ments. In addition, long range resource management programs
are being developed to provide a natural resources data base,
land use guidelines, and a legal basis for ensuring sound
environmental management within the County. Ail land use
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activities within the Area of Critical State Concern must be
consistent with the goals, objectives and policies set out in
the Natural Resources Element.
Intergovernmental Coordination Element
The Area of Critical SCare Concern is regulated by Federal,
State and local governmental agencies. Each governmental body
and its respective area of responsibility are described below.
Federal Government
The Army Corps of Engineers reviews all activities which affect
or modify wetlands and navigable waters. S~nce much of the
Area of Critical State Concern is wetlands, the Corps has
Jurisdiction over dredge and fill operations that occu~ there.
THe U.S. Department of the Interior, National Park Service
manages the Big Cypress National Preyerve. The Department. is',
also responsible for tbs enforcemeni of the Endangered Species
Act and the designation of critical habitat areaS;~.
State Government ~
The Department of Natural Resources (DNR) manages an extensive
system of state p'~rka, preserves and recreation areas thr~ugh-
out the State. The Fakahatchee Strand State Preserve"4nd
Collier Seminole State Park are managed by DNR and located
within or adjacent to the Area of Critical State Concern.
The Department of Environmental Regulation (DER) reviews dredge
and fill projects and other activities that affect air and
water quality. This state agency has Jurisdiction over some
portions of the Area of Critical State Concern.
The South Florida Water Management District (SFWMD) operates
and maintains the South Florida water management system and
reviews all surface water management and water withdrawal
parmit applications. Any development within the Area
Critical State Concern would be subject to this permitting
process. The Big Cypress Basin Board is a part of the S~'a
The main function of the Basin Board is to prepare proJsct
plans and specifications and to conduct studies of the wa~er
resources of Collier County. The Basin Board has no regulatot~
powers; yet reviews and manages Collier County's water
a e In Collier ~ount' th Bi C ' ' -' '
the SFWMD's water management system.
In accordance with Section 380.05 F.S., the Administrat
Commission has sst forth land development regulations (ChaP'~
-!
27F-3 F.A.C.) for the Area of Critical State Concern. Th
regulations include criteria' for site alteration, drains
transportation facilities and structure installation.
complete review of thes'p regulations is found within
.~...Implementation Section of this element.
Regional ·
The Southwest Florida Regional Planning Council (SWFRPC) a
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as the regional planning agency for Lee, Charlotte, Hend.~
Glades, Sarasota and Collier Counties. The SWFRPC is the
review agency for Developments of Regional Impact (DRI)~s
defined in Chapter 380.06 F.S. The Council reviews ~11
applications for developments above a certain threshold which
have an impact on more than one county and makes recommenda-
tions to the ~ocal governing body regarding the p
so~e projects.
Local Government
County regulations which govern activities within the Are~
Critical State Concern are lis~ed in ~able 2, In additt~
ia~d development regulations for the Ar(.a of Critical St~all
Concern as set forth in Chapter 27F-3 of the Florida Admin_~-
trative Code are administered and enforced by Collier Count,
17.
TABLE 2
COLLIER COUNTY REGULATIONS GOVERNING LAND USE AND ~E
PROTECTION OF NATURAL RESOURCES IN THE
BIG CYPRESS AREA OF CRITICAL STATE CONCERN
I. ~ounty Ordinances
No,
83-54
83-3
82-113
82-3
82-2
80-49
79-62
77-66
76-67
75-21
74-50
74-20
70-2
82-91
Short Title
Comprehensive Plan Ordinanca
Excavation Ordinance
Exotic Plant Ordinance
Exotic Fish Ordinance
Zoning Ordinance
Special Treatment
Area Regulations
Boat Dock and Boat House Ord.
Flood Plain Management Ord.
County Environmental Impact
Statement Ordinance
Amendment to Wa~r Management
Policy
Protected Tree Removal Ord.
Water Management Policy ~,
Well Ordinance
Salinity Line Ordinance
Public Right-of-Way Ord.
~rincipal Department
Planning Department
Water Menagement Dept.
Zoning Department
Water 'Management Dept.
Zoning Department
County Environmentalist
Zoning Department
Building Department .,
County ~nvtronmentali% t
Water Management Dept.
Zoning Department
Water Management Dept.
Water Management ~-pt.
Water Management Dept.
Engineering Department
II.
Other Regulations
Dredge and Fill Permit
Southern Standard Building Code
(Building Permit)
Subdivision Regulations
(including Placing)
Engineering Department
Building Department
Zoning and Engineering
Department
III. IMPLEMENTATION STRATEGY
In accordance with Section 380.05, F.S. and Chapter 73-131 Laws of
Florida, the Administration Commission instituted regulations for the Big
Cypress Area of Critical State Concern. The purpose of these regulations
is to conserve and protect the natural, environmental and economic
resources of the Big Cypress Area. Furthermore, these regulations are to
provide a land and water u,anagement system that will preserve water
quality, provide for the optimum utilization of the limited water
resources of the area, facilitate orderly and well-planned development,
and protect the health, safety and welfare of the residents of the State.
These' regulations are to be implemented through the local government's
existing admJnistrative procedures. Chapter 27F-3 of the Florida
Administrative Cod~ establish the following criteria for site alteration,
';drainage, transportation facilities, and structure installation. It also
provides for an exemption of agricultural activities and maintenance of
vested rights in property.
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A. Sfte Alteration
i. Site alteration shall be limited to 10% of the total site
;ize, and o installation of nonpermeable surfaces shall not
exceed 50% of an)' such area. However, a minimum of 2,500
square feet may be altered on any permitted site.
Except for roads, any nonpermeable surface greater than 20,000
square feet shall provide for release of surface run off,
collected or uncollected, in a manner approximating the natural
surface water flow regime of the area.
Soils exposed during site alteration shall be stabilized and
retention ponds or performance equivalent structures or systems
maintained in order to retain run off and siltation on the
construction site. Restoration of vegetation to site altera-
tion areas shall be substantially completed within 180 days
following completion of a development. Revegetation shall be
accomplished with pre-existing species or other suitable
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species except that undesirable exotic species (see list below)
shall not be replanted or propasated,
Australian pine - Casuarina equisetifolia
Bishopwood - Bischofia Javanica
Brazilian pepper (holly) - Shinus terebinthfolius
Castor bean - Ricinus communis
Common papaya - Carica papaya
Common snakeplant - Sanseviera trifasciata
Day Jessmaine - Cesttmm diurnum
Hunters robe - Raphidophora aurea
.Melaleuca (caJeput) - Melaleuca leucadendra
Queensland umbrella tree - Schefflera actinophylla
Trailing vedelia - Wedelia trilobata
4. NO mangrove trees or
or otherwise altered.
regulation include:
salt marsh grasses shall be destroyed
Plants specifically protected by this
:
Red mangrove - Rhizophora man~l~
Black mangrove - Avicennia nitida "'~.
White mangrove -.~a~uncularia racemosa
Needlerush - JuncuS roemerianus
Salt cordgrasses - S. patens, S. c~osurotdes,
S. '.~partinae, S~artina alterniflora,
Seashore saltgrass - Distichlis spicata
Fill areas and related dredge or borrow ponds shall be aligned
substantially in the direction of local surface water flows and
shall be separated from other fill areas and ponds by unaltered
areas of vegetation of comparable size. Dredge or borrow ponds
shall provide for the release of storm waters as sheet flow
from their downstream end into unaltered areas of vegetation.
Access roads to and between fill areas shall provide for the
passage of ~ater in a manner approxima~ing the natural flo~
regime and designed to accommodate the 50 year storm. Fill
,mm m ~
areas and related ponds shall not substantially retain or
divert the total flow in or to a slough or strand or signifi-
cantly impeded tidal action in any portion of the estuarine
zone, ·
6. Man-made lakes, ponds, or other containment works shall be
constructed with a maximum slope of 30 degrees to a depth
of six feet of water. WheneTer mineral extraction is completed
in new quarrying '~akea, shoreline sloping, revegetation and
disposal of spoils or tailings shall be completed before
abandonment. Existing quarrying lakes are exempt from this
provision, except that whenever any person carries out any
activity defined in Section 380.04, Florida Statutes, as
development or applies for a development permit as defined
Section 380.031, Florida StAtutes, to develop any existing
quarrying 4ake area, these regulations shall apply.
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7.~.. Finger canals shell not be constructed in the Critical Area.
8. This rule ,shall not apply to site alterations undertaken in
connection with the agricultural use of land or for the conver-
sion of land to agricultural use.
Drainage
1. Existing drainage facilities shall not be modified so as to
discharge water to any coastal waters, either directly or
through existing drainage facilities. Existing drainage
facilities shall not be expanded in capacity or length except
in conformance~ith paragraph (2) below; however, modifications
may be made to existing facilities that will raise the ground
water table or limit salt water intrusion.
New drainage facilities shall release water in a manner ap-
proximating the natural local surface flow regime, through a
spreader pond or performance equivalent structure or system,
19
either on site or to a natural retention, or natural filtration
and flow area. New drainage facilities shell also maintain a
ground water level sufficient to protect wetland vegetation
through the use of weirs or performance equivalent structures
or systems. Said facilities shall not retain, divert, or
otherwise block or channel the naturally occurring flows in a
strand, slough or estuarina area.
3. New drainage facilities shall not discharge water to any
coastal waters either directly or through existing drainage
facilities.
4. This rule shall not apply to drainage facilities modified
or constructed in order to use land for agricultural purposes
or to convert land to such use.
C. Transportation
Transportation facilities which would retain, divert or other-
wise block surface water flows shall provid~ '~or the re-
\.
establishment of sheSt flow through the use of interceptor
\
spreader systems or performance equiv,a~lent structures and shall
provide for passage of stream, strand or slough waters through
the use of bridges, culvertsf"piling construction or perform-
ance equivalent structures or systems. Channeltzatton of such
areas shall be the minimum length necessary to maintain reason-
able flow and prevent weed blockage.
Transportation facilities, constructed substantially parallel
to tbs local surface flow, shall maintain a ground water level
sufficient to protect wetland vegetation through the use of
weirs or performance equivalent structures or systems and as
feasible, the flows in such works shall be released to natural
retention filtration and flow areas.
Transportation facility construction sites shall provide for
siltation and runoff control through the use of settling ponds,
soil fixing or performance equivalent structures or systems.
Structure Installation
1. Placement of structures shall be accomplished in a manner
that will not adversely affect surface water flow or tidal
action.
2. Minimum lowest floor elevation permitted for structures shall
be at or above the 100 year flood level, as established by the
Administrator of the Federal Flood Insurance Administration.
The construction of any structure shall meet additional Federal
Flood Insurance Land Management and Use Criteria (24 CFR 1910),
as administered by the appropriate local agency.
£
3. This rule ~hall not appl~ to structures used or intended for
~. use in connection with the agricultural use of the land.
Chapter 27F-3, F.A~C. states that all land development regulations
adopted by the Administration Commission under Section 380.05, F.S.
and 73-131, Laws of Florida, shall be administered by the local govern-
ment. The inclusion of the state regulations within this Element of the
Comprehensive Plan makes them a part of Collier County's land development
regulations Any future land use activities proposed for the Area of
Critical State Concern shall be reviewed by the Division of Community
Development for compliance with the Comprehensive Plan.
BIG CYPRESS AREA OF CRITICAL STATE GONCERN £LE~T
GOALS, OBJECTIVES & POLICIES
COAL
To conserve, protect, and restore the natural resources of the Big
Cypress Area of Critical State Concern.
OBJECTIVE 1
The conservation and protection of the water resources of the Big Cypress
Area of Critical State Concern.
POLICIES
A. Maintain the natural surface water flow pattetms and .discourage
activities that would alter Water flow over the historic natural
levels.
B. Protect aquifer recharge areas and prevent activities that w~ld'
deplete groundwater resources.
C. Maintain the water quality' of surface and groundwater resources by
minimizing activities that would lead to contamination by pollutants
or the intrusion of sal~ water.
OBJECTIVE 2
The conservation, maintenance, and restoration of the native ~abitats of
the Big Cypress Area of Critical State Concern and the preservation of
those habitats that are unique and/or incompatible with human use.
POLICIES
A. Preserve naturally vegetated areas for the support of native fish
and wildlife and for their ability to slow surface water flow,
recharge aquifers, and absorb pollutants.
Protect freshwater marshes and swamp forests for water storage and
species diversity.
Preserve coastal mangrove forests' and salt marshes for biomas8
production including fisheries.
OBJECTIVE 3
The protection of the native vegetation communities and the fish and
wildlife resources of the Big Cypress Area of Critical State Concern.
POLICIES
A. Protect native vegetati6~, fish and wildlife through the maintenance
of the natural hydroperiod and surface water flow regimes.
B. Discourage those activities that would result in the removal of
significant amounts of overstory and/or understory vegetation.
.~'
C. Protect the rare, endangered, a~d threatened species of plants
\ and animals ar~ the habitats on which they depend for survival.
\
D. P~bit the introduction and encourage the removal of exotic
nuisance plant ~nd animal species.
~ OBJECTIVE 4
The design and implementation of a coordinated Federal, State, and Local
land and water resource management program to protect the resources of
the Big Cypress Area of Critical State Concern.
POLICIES
A. Establish lines of co~unication between Collier County and ali
State and Federal Agencies involved in land planning and resource
management in the Big Cypress Area of Critical State Concern.
Encourage and participate in long range resource management planning
by Federal, State, and Local agencies having Jurisdiction within the
Big Cypress Area of Critical State Concern.
23
Implement local government procedures to ensure that all activities
proposed for the Big Cypress Area of Critical State Concern are
reviewod for compliance vith the Critical Area Regulations and tha
Goals, Objectives, and Policies of this element.
SECTION THREE:
This Ordinance shall become effective upon notice
that it has been
received by the Office of Secretary of State.
DATE: October 22, 1985 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST: BY:
WILLIAM J. REAGAN, CLERX
FRED£yCK 'J.' 90SS, CHAIRMAN
This ordinance filed with the
Secretc~/of Sj.cte's Office 1he
and ocknow'ed~ement'of thot
fi'in~ re~}'eived ,~s~=l~ dgy
~t:|:1~:" of , ~' '
~NETH B. C~L~, ~
ASSIST~T CO~ A~ '
.%
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby ceritfy that the foregoing is a
true original of:
ORDINANCE NO. ~5-6~'~
which was adopted by the Board of County Commissioners during Regular Session
on the 22nd day of October, 1985.
WITNESS my hand and the official seal of the Board of County Commissioners
of Collier County, Florida, this 22nd day of October, 1985.
WILLIAM J. REAGAN ~'~ ...... ~"-.~'i
Cl~rk of Courts an4/,~l.e~k~.'r:,';'>':./"
Ex-Officio to Baor~i~. '~,~,, ", '::'""l"(t.:
County Commissioners.:
Virgiq~ Magri, D'~p '~y'~rk. "\'
Ail that certain lot, piece or parcel of land situated lying and being in
Collier, Dada and Honroe Countias in the State of Florida being more
particularly bounded and described as follows:
Beginning at a point in the Northerly right-of-way line of State
Road 84 (Alligator Alley), which point is the Southwest corner of Station
36 in Township 49 South, Range 28 East and running thence
(I) Turning and running North along the West line of Sections 36,
25, 24 and 13 in Township 49 South, Range 28 East, a distance of four
miles; thence
(2) Turning and running East along the Northerly line of Section
13, Township 49 South, Range 28 East and Section 18, Township 49 South,
Range 29 East, a distance of'~wo miles, thence
(3) Turning and running North along the Westerly line of Sections 8
and 5.in Township 49 South, Range 29 East, a distance of two miles;
thence
(4) Turning and running East along the Northerly line of Sections
5, 4 and 3 in Township 49 South, Range 29 East, a distance of three
miles; thence
¥ (5) Turning and running North along, the West line of Sections 35 and
'26 in Township 48 South, Raffge 29 East,'a distance of two miles; thence
~ (6) Turning and. running East along the North line of Sections 26
and 25 in Township 48 South, Range 29 East and continuing East along the
North line of Sections 30 and 29 in Township 48 South, Range 30 East
to the point of inter'section with t~ Easterly right-of-way line of
State Rpad 29; thence
(7) Turning and. running North along the East right-of-way line of
State Road 29 to a point which point is the Northwest corner of Section
29 in Township 47 South, Range 30 East; thence
(8) Continuing North along the West line of Sections 20, 17, 8 and 5
in Township 47 South, Range 30 East, and..still'North along the West line
of Sections 32, 29, 20, 17 and 8 in Township 46 South, Range 30 East, a
distance of nine miles; thence
(9) Turning and running East along the North line of Sections 8, 9,
10', fl and 12 in Township 46 South, Range 30 East, a distance of five
miles to the Hendry County line; thence
(10) Turning and running South along the boundary line between
Hendry and Cbllier counties which line is also the boundary line between
Ranges 30 and 31 East, a distance of seventeen miles, thence
(11) Turning and running East along the Hendry and Collier County
boundary line, which lin~ is slso the boundary line between Townships 48
and 49 South, Range 31 East, a distance of four miles; thence
(12) Turning and running South along the East line of Sections 3
and 10 in Township 49 South, Range 31 East, a distance of two miles;
thence
(13) Turning and ru~ning East along the North line of Section 14 in
Township 49 South, Range 31 East, a distance of one mile; thence
(14) Turning and running South along the East line of Section 14 in
Township 49 South, Range 31 East, a distance of one mile; thence
27
(15) Turning and running Eaat'hlong the ~orth line of Section 24 in
To~rnship 49 South, Range 31Enet a~d Section 19 in Township 49 South,
Range 32 East, a distance of two miles; thence
(16) Turning and running South along the East line of Sections 19,
30 and 31 in Township 49 South, Range 32 Enat to the point of
intersection with the Southerly right-of-way line of State Road 86
(Alligator Alley); thence
(17) Turning and running Eaat along the Southerly right-of-way line
of State Road 84 (Alligator Alley) to its point of intersection with the
Westerly right-of-way line of Canal L-28 a distance of sixteen miles more
or less; thence
(18) Turning and running Southeasterly along the Southerly
right-of-way line of Canal L-28 to its point of intersection with the
boundary line between Collier and Broward Counties; thence
(19) Turning and running South along the Collier and Broward
Counties line to a point which point ia the point of intersection of
Broward, Collier and Dade Counties on the boundary line between Townships
51 and 52 South, a distance of eleven miles; thence
(20) Turning and running East along the Broward and Dade Counties
boundary line, which line is also the boundary line between Townships 51
and 52 South to the point of intersection with the Westerly rig~t-of-way
line of the Central and Southern Florida Flood Control District Ldvee
L-25; thence
(21) Turning and running South in Dade County along the Westerly
right-of-way line of Levee L-28 to its point of intersection with the
Southerly right-of-way line of Tamiami Trail (U.S. Route 41, State
Road 90); thence
(22) Along the Southerly right-of-way lin~ of Tamiam~-Trail (U.S.
41, State Road 90) in a Southeasterly direction-to its point of
intersection with the North right-of-way line of State Road-~4; thence
\.
(23) Turning and running W~st along State Road 94 to its point of
intersection with the Northwest ~orner of Everglades National Park in
Dade County which point is in the'Northwest cor~er of Section 20 i~n
Township 54 South, Range 35 East; thence
(24) In a Southerly, W~terly and Northerly direction along the
boundary of Everglades Natibhal Park to %he point which is the Western
most point of the Everglades National Park adjacent to Round Key of ~he
Ten Thousand Islands in Gullivan Bay; thence
(25) On a line in a Westerly direction one mile seaward of the most
Southerly of the Ten Thousand Islands to a point, which point is the
Southeastern tip of Cape Romano; in Section 15, Tow~ship 53 South, Range
26 East; thence
(26) Turning and running Northwesterly along the West shore of
Morgan Beach to a point in the South side of Caxambas Pass, which point
is the northeast corner of Section.32 in Township 52 South, Range 26
East; thence
(27) In an easterly direction across Caxambas Pass and Caxambaa Bay
to a point, which point is the most Southwest land portion of Horr Island
and continuing Easterly and Northerly along the mean high water line of
Horr Island to a point, which point is the most East Northeast land
portion of Horr Island and continuing in a Northerly direction to a
point in the mean high water line at Goodland on Marco Island, which
point is the Southeast corner of Section 24 in Town~hip 52 South, Range
26 East, and continuing along the mean high water line of the South and
East shore of Goodland to a point, which point is the point of
intersection of the South right-of-way line of State Road 92 with the
East shore of Marco Island; thence
(28) In a Northeasterly direction along the South right-of-way line
of State Road 92 to its point of intersection with the West line of
Section 33 in T~wnship 51 South, Range 27 East; thence
(29) Turning and running South along the West line of Section 33 in
Township 51 South, Range 27 East; thence
(30) Still South along the West line of Sections 4, 9 and 16 in
Township 52 South, Range 27 East, a distance of three miles; thence
(31) Turning and running East along the South line of Section 16 in
Township 52 South, Range 27 East, a distance of one mile; thence
(32) Turning and running North along the East line of Section 16 in
Township 52 South, Range 27 East, a distance of one mile; thence
(33) Turning and runnin~ East along the South line of Section 10 in
Township 52 South, Range 27 East, a distance of one mile; thence
(34) Turning
and 2 in Township
thence
and running North along the West line of Sections 11
52 South, Range 27 ~ast, a distance of two miles;
(35) Turning and running East along the boundary line between
Townships 51 and 52 South, which line is also the South line of Section
'~'35, in Township 51 South, Range 27 East, a distance of one mile; thence
(36) Turning and running North alo~~ the East line of Sections 35
and 26 in Township 51 South, Range 27 East, a distance of two miles;
thence
~ (37) Turning and running East 'along the North line of Section 25 in
Township 51 South, Rahge 27 East and.the North line of Sections 30, 29,
28, 27 and 26 in Township 51 South, Range 28 East, a distance of six
miles; ~b~nce
(38).Turning an~ running North along the West line of Sections 24,
13, 12 and.1 in Township 51 South, Range 28 East and North along the
West line of Section~ 36, 25, 24, 13, 12 and I in Township 50 South,
Range 28 East, a distance of ten miles to the point or place of
beginning.
And that area as amended by the Florida Legislature, Chapter
380.055, Florida Statues, effectiva July 1, 1985, described aa follows:
iecttons 1, 2, 11, 12 and 13 in Township 49 South, Range 31 East;
and Township 49 South, Range 32 East, less Sections 19, 30 and 31; and
Township 49 South, Range 33 East; and Township 49 South, Range 34 East;
and Sections 1 through 5 and 10 through 14 in Township 50 South, Range
32 East; and Sections 1 through 18 and 20 through 2.5 in Township 50
South, Range 33 East; and Township 50 South, Range 34 East, less Section
31; and Sections I and 2 in Township 51 South, Range 34 East; all in
Collier County, Florida, which described area shall be known as the "Big
Cypress National Preserv~ Addition, Florida".
Specifically exempting herefrom the following described urban
areas:
(a) The unincorporated areas of Ochopee being more particularly
bounded and described as follows:
All that certain lot, piece or parcel of ground situate lying and
being in Collier County, State of Florida, consisting of Sections 27,
28, 33 and 34 in Township 52 South, Range 30 East.
' (b)
being in
Sections
The incorporated areas of Everglades City situate lying and
Collier County, State of Florida, consisting of portions of
11, 14, 15 and 23 in Township 53 South, Range 29 East.
ACSC O=dinance
BIG CYPRESS AREA OF 6'~ITICAL STATE CONCERN ELEMENT
I. INTRODUCTION
The Florida Environmental Land and ~a~er Management Act of 1972 (Chapter
380, Florida Statutes) established the p~ocedure for designating and
administering development regulations for "Areas of Critical State
Concern". As outlined in the Act, designation was to be limited to areas
containing environmental and natural resources of regional, statewide and
national importance. In 1973, the state legislature designated the Big
Cypress Area as an area of critical state concern with the passage of the
Big Cypress Conservation Act, This Act set the boundaries of the Big
Cypress Area of Critical State Concern and authorized the state land
planning agency to submit land development regulations applicable to the
area. Recent amendments to Chapter 380 and Chapter 163 '{The Local
Government Comprehensive Planning Act), have provided for state review
and approval of portions of local regulations and comprehensive plans
applicable to areas of critical state concern. Due to these recent
legislative changes the Big Cypress Area of Critical State Concern
Element bas been included in tbs Collier County Comprehensive Plan.
This Element is divided into three sectiong: Introduction; Setting'
and Problem Statement; and Implementation Strategy. T~le Introduction
provides a brief description of the legislation creating the Area of
Critical State Concern and a general overview of the e~ement. The
Setting &nd Problem Statement section reviews the pertinent, legislation
governing tbs area and describes the area's demography,' topography,
soils, climate and vegetation. '-This section also discusses the relation-
ship of the Big Cypress Element to the Land Use Element, Tran~p6rtation
Element, Natural Resources Element and Intergovernmental Coordination
Element. The last section, Implementation Strategy, describes the regula-
tions which govern future land development and outlines Collier County's
plans for implementing tb6se regulations for the protection of. the
resources in the Area of Critical State C'oncern. -~
II. SETTINC AND PROBLEM STATEMENT
A. ~lstory of Legislation
THe movement to preserve the Big Cypress Area began in .1968, when
the Dads County Port Authority announced plans to build a 39 square
mile Jetport, on tbs eastern edge of the Big Cypress Swamp, 6 miles
north of Everglades National Park. Public concern over the location
of tbs Jetport and the surrounding development that would occur led
to the Everglades Jetport Pact of 1970, an agreement between the
U.S. Department of Transportation, the U.S. Department of Interior,
Dads County Port Authority and the State of Florida, whereby the
Jetport would be moved to an alternate site. The single runway
training strip, already constructed by the time tbs agreement was
signed, could operate without any expansion until the alternate site
was selected. Pursuant to t~ 'agreement, the U.S. Department of
Interior agreed to undertake the planning, development and coordin-
ation of an ecological study of the Big Cypre~;s region, including
its hydrology. Under this agreement the Department would also
provide recommendations for uses of the Big Cypress Swamp which
would be consistent with the preservation an,/ protection of the
environment and ecosystems 'of the Everglades National Park, the
water supply of the affected communities, and the marine resources
of dependent estuaries. The Jetport controversy focused concern on
the natural resources of the Big Cypress Swamp and prompted the
~assage of State and Federal legislation designed to protect the
area,
The Florida Environmental Land and Water Management Act of 1972,
(Chapter 380.05, Florida Statutes) establisheC procedures for the
designation of areas containing environmental or natural resources
of regional or sratewide importance as areas of critical state
concern. The Big Cy~esa Area w~s so designated by the Florida
legislature with the passage of the Big Cypress Conservation Act of
1973 (Chapter 73-131 Laws of Florida, & Chapter 380.055 F.S.). This
act set the bqhndaries of the Critical Area and established the
process for developing land regulations to govern the area. In
addition, this Act appropriate~ $40 million as the State's c..ntri-
bution for acquisition of lahds within the Federal Big Cypress
National Preserve. As designated, the Area of Critical State
ConCern includes the Federal Big Cypress National Preserve, and
contiguous lan~ and water areas which are ecologically linked with
the E~erglades National Park, estuarine fisheries of South Florida,
and the freshwater aquifer of South Florida.
The Federal Big Cypress National Preserve was established in 1974
by Public Law 93-440 to ensure the preservation, conservation and
protection of the natural, scenic, hydrologic, floral, faunal and
recreational values of the Big Cypress Water~;hed. Approximately
$116 million dollars were appropriated for ~cquisition of lands
~ithin the Preserve. The National Preserve protects a significant
fiortion of the designated Area of Critical State Concern from land
development. The boundaries of the Big Cypress National Preserve
and the Area of Critical State Concern are iljustrated on Map 1.
During the 1983 Legislative Session several amendments were passed
which affected local governments within designated areas of critical
state concern. House Bill 359 amended both ¢~apters 380 and 163
Florida Statutes. Under this new law the Florida Department of
Community Affairs (DCA), acting as the state land planning agency,
must approve portions of the Comprehensive Plan and land development
regulations for any local government area which lies within an area
of critical state concern. Regulation approval applies only to the
area which lies within the designated critical area. In addition,
any local government which lies within an area of critical state
concern and which has previously adopted a local government compre-
hensive plan pursuant to Chapter 163, F.S. must bring the plan
and land development regulations into c~nf0rmance with the prin-
ciples for guiding development within the area of critical state
concern. If the local government fails to submit the required
documents, or if the regulations or plan submitted do not comply
with the principles for guiding development in an area of critical
state concern, the DCA may submit to the Administration Commission
land development regulations and a comprehensive plan that are
applicable to the critical area. In compliance with this recent
legislation the Big Cypress Area of Critical State Concern Element
has been included in the Comprehensive Plan of Collier County.
B. Description of the Bi~ C~press Area of' Critical State Concern
The Big Cypress Area of Critical State Concern contains lands in
Collier, Dada and Monroe counties. The official boundaries of the
Critical Area are depicted on Map i. Approximately 931,000 acres
are contained in the Critical Area. Of this total, 778,200 acres
are located within Collier County.
A large proportion of the Critical Area withi~ Collier. County is
under government ownership. The aforementioned 5ig Cypress National
Preserve makes up approximately 570,000 acres of which 422,000
acres are located in Collier County. In addition, the State of
Florida's Fahkahatchee Strand Preserve contains approximately 60,000
acres. These two Preserves make up 68% of the Critical Area;
approximately 225,000 acres are held in private ownership. For ~ore
information regarding the Fakahatchea and Big Cypress Preserv. es,"
please refer to the Future Land Use ElemeDt. -
Demographic Statistics
There are three centers of .population within the Critical A~ea.
They are Everglades City[ Ochopee, and. Copeland. The existing
dwelling units and population for these areas are presente~ below:
EXISTING DWELLING UNIT~ & POPULATION
APRIL l~ 1982
DWELLING UNITS
POPULATION
Ochopee 104 204
Copeland 165 421
Everglades City 292 549
It must be noted that Everglades City and Ochopee are exempt from
the Critical Area requirements. Outside of the population centers,
the critical area is spariely populated. The April 1, 1982 popula-
tion estimate is approximately 1,678.
C. Soils, Topo~ra?hy & Water Resources
Soils and Topography
Land in the Area of Critical State Concern is generally low lying,
poorly drained, sand and limestone flatland. Soils are predomin-
HENDRY CO.
1-75
ISLAN[
MAP I
.. ~8 Miles
0 g 4. 6 8 Miles
~N~E I 2e I 27 I
BIG CYPRESS AREA OF CRITICAL STATE CONCERN BOUNDARY
AS AMENDED.
COLLIER COUNTY BOUNDARY
BI(; CYPRESS NATIONAL PRESERVE
IDENTIFIED TOWNG EXCLUDED FROM AREA OF CRITICAL
STATE CONCERN 4
antly fine sands over ~imestons~marl~ or sandy marls, with varying
amounts of organic matter such as muck, humus, or peat interspersed
within or overlying the sands or.~arls~ The elevation of the region
ranges from mean sea level to thirty (30) feet; ho~ever, most of the
region is below fifteen (15) feet in elevation. The Area of Criti-
cal State Concern is characterized by minimal downward slope (be-
tween .2 and .S foot per mile north to south and .3 foot per mile
east to west), and extensive areas of standing or slowly moving
surface water during the wet season. In addition, much of the land
is of limited value for development .because it consists of lower
lying wetlands including s~a~ps, marshes, strands and sloughs.
Groundwater
The shallow aquifer of the Tamiami geological formation underlies
most of the Big Cypress Area extending slightly north into Hendry
and Lee Counties. The water is hard, high in calcium bicarbonite,
and of good quality; yet some salt water intrusion occurs inland of
coastal areas during dry years. This aquifer is the prihary source
of potable groundwater for urban and agricultural uses in the Big
Cypress Area. Cenerally, the aqui£er depth is greatest at the coast
and becomes more narrow to the northeast, east and southwest forming
a constrictive wedge at the Dade and Broward County lines. It is
underlain by materials of iow permeability which acta as the con-
fining upper layer of the underlying Florida Aquifer. This shallow..
aquifer comes to the surface in many places in the Area of Critical
State Concern.
The shallow aquifer is recharged primarily by percolation from
rainfall. During the rainy season the aquifer and over.laying soils
become saturated and the Eater level reaches the land surface. At
that time up to 90~ of the Area of Critical State Concern becomes
innuudated and overland sheet flow results. ~
Surface Water
Surface water is produced by aess..onally heavy rainfall, shallow
aquifer seepage, and outflow from the deeper Floridian aquifer.
Much of the surface water is held in Pamlico Sand formation-ynd
collects in shallow depressions called sloughs or strands. Overflow
from this region occurs as slowly moving sheet flow towards the
southwest.
D. Climate, Vegetation, & Wildlife
The area's subtropical climate is characterized by long, warm and
wet summers and short, mild and dry winters. The wet season begins
in May with the heaviest rains ocgurring between July and October.
Little precipitation occurs during the dry season which extends
from November to April. Rainfall averages 53 inches per year. Much
of the Area of Critical State Concern has water on the soil surface
for as long as four to six months after seasonal rains cease. This
prolonged bydroperiod is caused in part by slow natural drainage and
reduced evaporation during the cooler winter months. The recession
rate of standing water has been documented to be approximately
feet per day. Surface flow velocities range from 0 to 1,500 feet
per day.
The Area of Critical State Concern is characterized by diverse
vegetative patterns and abundant wildlife. The distribution of
vegetation and wildli{e is largely a result of differences in
elevation, soil type and water level. Eight major plant com~unities
have been identified within the Area of Critical State Concern: 1)
Pine Forests, 2) Hammock Forests, 3) Inland Swamps, Cypress and Bay
Tree Forest, 4) Mangrove Swamp Forests, 5) Freshwater Marshes, 6)
Saltwater Marshes and Salt or Brackish Water Prairies, 7) Wet
Prairies, and 8) Dry Prairies. At least 17 of the resident wildlife
species are classified by the United States Fish and Wildlife
Service as threatened, rare or endangered, including: the American
Crocodile, Wood Stork, Everglades Kite, Southern Bald Eagle, Cape
Sable Sparrow, Red-Cockaded Woodpecker, Florida Panther, Florida
Black Bear and Florid~'.Otter. Approximately 30-40 plant species in
the Area of Critical State Concern are listed as rare, endangered or
threatened, including most native orchids, some bromeliads, silver
thatch and royal palms, and many hammock or pineland associated
plants such as tree cactus and coontie. Please refer to the Natural
Resources Element for additional information on the native habitats
and environmental cnaracteristi6e of Collier County.
Relationship to Other Elements of the Comprehensive Plan
Although all elements of the Comprehensive Plan apply to the Big
Cypress Area, t~e Land Use, Transportation, Natural Resources and
Intergovernmental Coordination Elements directly influence land use
activities and resource management in the Area of Critical State
Concer~.
I. Land Use Element
The Area of Critical State Concern has ~eu~ five land use
designations within its Loundaries: Urban, Vested Area, Parks
and Preserves, Coastal Resource Management and Recreation Area
(CRMRA), and Rural. The Land Use Element contains a "Future
Land Use Map" that depicts the general location of these land
use categories. Map 2 iljustrates the land use designations
located within the Critical Area boundaries. The Urban
designation applies to the areas of Copeland and Port of the
Islands. This designation will permit these communities to
develop as they'have in the past, with a mix of residential and
limited commercial uses. Everglades City, which is an
incorporated municipality, has adopted a comprehensive plan
which governs its land Use. (See pg. 8, F-,ture Land Use Ele-
ment).
35'
MAP OF
COLLIER COUNTY
FLORIDA
I ;
o
MAP 2
LAND USE DESIGNATIONS
WITHIN THE AREA, OF
CRITICAL STATE COhICERN
PARK 8 PRESERVES
VESTED
COASTAL RESOURCE MANAGEMENT/RECREATION AREA
URBAN
INCORPORATED AREA (EVERGLAOES CfTY)
RURAL
AREA OF CRITICAL STATE CONCERN
The Vested Areas desi~nate lands which are already subdivided
into rural residential lots. The Vested Areas essentiall~
consist of the Golden Gate Estates Subdivi~sion. Within the
Critical Area boundary approximatel~ 7 square miles are
designated as Vested Area. The zoning cla~sification is
Estates, which permits I single family dwelling unit per 2¼
acres. (See pg. 16, Future Land Use Element).
The Parks and Preserves Land Use Category encompasses lands of
25 acres or more managed for the preservation of specific
natural features and for public activities that are compatible
with the overall goal of natural resource protection and
maintenance. The Parka and Preserves lands designated within
the Area of Critical State Concern includes the Big Cypress
National Preserve and the Fakahatchee Strand State Preserve.
The Big Cypress National Preserve consists of 422,000 acres in
the eastern part *of Collier..County. The Fakahatchee Strand
State Preserve is approximately 20 miles long and 3 to 5 miles
wide and contains 60,000 acres. Land utes permitted within
this category are those that are allowed by the regulatory
agency which manages the. designated areas. Private land hold-
ings exist within both the..Federal Preserve and the Fakahatchee
Strand. These in-holdings have the same land use as those
adjacent lands not designated as Parks and Preserves. (See
pg. 20 & 21, Future Land Use Element). The State of Florida is
currently 'in the process of acquiring private in-holdings
'within the boundaries of the Fakahatchee Strand State Preserve.
The Coastal Resource Management and Recreation Area (CRMRA}
land use designation applies to those undeveloped coastal
portions of the Area of Critical State Concern. The Coastal
Zone, important for flood protection, biomass production,
fisheries reproduction and water quality enhancement, is an
area where development and land alteration activities are
subject to stringent Federal, State and County environmental
review. The zoning classification is Agricultural and Agricul-
tural, Special Tree,neat Overlay District, which permits
maximum densities of 1 unit per 5 acres and only those activ-
ities that will not alter or interfere with the inherent
ecological characteristics of the area. (See pg. 23 & 24,
Future Land Uae Element).
The :emainder of the Area of Critical' State Concern is desig-
~'ated as Rural 'on the Future Land Use Map. The Rural designa-
tion applies to those lands in the more remote portions of the
county that are less suited for urbanization. The zoning
classification is Agricultural and Agricultural, Special
Trt~atmenr Overlay District with maximum allowable densities of
1 unit per 5 acres. In addition, certain non-agricultural
uses are ~lso permitted. (See pg. 15, Future Land Usa Ele-
ment).
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Environmental constraints play a major role in determining
permissible land uses. An overlay showing "Areas of Environ-
mental Concern" was therefore add&d to the Future Land Use Map.
Most of the Big Cypress Area of Critical State Concern is
covered by the Environmental Overlay. This Overlay provides
general information on site conditions and any environmental
factors which may constrain future land use. (See pg. 24 & 25,
Future Land Use Element).
2. Transportation Element
Major highways and other paved roads found within the Area of
Critical State Concern include State Roads 84 (Alligator
Alley), 92, and 29, U.S. Highway 41 (Tamiami Trail), and County
Roads 94 (Loop Road), 839 (Turner River Road), 837 and 841
(Birdon Road), 846 (David C. Brown Highway), and 858 (Oil Well
Road). The only planned roadway improvements for the area
between 1983 and 1990 include the re-construction of'M.R. 84 as
1-75, a limited access four lane roadway, from C.R. 951 to S.R.
27 in Broward County. The Board of County Commissioners has
indicated their desire for an interchange at S.R. 29; however,
present plans approved by the Department of Transportation do
not include one at this time. In addition to the paved roads
there are numerous trails that are used for access to hunt~ng
and fishing camps, hiking and othep recreational activities."
3. Natural Resources Element
The overall goal of the Natural Resources Element of the
Comprehensive Plan is to conserve and maintain 'the natural
resources of Collier County and thei~ associated environmental
and recreational benefits. The Element contains a description
of the native habitats and water resources within the County
and the impact that development ma~ have upon them. The
Natural Resources. Element is implemented iz~ two ways. On a
short term basis~'a thorough Environmental assessment is per-
formed by the County Environmentalist on all proposed deMelop-
meats. In addition, long range resource management programs
are being developed to provide a natural resources data base,
land use guidelines, and a legal basis for ensuring sound
environmental management within the County. Ail land use
activities within the Area of Critical State Concern must be
consistent with the goals, objectives and policies set out in
the Natural Resources Element.
4. Inter$overnmental Coordination Element
The Area of Critical State 'Concern is regulated by Federal,
State and local governmental agencies. Each governmental body
and its respective area of responsibility are described below.
Federal Government
The Army Corps of Engineers reviews all activities which affect
or modify wetlands and navigable waters. Since much of the
Area of Critical State Concern is wetlands, the Corps has
Jurisdiction over' dredge and fill operations that occur
there.The U.S. Department of the Interior, National Park
Service manages the Big Cypress National Preserve. The
Department is also responsible for the enforcement of the
Endangered Species Act and the designation of critical habitat
areas.
State Government
The Department of Natural Resources (DNR) manages an extensive
system of state parks, preserves and recreation areas through-
out the Stale. ",The Fakahatchee Strand State Preserve and
Collier Seminole State Park .are managed by DNR and located
within or adjacent to the Area of Critical State Concern.
The Department of Environmental Regulation (DER) reviews dredge
and fill projects and other activities that affect air and
water quality. This sta~e agency has Jurisdiction over some
portions of the Area of Critical State Concern.
The South-Florida Water Management District (SFWMD) operates
'and maintains the South Florida water management system and
reviews al~ surface water management and water withdrawal
permit applications. Any development within the Area of
Critical State Concern would be subject to this permitting
process. The Big Cypress Basin Board is a part of the SFWMD.
The main function of the Basin Board is to prepare project
plans and specifications and to conduct studies of the water
resources of Collier County. The Basin Board has no regulatory
powers; yet reviews and manages Collier County's water re-
sources from the standpoint of surface and sub-surface drain-
age. In Collier County the Big Cypress Basin Board operates
the SFWMD's water management system.
In accordance with Section 380.05 F.S., the Administration
Commission has set forth land development regulations (Chapter
27F-3 F.A.C.) for the Area of Critical State Concern. These
regulations include criteria for site alteration, drainage,
transportation ' facilities and structure installation. A
complete review of these regulations is found within the
Implementation Section of this element.
Regional
The Southwest Florida Regional Planning Council (SWFRPC) acts
as the regional planning agency for Lee, Charlotte, Hendry,
Glades, Sarasota and Collier Counties. The SW'FRPC is the
review agency for Developments of Regional Impact (DRI) as
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defined in Chapter 380.06 F.S. ~e Council reviews all
applications for davelopment~ a~ove a certain threshold which
have an impact on more than one'county and makes recommenda-
tions to the local governing body regarding the permitting of
some projects.
Local Government
County regulations which govern activities within the Area of
Critical State Concern are listed in Table 2. In addition,
land development regulations for the Area of Critical State
Concern as set forth in Chapter 27F-3 of the Florida Adminis-
trative Code are administered and enforced by Collier County.
III. IMPLEMENTATION STRATEGY ~'
In accordance with Section 380.05, F.S. and Chapter 73-131 Laws of
Florida, the Administration Commission instituted regulations ~¢,r the Big
Cypress Area of Critical State Concern. The purpose of these re~lationa
is to conserve and protect the natural, environmental and economic
resources of the Big Cypress Area. Furthermore, these regulations' are to
provide a land and water management system that will preserve water
quality, provide for the optimum utilization of the limited water
resources of the area, facilitate orderly and well-planned development,
and protect the health, safety and welfare of t, he residents of the State."
These regulations are to be implemented through the loeal governmeneas
existing administrative procedures. Chapter 27F-3 of the Florida
Administrative Code establish tbs following criteria for site alteration,
drainage, transportation facilities, and structure installation. It also
provides for an exemption of agricultural activities and m~iintenauce of
vested rights in property.
A. Site Alteration ~ ..
1. Site alteration shall be limited to 10X of the total site
size, and insta%.~ation of ~onpermeable surfaces shall not
exceed 50Z of any such area;' However, a minimum of 2,500
square feet may be altered on any permitted site. ...
Except for roads, any nonpermeable surface greater than 20,000
square feet shall provide for release of surface run off,
collected or uncollected, in a manner approximating the natural
surface water flow regime of the area.
Soils exposed during site alteration shall be stabilized and
retention ponds or performance equivalent structures or systems
maintained in order to retain run off and siltation on the
construction site, Restoration of vegetation to site altera-
tion areas shall be substantially completed within 180 days
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PROTECTION OF NATURAL RESOURCES IN THE
BIG CYPRESS ARFA OF CRITICAL STATE CONCERN
I. County Ordinances
Short Title
83-54
83-3
82-113
82-3
82-2
80-49
79-62
77-66
76~67
75-21
?4-59
74-20.
70-2
82-91
Comprehensive Plan Ordinance
Excavation Ordinance
Exotic Plant Ordinance
Exotic Fish Ordinance
Zoning Ordinance
Special Treatment _i
Area Regulations
Boat Dock and Boat Houee Ord.
Flood~Plain Management Ord.
County Environmental' Impact
Statement Ordina~ce
Amendment to Water Management
Policy
Protected Tree Removal Ord.
Water'Management Policy
Well Ordinance
Salinity Line Ordinance
Public Right-of-Way ord.
Principal, Department
Planning Department
Water Management Dept.
Zoning Department
Water Management Dept.
Zoning Department
County Environmentalist
Zoning Department
Building Department
County Environmentalist
Water Management Dept.
Zoning Department
Water Management Dept.
Water Management Dept.
Water Management Dept.
Engineering Department
Other Regulations
Dredge and Fill Permit
Southern Standard Building Code
(Building Permit)
Subdivision Regulations
(including Plating)
Engineering Department
Building Department
Zoning and Engineering
Department
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following completion of a development. Revegetation shall be
accomplished with pre-existing species or other suitable
species except that undesirable exotic species (see list belov)
shall not be replanted or propagated.
Australian pine - Casuarina equisetifolia
Bishopvood - Bischofia Javanica
Brazilian pepper (holly) - Shinus terebinthfolius
Castor bean - Ricinus communis
Common papaya - Carica papaya
Co,on snakeplant - Sanseviera trifasciata
Day Jessamine - Cestrum diurnum
.Hunters robe - ~aphidophora aure~
Melaleuca (caJeput) - Melaleuca leucadendra
Queensland umbrella tree - $chefflera actinophylla
Trailing wedelia - Wedelia trilobata
No mangrove trees or salt marsh grasses shall be. destroyed
or otherwise altered. Plants specifically protected by this
regulation include:
Red mangrove - Rhizophora mangle
Black mangrove - Avicennia nitida
White mangrove - ~a~uncularia racemose ~
Needlerush - Juncus roemerianus ,,
Salt cordgrasses -'S. patens, S.°cynosurot~es, ~
S. spartinae, ~partini alterniflora,
Seashore saltgrass - Distichlis spicers
Fill areas and related dredge or borro~ ponds shal.l be aligned
sDbstantially in the ~iraction of local surface water flows and
shall be separated fro~ other fill areas and ponds by u~altered
areas of vegetation of iomparable size. Dredge or borrow ponds
shall provide for the release of storm waters as sheet flow
from their downstream end into unaltered areas of vegetation.
Access roads to and between fill areas shall provide for the
passage of waterl~in a manne~..approximating the natural-flow
regime and designed to accommodate the 50 year storm. ':~ill
areas and related ponds shall not substantially reta£d' or
divert the total flow in or to a slough or strand or signifi-
cantly impeded tidal action in any portion of the eatuarine
zone.
Man-made lakes, ponds, or other containment works shall be
constructed with a maximum slope of 30 degrees to a depth
of six feet of water. ~henever mineral extraction is completed
in new quarrying lakes, shoreline sloping, revegetation and
disposal of spoils or-tailings shall be completed before
abandonment. Existing quarrying lakes are exempt from this
provision, except that whenever any person carries out any
activity defined in Section 380.04, Florida Statutes, as
development or applies for a development permit as defined
Section 380.031, Florida Statutes, to develop any existing
quarrying lake area, these regulations shall apply.
7. Finger canals shall not be constructed in the Critical Area.
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'l
Bo
This rule shall not apply to site alterations undertaken in
connection with the agricultural use of land or for the conver-
sion of land to agricultural use.
Drainage
Existing drainage facilities shall not be modified so as to
discharge water to any coastal waters, either directly or
through existing drainage facilities. Existing drainage
facilities shall not be expanded in capacity or length except
in conformance with paragraph (2) below; however, modifications
may be made to existing facilities that will raise the ground
water table or limit salt water intrusion.
2. New drainage facilities shall release water in a manner ap-
proximating the natural local surface flow regime, through a
spreader pond or performance equivalent structure or system,
either on site or_to a natural .retention, or natural filtration
and flow area. N~w drainage 'facilities shall also maintain a
ground water level sufficient to protect wetland vegetation
through the use of weirs or performance equivalent structures
or system~'. Said facilities shall not retain, divert, or
otherwise block or channel the naturally occurring flows in a
strand, slot~gh or estuarine area.
3'\
· ,~. New drainage facilities shall not discharge water to any
'coastal waters either directly or through existing drainage
facilities:
This rule .shall not apply to drainage facilities modified
or constructed in order to use land for agricultural purposes
or to convert land to such use.
C. Transportation
I. Transportation facilities which would retain, divert or other-
.. wise block surface water flows shall provide .for the re-
establishment of sheet flow through the use of interceptor
spreader systems or performance equivalent structures and shall
prpvide for passage of stream, strand or slough waters through
th~ use of bridges, culverts, piling construction or perform-
ance equivalent structures or systems. Channelization of such
areas shall be the minimum length necessary to maintain reason-
able flow and prevent weed blockage.
2. Transportation 'facilities, constructed substantially parallel
to the local surface flow, shall maintain a ground water level
sufficient to protect wetland vegetation through the use of
weirs or performance equivalent structures or systems and as
feasible, the flows in such works shall be released to natural
retention filtration and flow areas.
Transportation facility construction sites shall provide for
siltation and runoff control through the use of settling ponds,
soil fixing or performance equivalent structures or systems.
De
Structure Installation
I. Placement of structures shall 6e accomplished in a manner
that will not adversely affect surface w~ter flow or tidal
action.
2. Minimum lowest floor elevation permitted for structures shall
be at or above the 100 year flood level, as established by the
Administrator of the Federal F1pod Insurance Administration.
The construction of any structure shall meet additional Federal
Flood Insurance Land Management and Use Criteria (24 CFR 1910),
as administered by the appropriate local agency.
3. This rule shall not apply to structures used or intended for
use in connection with the agricultural use of the land.
Chapter 27F-3, F.A.C. states that all land development ~egulations
adcpted by the Administration Co~aisalon under Section 380.0~, F.S.
and 73-131, Laws of Florida, shall be administered by the local govern-
ment. The inclusion of the state regulations within this Element of the
Comprehensive Plan makes them a part of Collier County's land development
regulations. Any future land use activities proposed for the Area of
Critical State Concern shall be reviewed by the Division of Commun~.ty
Development for compliance with the Comprehensive Plan.
CP-AC$C
BIG CYPRESS AREA OF CRITICAL STATE CONCERN ELEMENT
GOALS, OBJECTIVES & POLICIES
GOAL
To conserve, protect, and restore the natural resources of the Big
Cypress Area of Critical State Concern.
OBJECTIVE 1
The conservation and protection of the water resources of the Big Cypress
...Area of Critical State Concern.
%.
-POLICIES
A. Maintain the natural surface water flow patterns and discourage
~,. activities that would alter water flow over the historic natural
levels.
B. Protect aquifer recharge area~ and prevent activities that would
de~lete groundwater resources.
C. Maintain the water quality of surface and groundwater resources by
minimizing activities that would lead to contamination by pollutants
~ or the intrusio~ of salt water.
"OBJECTIVE 2
The conservation, maintenance, and restoration of the native habitats of
'the Big Cypress Area of Critical State Concern and the preservation of
those habitats that are unique and/or incompatible with human use.
POLIC'i'ES
Preserve naturally vegetated areas for the support of native fish
and wildlife and for their ability to slow surface water flow,
recharge aquifers, and absorb pollutants.
Protect freshwater marshes and swamp forests for water storage and
species diversity.
Preserve coastal mangrove forestl' and salt marshes for biomaas
production including fisheries.
OBJECTIVE 3
The protection of the native vegetation communities and the fish and
wildlife resources of the Big Cypress Area of Critical State Concern.
POLICIES
A. Protect native vegetation, fish and wildlife through the maintenance
of the natural hydroperiod and surface water flow regimes.
B. Discourage those activities that would result in the removal of
significant amounts of overstory and/or understory vegetation.
C. Protect the rare, endangered, and threatened species of plants
and animals and the habitats on which they depend for survival.
D. Prohibit the introduction and encourage the removal of exotic
nuisance plant and animal species.
OBJECTIVE
The design and implementation of a coordinated Federal, State, and Local
land and water resource management program to protect the resources of
the Big Cypress Area of Critical State Concern.
POLICIES
A. Establish lines of communication between Collier County and all
State and Federal agencies involved in land planning and resource
management in the Big Cypress Area of Critical State Concern.
B. Encourage and participate in long range ~esource mafiagement planning
by Federal, State, and Local agencies havi~g Jurisdiction within the
Big Cypress Area of Critical State Concern ~.
C. Implement local governnent, procedures to ensure that a~i activities
proposed for the Big Cypress Area of Critical State Concern are
reviewed for compliance with the Critical Area Regulations~and the
Goals, Objectives, and Policisa of this element. ".~
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CP-ACSC
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