| | | | | | | | | | City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 6.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: May 26, 2021
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| | | | | | | | TITLE: | DISCUSS AN ORDINANCE PROVIDING FOR DUNE PROTECTION TO PREVENT THE DESTRUCTION OR MODIFICATION OF THE PROTECTIVE DUNE SYSTEM. |
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| | | | | | | | HISTORY:
| On April 29, 2021, at the request of Commissioner Micky Steinberg, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (C4 J).
The proposed ordinance protects the coastal dune system from unauthorized activities that threaten the dune system’s integrity, health and habitat.
Coastal dunes are habitat for wildlife and support a high biodiversity of 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 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. |
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| | | | | | | | ANALYSIS:
| Common threats to the dunes include invasive, non-native vegetation, trampling from trespassers (e.g., general public, vagrants), unauthorized trimming, homeless and vagrant activities, and man-made fires. 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 to help to ensure the health of the protective dune 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 ongoing maintenance program. Through the City’s Greenspace Management team, coastal areas are on a regular maintenance schedule to conduct 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; and
- 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 |
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| | | | | | | | CONCLUSION:
| The Administration recommends that the LUSC approve the draft ordinance and refer the item for a first reading to the City Commission. |
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| | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | No | | No | |
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| | | | | | | | Departments
| Environment & Sustainability |
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| | | | | | | | Strategic Connection
| Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. |
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