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Environmentalists Stall Wetlands Changes

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By MIKE SALINERO, The Tampa Tribune

Published: November 16, 2007

TAMPA - Environmentalists were successful Thursday in persuading the Hillsborough County Commission to postpone passage of new wetlands regulations that they say would make it too easy for farmers to destroy small wetlands.

The commissioners, sitting as the Environmental Protection Commission, agreed to a two-month delay in passing rules meant to lighten the regulatory burden on farmers and nursery growers. During that time, a new wetlands technical advisory committee will review the rules while EPC staff tries to address concerns posed by environmental groups.

Commissioners Rose Ferlita and Mark Sharpe pushed for the delays, noting dozens of questions raised by environmentalists before and during Thursday's meeting.

Growers also want the new rules changed, said Hugh Gramling, chairman of the county Agriculture Economic Development Council.

"There are a lot of questions and a lot of suspicions" between the two sides, Sharpe said.

The rule changes would allow farmers to destroy isolated wetlands smaller than a quarter-acre without going through the normal EPC approval process. Also, farmers would not be required to mitigate the damage to the wetlands on their property if they are involved in state or federal farm conservation program.

The rule changes were proposed last summer by EPC Executive Director Rick Garrity in an effort to keep the County Commission from eliminating the county wetlands division.
Environmentalists accused the EPC of rushing the changes, which they say amount to a weakening of the county's 22-year-old wetlands rule. They say neither the EPC staff nor farmers have shown that the rule changes are economically justified.

"This still does not provide reasonable assurance that the small, isolated wetlands we're sacrificing will prolong the land staying in agricultural use," said Vivian Bacca of Brandon.
Environmentalists also disagree with a provision that says farmers must keep their land in agriculture for seven years or they lose their exemption from having to mitigate the wetlands damage. After the seven years, the farmer can sell the land and the new owners will get the benefit of the exemption.

Mariella Smith, a spokesman for the Sierra Club, said seven years is too short a time and will encourage conversion of agricultural land to residential or commercial development.

"We're not saying you can't sell the land or develop it," Smith said. "We're just saying we're allowing you to impact wetlands because you're a farmer, and if you sell the land to developers, you've got to mitigate."
Gramling disagrees, saying farmers who face bankruptcy might be forced to sell their land, and potential buyers may balk at having to pay for a mitigation project.

"It's an encumbrance on the land," Gramling said.
Gramling shocked EPC officials recently by pushing legislation that would eliminate county jurisdiction over wetlands on agricultural land. Ferlita called Gramling's action, taken while his council was negotiating with EPC over the new wetlands rule, "unproductive." She said the EPC should not rush passage of the new rules just because Gramling threatens to eliminate the agency's oversight.

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

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