Could one word in an ordinance regulating truck parking cost Palm Beach County millions?

Could the ongoing battle between residents and truckers in The Acreage really come down to the interpretation of one word in an ordinance?

From 2008 through 2019, the county ordinance specifically said that "semi-trucks" could be parked in The Acreage. But the ordinance also said that the vehicle could not weigh more than 12,500 pounds. There are no semi-trucks that weigh fewer than 12,500 pounds. A fully loaded one weighs as much as 80,000 pounds; an empty one about 25,000 pounds.

So at a minimum, the ordinance was confusing, but as County Commissioner Sara Baxter points out, the ordinance said “semi-trucks” were permissible and truckers relied on that wording to move into The Acreage.

In 2019, the word "semi-trucks" was taken out and now a compromise of sorts is on the table. A proposed ordinance raises the weight limit to 16,000 pounds but that is not enough to allow for the storage of the big rigs.

At one time, the ordinance was written to allow up to two large rigs on each lot in The Acreage and each of those rigs could weigh up to 80,000 pounds. But pushback from the Indian Trails Improvement District, which threatened its own lawsuit, and the Acreage Landowners Association, resulted in the county backing off and proposing a much more restrictive ordinance.

County commissioners are expected to consider the ordinance on final reading Thursday, Feb. 22. Baxter is continuing to push for a change to allow truckers already there to continue to stay. She told The Post she sees the ordinance resulting in a lawsuit that could prove very costly to taxpayers.

“I am really concerned about the county’s liability here,” she said. “The courts could very well look at this as a taking, which would mean the truckers are entitled to compensation because they are prevented from using their land the way they have for years based on the wording of the ordinance.

“Why put that (semi-trucks) in there if they can’t park there?” she asked. “Truckers relied on the language to move into the Acreage and some of them have operated there for more than 20 years. Now we are going to tell them they must leave. It is not fair.”

Truckers vs. Acreage residents: Battle goes back many years

County commissioners have been wrestling with the truck issue for the past two years. Area residents recently mounted a strong campaign against allowing the big trucks to continue to operate, arguing that they are destroying the unpaved road system and impacting their quality of life.

But the truckers have been mounting their own effort to allow them to continue to operate. They have sent dozens of emails to county commissioners.

In an email dated Feb. 7, trucker Luis Lopez said the large trucks do not impact roads any more than school buses, garbage trucks or delivery vehicles, adding: “The only difference is, we live here and support this infrastructure with our tax dollars. People with semi-trucks and other large vehicles have lived in our area for decades, and it has never been an issue in the past. In fact, a number of our current residents moved out here specifically to be able to have this lifestyle. We’re asking for your help to be able to continue enjoying the lifestyle we have enjoyed in peace for decades already.”

The Feb. 22 session, like the previous ones, is expected to last several hours with scores of residents testifying in support of and against the ordinance. The Acreage is a rural residential area with more than 15,000 lots and 45,000 people.

County Attorney disputes Sara Baxter's position

County Attorney Denise Coffman told The Post that her office “does not concur” with Baxter’s position that the proposed ordinance amounts to a taking of the trucker’s land.

“We have thoroughly examined this issue and discussed it numerous times. Further legal arguments are counterproductive. Since there appears to be a concerted effort to encourage a lawsuit as a means to overturn the decision of the BCC (Board of County Commissioners), further explanation will be reserved for the litigation."

Baxter said more than 300 truckers may be impacted by the ordinance, noting that their livelihoods are at stake.

She questioned previous positions taken by the county that forced landscapers to move out of residential areas where they, too, had been operating for years. “We say we were going to find places for them but that has not happened, and my fear is that this will be more of the same even though we say we will find a place for these truckers to park their trucks,” Baxter said.

Truckers have their own compromise proposal

She supports the truckers’ proposal to allow up to two trucks in excess of 16,000 pounds. In exchange, the truckers say they are willing to accept an ordinance that would require commercial vehicles to be registered and belong to the resident of the property (prohibiting any rental of space for outside commercial vehicles).

In addition, driveways would have to be at least 24 feet wide to ensure large commercial vehicles can pull onto their own lots and not park on streets or swales, as currently happens. Permits would have be to be obtained.

But county commissioners voted 5-2 in support of the more restrictive ordinance, accepting the arguments of area residents that 80,000-pound semi-tractor trailers are too large to be in a residential area.

MORE: Why Palm Beach County said big rig operators don't belong in The Acreage

Commissioners have called on the Zoning Division to look at existing parcels closer to the Turnpike and Interstate 95 for possible zoning changes to encourage the construction of commercial parking lots for the truckers. There is no such lot in the county.

The Florida Department of Transportation has acknowledged that there is a critical statewide lack of parking lots for the truckers, resulting in some of them parking on off-ramps of the Turnpike and I-95, creating dangerous situations.

Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.

This article originally appeared on Palm Beach Post: Semi-truck ban in Acreage could cost taxpayers, commissioner says