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Growers Try To Sidestep EPC

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Published: November 3, 2007

A nursery growers group is pushing legislation that would tie the hands of Hillsborough County environmental officials in their efforts to protect wetlands on agricultural property.

The bill would dramatically increase the role of the Southwest Florida Water Management District in regulating agricultural wetlands in Hillsborough County. Wetlands on farms and nurseries are now protected by the county Environmental Protection Commission, whose regulations are considered stricter than the state's when it comes to protecting small wetlands.

Hugh Gramling, president of the Tampa Bay Wholesale Growers Association, asked state Rep. Rich Glorioso, R-Plant City, to sponsor the bill. Gramling is also chairman of the Hillsborough County Agricultural Economic Development Council, which has been a key player negotiating changes to the EPC's wetlands rules relating to farms and nurseries.

The bill blindsided EPC officials, who have been working closely with Gramling and the agricultural community on changes to make wetlands rules less burdensome to farmers.

"It's terrible news," said Rich Tschantz, EPC general counsel. "It completely undercuts this rule that we've been negotiating."

The bill comes less than three months after the EPC wetlands division survived an attempt by the county commission to disband it. The commissioners changed their minds in the face of public pressure and a promise by EPC Executive Director Rick Garrity to streamline permitting.
Gramling could not be reached for comment Friday. In an interview Thursday he hinted that the agricultural community was not happy with the EPC's proposed changes in the agricultural section of the wetlands bill.

He said the agency would not give in on a key demand of farmers - that they be exempted from getting a county wetlands permit if they already have a permit from the water management district. His bill would do just that.

"I'm not clear on their reasons," Gramling said Thursday. "I think part of their fear is the premature conversion of farm land to development."

Bill Takes Away Local Control

EPC officials say it goes much deeper than that. The bill would take away local sovereignty over wetland decisions, powers the county has had since 1985.

The agency prides itself on having wetlands regulations that are stricter than the water district's permit. A key difference is the water district allows farmers or developers to destroy wetlands up to a half acre without having to justify the destruction or mitigate it by constructing a wetland somewhere else.

"Our interpretation is that the local government does not have to adhere to that exemption," said Bob Stetler, EPC wetlands chief.

Farmers have long complained they have to cut through mountains of red tape to plow over something as simple as a small, man-made ditch filled with water.

"If EPC decides that there are wetlands on your property 1 square foot in size, that means you can't plow over it, you can't do anything to it, you have to avoid it and preserve it," Gramling said.

Farmers' Complaints Addressed

EPC officials say they have addressed that complaint. Under the proposed revisions, farmers could fill in wetlands up to a quarter acre in size without having to justify the destruction to EPC or having to mitigate it by creating a wetland somewhere else.

Farmers could also get exemptions from EPC rules by enrolling in a state or federal resource management plan. Those programs give farmers free engineering consultation on designing their stormwater storage and treatment if they agree to stay out of wetlands.

Stetler said the Environmental Protection Commission would still be involved with the water district and the federal Natural Resource Conservation Service in planning how the farmer can avoid destroying wetlands.

"We really feel we probably have been operating independently for too long," Stetler said. "We feel each agency has something to add to the package. Ultimately, the farmer is well-served, because he gets to listen to all the agencies at one time."

Glorioso accused EPC officials of resisting instructions from commissioners to work with the farmers. That's why he agreed to sponsor the bill.

"Elected officials told the EPC, 'This is what you're going to do,' and they're not doing it," he said. "They're giving the farmers the same hassles they were giving them before."

Glorioso said the deadline for filing local bills was noon Friday. The 17-member local legislative delegation meets Dec. 7 to discuss all local bills for the coming legislative session in March. For a bill to go forward, it must be supported by a majority of the delegation, including three of the four state senators.

Reporter Mike Salinero can be reached at (813) 259-8303 or msalinero@tampatrib.com.

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