Res 07-77 RESOLUTION NO. 7-77.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, TO THE HONORABLE GUY SPICOLA,
CHAIRMAN, AND MEMBERS OF THE SENATE COMMITTEE ON
NATURAL RESOURCES, STATE OF FLORIDA, STRONGLY OPPOS-
ING SECTION 16 OF THE PUBLISHED PROPOSED LEGISLATION
ENTITLED ENVIRONMENTAL PERMITTING, PRELIMINARY DRAFT,
NOVEMBER 1976, TRANSFERRING CERTAIN BEACH EROSION
CONTROL FUNCTIONS FROM THE DEPARTMENT OF NATURAL
RESOURCES TO THE DEPARTMENT OF ENVIRONMENTAL REGU-
LATION.
WHEREAS, the captioned legislation would transfer all powers,
duties, and functions of the Department of Natural Resources under
s.161.041 relating to the processing, issuing and denial of permits
for any construction or physical activity undertaken specifically for
shore protection purpose~ upon sovereignty lands of Florida or below
the mean high waterline of any tidal water of the State are transferred
to the Department of Environmental Regulation by a type four transfer
as defined in s.20.06; and,
WHEREAS, it is understood and acknowledged that an attempt is heine
made to simplify the permitting process by centralizing permit issuance
in DER, which in and of itself is conceded to be a worthwhile objective;
and,
WHEREAS, the proposed legislation goes far beyond the simp].e
permit issuing process and transfers decision making authority to DER,
an agency that is inexperienced in coastal engineering from DNR, an
agency that is experienced in coastal engineering; and,
WHEREAS, passage of the proposed legislation would further com-
plicate an already complex matter, the control of erosion, by assignment
of permitting control to one agency, DER, while construction control
is exercised by another, DNR; and,
WHEREAS, an intolerable jurisdictional situation could result'
from the proposed legislation if enacted by virtue of the fact that most
erosion control devices of whatever nature would be subject to regula-
tion by not one agency but two agencies because of the fact that DER
would have jurisdiction below the mean high waterline and DNR above it;
and,
WHEREAS, DNR has many years of successful experience in beach and
sho~e p~rmitting and DER has none,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Chairman and members of the Senate Committee
on Natural Resources are hereby earnestly and strongly requested to vote
against Section 16 of the published proposed legislation entitled En-
vironmental Permitting, Preliminary Draft, November 1~76.
PASSED AND ADOPTED in regular session on this the 24 day
of _ January . , 1977.
ATTEST:
-2 -
Res. No. 7-77