§ 19-1. Protective growth on beaches and the natural environment.

(a)

The clearance, cutting, removal or other destruction of the natural protective growth, such as sea oats, sawgrass, beach grass, sea grapes and/or any other vegetation which acts to prevent the erosion and dispersal of beach sands on privately owned beach front lands, shall be regulated by the State of Florida Department of Environmental Protection. A private property owner shall obtain any necessary permits or approvals required by the State of Florida before commencing any such activities on privately owned lands.

(b)

No person shall clear, cut, remove or destroy the natural protective growth on town-owned beachfront lands without first obtaining a town permit. Such a permit shall be for a term of sixty (60) days and may be issued upon the following terms and conditions:

(1)

Such a permit will be granted only to the owner of privately owned lands directly abutting and located directly westward of the town property; and

(2)

Any such clearing, cutting, removal or destruction of natural protective growth shall be performed in full compliance with applicable requirements and provisions of the State of Florida Department of Environmental Protection; and

(3)

The application for the town permit shall be accompanied by a permit or approval from the State of Florida authorizing the proposed activities; and

(4)

The permit applicant shall agree to hold the town harmless from any and all claims or losses pertaining or related to such activities; and

(5)

A permit fee established by resolution duly adopted by the town commission shall be required.

(c)

In the clearing of lots, the protection of species of flora and fauna that are endangered, threatened, or are species of special concern shall be protected to the fullest extent possible.

(d)

At the time of development or redevelopment of property, all nuisance and invasive exotic vegetation (such as, but not limited to, Brazilian Pepper, Australian Pine, and Maleleuca) shall be removed and, where appropriate, replaced with plant adapted to existing soil and climatic conditions, unless such exotic species are listed on the Xeriscape list of plan species adopted by the South Florida Water Management District. Removal shall be in such a manner that avoids seed dispersal by such species. There shall be no planting of pest exotic vegetation.

(Ord. No. 43-71-2, §§ 1, 2, 6-28-71; Ord. No. 145-90-10, § 1, 5-7-90; Ord. No. 200-111-66, § 1, 12-4-00)

State law reference

Beach and Shore Preservations Act, F.S. Ch. 161.011 et seq.