Judge orders Brevard and Malabar to meet over tree cutting on conservation land

Jim Waymer, Florida Today
·4 min read

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A Brevard County judge ordered Brevard County and Malabar Town officials to meet to try to resolve their disagreement over how many trees need to be chopped down in a sanctuary for threatened Florida scrub jays.

The resolution attempt must be made before a trial on the matter — and the public gets to weigh in, as well, according to Judge George T. Palk's March 6 order.

The conflict is over removal of several thousand trees on the 577-acre Malabar Scrub Sanctuary. The county says the trees need to come down to save the scrub jays. The town says the county wants to cut too many and it would ruin the shaded oak hammock trail beloved by hikers and bicyclists.

To save the remaining threatened scrub jays there, thousands of trees, including old oaks that shade trails at Malabar Scrub Sanctuary, must go, Brevard County officials say. But some like these oaks are marked with ribbons as ones chosen to be saved.
To save the remaining threatened scrub jays there, thousands of trees, including old oaks that shade trails at Malabar Scrub Sanctuary, must go, Brevard County officials say. But some like these oaks are marked with ribbons as ones chosen to be saved.

Tree debate heats up: Brevard wants to remove thousands of trees from Malabar sanctuary

Tussle over scrub jays: Malabar Scrub Jay Sanctuary still a hot issue between town and Brevard County officials

What happens next?

Per the judge's ruling, county and town officials will hold a public special joint meeting at 10 a.m. Monday, May 1, at First Baptist Church of Malabar. The goal: resolve their dispute over how many oaks and other trees must go to clear the way for healthier habitat for the jay and other threatened species that prefer open sandy spaces.

Can you go?

Yes. The agenda says the public can comment: three minutes per speaker, with each speaker getting one chance to speak. To speak, you must fill out a speaker card.

How did it come to this?

The Malabar Scrub Sanctuary is temporarily closed to the public.
The Malabar Scrub Sanctuary is temporarily closed to the public.

The conflict stems from land designated as habitat for scrub jays  — birds on the verge of extinction. And while Malabar Scrub Sanctuary is in Malabar, it is managed by the county's Environmentally Endangered Lands Program (EEL) as part of a lease agreement with the state.

Biologists and the county say the habitat at the sanctuary has become overgrown, so thousands of trees must go.

Did Brevard have a permit to remove the trees?

To save the remaining threatened scrub jays there, thousands of trees, including a few hundred yards of old oak hammock that shades trails at Malabar Scrub Sanctuary, must go, Brevard County officials say
To save the remaining threatened scrub jays there, thousands of trees, including a few hundred yards of old oak hammock that shades trails at Malabar Scrub Sanctuary, must go, Brevard County officials say

Yes, then no. Malabar had issued a permit to the county in May 2021. But the permit expired before the county could begin work. Then when Malabar realized the extent of the planned clearing, town officials denied the county's request to extend the clearing permit and threatened to charge $40 for each tree removed, under a new town code that had taken effect since the county's previous permit had expired.

Then what happened?

Given the impasse, county commissioners requested staff discontinue public meetings with the town on the matter, rescinded transferring the scrub lease to the town, installed barriers blocking people from entering the site and requested input from the state regarding future action.

How did a lawsuit come about?

Malabar Town Council approved an April 4 ordinance to enter into a formal intergovernmental conflict resolution process with the county, a precursor to a lawsuit if the two sides failed to agree on what trees to remove.

Under state law, court proceedings on lawsuits between local governments are abated, by court order, until all state procedural options have been exhausted.

But before the town's April resolution, county commissioners already had made their own resolution to bypass that procedure, saying the tree removals are critical to save the scrub jay.

In April 2022, Brevard County filed a lawsuit against Malabar, asking the court to declare the town’s new regulations "void, invalid, or unenforceable" and prohibiting their enforcement against the County.

But according to state law, as the town had argued and the judge ultimately agreed, the two sides must first go through a conflict resolution process before a lawsuit can ensue.

Why is the town fighting for the trees?

Many hikers and bikers say that the commissioners aren't acknowledging their love of the shaded oak hammock trails and what they add to the sanctuary. Weddings have been performed there, and for many its a favorite for daily walks.

How does cutting down trees help scrub jays?

The Malabar Scrub Sanctuary is temporarily closed to the public.
The Malabar Scrub Sanctuary is temporarily closed to the public.

Biologists and county officials say removing trees will recreate the scrub jay's open, sandy scrub habitat. Hawks and other birds of prey occupy the current trees and are natural predators to the scrub jays. The argument is that thinning the trees will reduce the number of predators.

Which commissioner is driving the county's stance?

Commissioner John Tobia, whose district includes Malabar, pushed for the county to put barricades at the sanctuary to prevent entrance, after the town refused to extend the county's tree clearing permit.

Why didn't Malabar extend the county's permit?

Malabar Town Manager Matthew Stinnett has said the town could not give an extension of the county's existing permit, but was directed by town council to begin negotiating the conditions of a new permit to allow work on the site. That placed commissioners at an impasse because of advice from counsel against applying for a new permit because it could affect future action.

Where can you read the court documents?

Go to http://brevardclerk.us/case-search. Click on General Public Court Records Search, then search for case number: 05-2022-CA-022983.

What?

Special Joint Meeting between Brevard County Commission and Town of Malabar to discuss removing thousands of trees from Malabar Scrub Sanctuary

When: 10 a.m. Monday, May 1, at First Baptist Church of Malabar, 1665 Malabar Rd., Malabar.

Contact Waymer at 321-261-5903 or jwaymer@floridatoday.com. Or find him on Twitter: @JWayEnviro or on Facebook: www.facebook.com/jim.waymer

This article originally appeared on Florida Today: Brevard, Malabar ordered to talk over cutting trees on scrub jay land