Posted: Dec 12, 2012
Does a Species Focus Area affect building permits?

​Monroe County, FL has a long history of environmental activism. The 120 mile sliver of a island county is home to a diverse habitats on land; upland pinelands, hardwood hammocks, beach dunes and sea; seagrass flats and the gorgeous coral reef among the most prominent.  Also too are endangered species; Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly and Silver Rice Rat and Stock Island Tree Snail. The guidelines outlined below will help property owners receive building permits and flood insurance.

What are Species Focus (SFA) and Species Buffer Areas (SBA)?

SFA's and SBA's are areas determined by the Florida Fish & Wildlife Services (FWS).  These parcels of land offer a potentially suitable habitat for nine federally protected species: the Eastern Indigo Snake, Key Deer, Key Largo Cotton Mouse, Key Largo Woodrat, Key Tree Cactus, Lower Keys Marsh Rabbit, Schaus Swallowtail Butterfly, Silver Rice Rat and the Stock Island Tree Snail.  

 

A comprehensive summary and links to detailed information on the Biological Opinions concerning actions necessary to safeguard these nine species is available here.

Key Deer

If you are buying, selling or building on a property you want to know the status of the parcel.  As you might imagine, there are different people to talk to depending on whether or not you are in un-incorporated or incorporated sections of Monroe County.  I strongly recommend you call the applicable Planning offices versus trying to use any web sites.  The planners and biologists in the Planning offices will have the most up-to-date information.  Here's a list of numbers for incorporated areas in Monroe County:

 

  1. City of Marathon, 305-289-4111
  2. Key Colony Beach Building & Zoning, 305-289-1212
  3. City of Key West, 305-809-3720
  4. Islamorada the Village of Islands, 305-664-6410
  5. City of Layton, 305-664-4667

 

For un-incorporated areas of MonroeCounty please call 305-289-2500.

 

Just tell whoever answers you want to verify whether or not your/a property is in a Species Focus Area.  You can give them the property address or RE number. The easiest way to find the 14 digit RE number is:

 

  1. Go to www.mcpafl.org (Monroe County Property Appraiser Florida)
  2. Select Property Search
  3. Select Real Property Search
  4. Type in the Owner's Name or Address of property. Then Search.
  5. The property will appear. The number you want is listed as the Parcel ID; e.g. 00001234-000000.

How does all this apply to a Building Permit?

Marsh Rabbit

If you need a building permit to build in un-incorporated Monroe County you have to comply with a Permit Referral Process (PRP).  The PRP is a streamlined method to ensure compliance with the Federal Endangered Species Act (ESA) for parcels of land in un-incorporated Monroe County.

 

As of now, there is no PRP for incorporated areas of Monroe County.  Please call the above phone numbers for guidance.

 

What to do first?

Silver Rice Rat

After you have determined your property is in a SFA or SBA then ask for a “preliminary review” of the parcel.  There is no fee for this preliminary review.   This review will help provide guidance should a formal PRP review result in a determination of “no effect,” “not likely to adversely affect” or “may affect”.  These three results are determined by Special Assessment Guides set up by the Fish and Wildlife Services:

 

  1. If "No Effect" you're good to go.
  2. If "Not likely to Adversely Effect" you are most likely dealing with the endangered Marsh Rabbit and Silver Rice Rat. The solution is a restriction on cats.
  3. If "May Affect" then there are a variety of mitigation conditions that will require coordination with the Fish and Wildlife Services.  Everything is done on a case-by-case basis.

Questions?

Schaus Butterfly

1. Does this process affect property owners who previously tolled a ROGO/NROGO allocation or building permit?


Yes, in order for persons whose ROGO/NROGO allocations or whose building permits were tolled, to be eligible for Federal flood insurance they must meet their obligations under the Federal Endangered Species Act.

 

2. What if the property is already developed?


If the property is developed, it is unlikely that the ordinance will affect the parcel. The permit referral process (PRP) should have no effect on developed property, unless the property owners are proposing expanding the structure; and/or proposing additional clearing of habitat; and/or proposing fencing into key deer habitat.

 

3. Will the PRP affect my Tier designation?


No, the Tier designations and PRP are two separate and distinct items.

The permit referral process is designed to satisfy environmentalists and property owners.  The staffs assigned to inspect, recommend and process the permits realize many instances are "No Effect" and that those that do have some effect CAN BE handled successfully on a case-by-case basis. 

 

For more detailed information on SPA's, the administrative process, endangered animals and a comprehensive Q&A, please go to the Monroe County web site.

 

Thank you and Good Luck.

 

If you have any comments or questions, please contact me here.

 

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