Deed restriction requirement for protecting natural resourcesFebruary 12, 2013Alachua County Board of County Commissioners

Natural Resources Protection Policies

• Comprehensive Plan establishes polices for the permanent protection of natural resources.

• Land Development Code requires permanent protection at all levels of development review.

Why?

Value of Building Permit Protection

• Inform property owners • Avoid code enforcement • Protect natural resources

Unified Land Development Code Section 406.103(a)3

For building permits on undeveloped lands that contain regulated natural or historic resources, or other administrative approvals as described in Section 402.48 that impact regulated natural or historic resources, perpetual deed restrictions or other forms of dedication shall be the preferred method of protection, notwithstanding Section 406.103(a)1.

Applicability of code

• The property is undeveloped• Permit request will impact resources• Applies only to areas with regulated

resources

Code provision does not apply to:• Developed property not proposing

impacts• Bona fide agriculture operations

Application on property with regulated resources

Site visit

permit application cleared for submittal

Discuss restrictions, management needs,

and process requirements

Send to development

review staff for BOCC/DRC

ReviewDeed

restriction recorded

Significant impacts proposed

Letter to ownerMeets 406.103(a)3 requirements

PAS without ResourcesPAS with ResourcesDeed restrictions

2%

32%66%

Permit Applications Screened since 2009

Deed restrictionPros:• Written recognition by property owner • Information in the public record• Court-enforceable contractual agreement

Cons:• Concerns with perceived decrease in property

values• Requires metes-and-bounds description and sketch • Not applicable to bona fide Ag operations meeting

BMPs

Summary

• Deed restrictions comply with current Comp Plan and Land Development Code

• Helps inform prospective buyers of county rules (potentially decreasing future enforcement cases)

• Staff recommends modification to existing code policy.

Staff recommendation

Authorize advertising a public hearing to amend the land development code to replace the deed restriction requirement with a requirement for a notice to be recorded in the public record.