Malabar and Brevard County reach agreement over sanctuary tree removal

Malabar and Brevard County have reached an agreement on how to proceed with cutting down several thousand trees at the Malabar Scrub Sanctuary, resolving a battle over how best to make the preserve a place where threatened scrub jays, hikers and bikers can coexist.

More than 100 trees are expected to be spared, but some of the trails many in the town have grown to love will have to move.

The Malabar Town Council approved the agreement this past Monday and it will go before Brevard County Commission Tuesday, May 23.

More: Brevard reopens Malabar Scrub Sanctuary after conceptual agreement with town over tree removal

County officials estimate they will spare 110 or more trees than were originally planned to be cut down. The town wanted to save about 500 trees.

The county and town "find that it is in their respective best interests, and that it is in the best interest of the public health, safety, and welfare of the citizens" for the dispute to be settled, the agreement says.

Hikers and bikers were locked out for almost a year and a half over a dispute with the county about how many trees must go to save the sanctuary's threatened scrub jays.

But the 577-acre sanctuary soon will look a lot more open, after the county removes several thousand trees, despite the protests of many in the town.

The county and town have been at odds over how many and which trees to remove to restore the sanctuary's overgrown scrub habitat. The sanctuary is part of Brevard County’s Environmentally Endangered Lands (EEL) program.

The sanctuary had been closed to the public since late January 2022, after Brevard County Commissioners decided to block off its entrances until the town renewed an expired permit for the county to cut down the trees, many of which block sunlight and hide raptors that feed on the threatened scrub jays.

Malabar had issued a permit to the county, which had begun the land clearing project in early December 2021. But when visitors saw a sign about the project posted at the sanctuary and brought concerns to the town's attention, town officials then noticed the county's permit had expired. And in the interim, the town's code had changed, requiring a $40 per tree permit fee but not addressing conservation lands.

After the sides couldn't agree on which trees should go, 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 in March, a county judge ruled the sides first must go through a state-mandated conflict resolution process.

More: Brevard County prevails against Malabar in fight over scrub Jays and shady trees

Under the agreement, among other things, the county will maintain, abandon and relocate certain trails based on an agreed-upon map and ensure certain identified trees and perimeter vegetation areas are maintained in the manner agreed upon.

The town, in turn, will waive any requirement for the county to obtain a permit for or pay fees for the land management activities.

If the county commission approves the agreement, the county must give formal notice to the town about week in advance of any work starting at the sanctuary, Mike Knight, EEL's program manager, said via email. "The soonest the work could begin would most likely be May 31."

The EEL program manages about 20% of the total area of Malabar.

"It really wasn't a fair deal," Malabar Mayor Patrick Reilly said. "They didn't really compromise very much. It's still only 110 trees out of several thousand trees."

The town agreed to settle the matter, in part, because of the financial burden of the legal fight, Reilly said.

"The county EELs program made it totally about the scrub jays, where it should have been about the habitat," he added.

Many in town also remain concerned the sanctuary will soon look barren.

"Why come here if there's nothing to enjoy your time on the trails?" Reilly said.

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Jim Waymer is an environment reporter at FLORIDA TODAY. 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 and Malabar agree over how to remove trees from sanctuary