The Administration recommends the adoption of the attached Ordinance.

Coastal dunes are habitat for wildlife and support native flora and fauna. They also keep beaches healthy by accreting sand and minimizing beach erosion rates. The dunes protect coastal infrastructure and upland properties from storm damage by blocking storm surge and absorbing wave energy. In 1975 the United States Army Corps of Engineers (USACE) in coordination with the Florida Department of Environmental Protection (FDEP) built a non-vegetated levee for storm protection as part of the 50-year Miami-Dade County Beach Erosion Control and Hurricane Protection Project. Due to high pedestrian and vehicular traffic, the levee wore down quickly and was deemed ineffective. In the mid-1980s, through the acquisition of a state grant, the FDEP rebuilt the levee and fortified it with dune vegetation. As a strategic part of our green infrastructure, a healthy dune system is an invaluable asset to coastal communities like Miami Beach.

In 2016 the City of Miami Beach adopted the Dune Management Plan outlining the framework and specifications that the City will use to foster and maintain a healthy, stable, and natural dune system. The plan included planting specifications and vegetation management guidelines.

On May 26, 2021, the Land Use and Sustainability Committee (LUSC) discussed the adoption of an ordinance for dune protection to prevent the destruction or modification of the protective dune system. The LUSC referred the proposed attached ordinance by acclamation to City Commission for first reading. The proposed ordinance protects the coastal dune system from unauthorized activities that threaten the dune system’s integrity, health and habitat.

Common threats to the dunes include invasive, non-native vegetation, trampling from trespassers (e.g., general public, vagrants), and unauthorized trimming. Florida Statue Section 161.053(2)(a) prohibits any person, firm, or governmental agency from damaging sand dunes or the vegetation growing on the dune system. Despite these statues, illegal removal, alteration, and trimming of dune vegetation occurs regularly by private properties adjacent to the dune. The City Code does not have provisions to protect the dune system. The proposed ordinance prohibits the destruction or modification of the dune system so that it may continue to provide habitat for wildlife and reduce impacts from storm surge for both public and private property.

In 2016, the City conducted a large-scale dune restoration project and initiated an on-going maintenance program. Through the City’s Greenspace Management Division, coastal areas are on a regular maintenance schedule that includes trimming, litter removal, and invasive species removal. To protect the dunes, only City staff or the City’s landscape contractors should perform maintenance in this area.

Local coastal governments in Florida, such as St. Augustine and St. Lucie County, have adopted dune protection ordinances to safeguard this natural resource. The proposed ordinance draws from best management language from these ordinances to prohibit the alteration of dune vegetation and establish fines and enforcement procedures. The draft ordinance regulates the following:

• Establishes prohibited activities in the dune, including alteration of vegetation, storage of equipment, and vehicular activity.
• Establishes activities permitted in the dunes, such as maintenance conducted by City contractors and City approved volunteer restoration events.
• Establishes the following penalty pay schedule:

o   First violation within a 12-month period: $1,000.00

o   Second violation within a 12-month period: $2,000.00

o   Third or more violation within a 12-month period: $3,000.00

• Fines collected will be deposited into the Sustainability and Resiliency Fund, used to increase the resiliency of the City and fund ecosystem restoration efforts.

Less than half of Miami Beach residents are satisfied with the City’s efforts to be a green or sustainable city. Dunes are an integral part of the City’s green infrastructure and resilience strategy. Providing protection for the dunes is an important step to increasing community satisfaction.  

The proposed Ordinance is not anticipated to require additional City resources.

The Administration recommends the adoption of the attached Ordinance.