Manatee County votes to cut local wetland protections in favor of developer interests

The Manatee County Commission voted to cut back the government’s environmental protections for local wetlands over the protests of hundreds of residents.

After an extended debate on the issue, which saw dozens of residents concerned about conserving sensitive wetlands in the Bradenton area, the board voted 5-1 to reduce buffer requirements. Scientists predict the change will have a negative impact on local water quality, which in many cases already fails to meet state standards.

Based on the new rules, developers will have more real estate to build homes and businesses along wetlands, generally described as marsh or swampland. A buffer between construction and wetlands is still required, but Thursday’s vote cuts that buffer in half.

County staff estimated the rule change would affect 66,000 pieces of land that contain some portion of wetlands.

“Right when we need to be doing more for our water quality, we’re going backwards,” said Suncoast Waterkeeper chairman Rusty Chinnis, who was among speakers pleading with county leaders to reconsider. “This is going to affect all of the citizens of Manatee County for decades and generations to come.”

County officials first began revising the Comprehensive Plan and the Land Development Code, two documents that guide local development rules, earlier this year after the Manatee-Sarasota Building Industry Association sent staffers a list of requested changes, the Bradenton Herald previously reported.

Manatee: Buffer reduction restores property rights

Speaking during Thursday’s public Land Use Meeting, the commissioners in support of the change said they voted in favor of the rollbacks because it limits government regulation and restores property rights for landowners.

It will cut the width of buffers required adjacent to “environmentally sensitive coastal wetlands” from 50 feet down to the state’s minimum requirements, which call for minimum buffer widths of 15 feet with a 25-foot average.

Commissioner Kevin Van Ostenbridge noted that this rule change could make it easier for everyday families to do things like install a pool, a basketball court or a mother-in-law suite because less space is required to be preserved.

“I’m confident these people have no idea what the impact of the buffers are until they show up for a permit,” Van Ostenbridge said. “Are they here? No, it’s a quiet majority. They assume the conservative majority is fighting for their private property rights.”

Commissioner James Satcher also downplayed the impact of the board’s vote, arguing that wetland buffers will still be required under the county’s development rules. He described the public’s protest as “sound and fury.”

“They act like there’s bulldozers lined up,” said Satcher. “The only question is can you put your pool 25 feet from the wetlands or 50 feet from the wetlands.”

And despite evidence and testimony to the contrary from noted wetland ecologists and other environmental experts, board members said they did not believe a larger buffer would make a meaningful difference in protecting wetlands.

“The bigger the buffer gets, the less you’re benefiting from it, so is the juice worth the squeeze, right? That’s the ultimate question here,” Van Ostenbridge said.

Public continues wetland buffer protests

Of the dozens of speakers during public comment, only a handful of people, including local developer representative Jon Mast, spoke in favor of the county’s proposed wetland buffer updates.

Speaking publicly for the first time since the process began, Mast, the CEO of the Manatee-Sarasota Building Industry Association, pitched the buffer reduction as a way to “streamline” development, saving time and money for developers and residents.

”This is a question of property rights,” Mast said. “Vote for property rights.”

He called protests to the changes “hysterics of a vocal few.”

But one after another, local residents said they feared the county’s changes would increase flooding, disturb sensitive environmental areas and lead to an increase in pollution runoff.

“The common people of this county deserve clean waters over the profit of developers,” said Colin Curtis, a Palmetto fisherman.

“There is no draw to Florida without pristine water,” added John Taylor, a Manatee County resident. “Any action that leads to even a side step on water protection should be thrown out.”

“We don’t feel like there’s a government taking of our property because we can’t go in and bulldoze our mangroves,” said Glenn Compton, chairman of local environmental advocacy group ManaSota–88. “We feel like there are rules and regulations that need to be followed for the benefit of the community and the environment.”

Abbey Tyrna, a wetland ecologist and executive director of Suncoast Waterkeeper, gave a slide presentation highlighting the potential impacts of the rule changes, including repercussions beyond reduced buffer sizes. Suncoast Waterkeeper also gathered over 2,300 signatures in an online “Save Our Wetlands” petition opposing the buffer reduction.

Tyrna argued the language changes will leave some wetlands that are not covered by state laws entirely unprotected. The county’s current language protects “all viable wetlands.”

“If we remove the buffers on streams that are directly connected to Lake Manatee … that is going to go right into those water courses that directly discharge into our drinking water,” Tyrna said.

Commissioner George Kruse was the only board member to vote against the buffer reduction. He said he didn’t want to give away Manatee County Government’s right to make its own decisions about what’s best for the community.

Under Florida law, wetland buffers must be at least 15 feet wide with a 25-foot average. However, the law allows local governments to go above and beyond that threshold.

“I don’t want to mess up what’s been successful,” said Kruse.

Public wetlands meeting turns rowdy

Thursday’s public meeting got off to a rocky start in the morning. Because most commissioners were at a local delegation meeting, Commissioner Mike Rahn began the meeting at 9 a.m. only to call an immediate 30-minute recess, prompting jeers from the audience.

Members of the packed audience called out that they had taken off work to attend the meeting and criticized board members for the delay.

Later, in an apparent violation of the board’s code of decorum, Van Ostenbridge accused the people speaking out against the county’s rule change of manufacturing their opposition because the board is entirely Republican.

“It’s become clear that we have radical climate activists who are pushing the Green New Deal and have brought a movement that is rooted in communism to Manatee County,” Van Ostenbridge said during a five-minute tirade that also drew heckles from the crowd.

Van Ostenbridge’s comments reflected recent online posts by an anonymously-operated website called Real Manatee County Conservatives. The posts have attempted to smear those opposing the wetland rule changes with unsubstantiated claims.

“These radicals are even using children as political pawns,” Van Ostenbridge added, seemingly referring to 15-year-old Brice Claypoole whom the Bradenton Herald featured in a recent article.

Speaking during public comment, Claypoole addressed Van Ostenbridge’s comments, reminding some board members that they previously said they admired his role in the community.

“Commissioner Rahn and Commissioner (Amanda) Ballard, you both told me you were inspired by my activism and glad to see local kids advocating for our future. Now I’m being framed as a political pawn,” Claypoole said.

“I’m here because I really love our community and I really love our environment,” said Claypoole, who submitted a letter signed by 100 children opposing the changes.

What happens next?

In closing comments, Commissioner Jason Bearden quoted Bible verses as his justification for what he described as a vote to restore stolen property rights before making a motion to approve the rule change.

Rahn also said he trusted Florida’s state standards to ensure that wetlands remain protected.

“I’m a huge fan of protecting our environment, protecting our watersheds and doing the things we need to do to make sure our kids and grandkids have safe drinking water,” Rahn said.

Thursday’s vote is one of the first steps in the process to reduce wetland buffer protections. The 5-1 vote, with Kruse in opposition, amended Manatee County’s Comprehensive Plan. Commissioner Ray Turner was absent and did not cast a vote.

The Land Development Code is expected to be updated in a similar fashion in the future.