Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Environmental Protection Division: Environmental Engineering & Permitting
Information
Requested Action
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MOTION TO DIRECT Office of the County Attorney to draft an Ordinance amending Section 27-335 of the Broward County Code of Ordinances to amend exemptions for certain projects performed by the United States Army Corps of Engineers (ACOE) or by Broward County’s Port Everglades Department (PED) from the requirements to obtain a Broward County Environmental Resource License (ERL).
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Why Action is Necessary
Board action is required to direct the Office of the County Attorney to draft an Ordinance.
What Action Accomplishes
Directs the County Attorney to draft amendments to Section 27-335 of the Broward County Code of Ordinances to amend the exemptions from obtaining an ERL for projects performed by the ACOE or the PED.
Is this Action Goal Related
Yes
Previous Action Taken
None.
Summary Explanation/Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE PORT EVERGLADES DEPARTMENT JOINTLY RECOMMEND APPROVAL OF THE ABOVE MOTION.
This action supports the Board’s value of “Encouraging investments in renewable energy, sustainable practices and environmental protection” and Goal 2: “To proactively lead in the planning, design and construction of projects supporting resilience and climate adaptation, including coordination with other entities to foster resilient design as part of local and regional projects, especially shore protection efforts.”
The ACOE maintains that they are exempt under federal law from the requirement to obtain local authorizations and that proper mitigation for impacts from dredging, filling, and aquatic resource alteration projects at Port Everglades and it’s federal channel will be assured through the County’s involvement and as part of the state and federal permitting processes.
Article XI of Chapter 27 of the Broward County Code of Ordinances requires persons performing dredging and filling activities and/or aquatic resource alteration to obtain an ERL from the Environmental Protection and Growth Management Department. Section 27-335 currently provides exemptions from the ERL requirements for certain activities, including ACOE and other PED dredging projects.
The proposed ordinance revisions would aid in the implementation of the PED's 2018 Master Plan by amending Section 27-335 to amend the exemption from obtaining an ERL to include filling and aquatic resource alteration projects by the ACOE and the PED for where Broward County is satisfied that all actions undertaken as part of the project are properly permitted by necessary state and federal agencies.
Source of Additional Information
Sermin Turegun, Director, Environmental Engineering and Permitting Division, 954-519-1460.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.