Indian River County Environmental Lands Program Guide. May 2003

Transcription

1 Indian River County Environmental Lands Program Guide May 00

2 Indian River County Environmental Lands Program Guide TABLE OF CONTENTS INTRODUCTION 1 General Overview 1 Summary of Chapters. Maintenance of the Guide CHAPTER I: PURPOSE, OBJECTIVES, & POLICIES.. Purpose, Definitions Objective Policy... CHAPTER II: RESPONSIBILITIES/RELATIONSHIPS Board of County Commissioners Land Acquisition Advisory Committee Staff.. Advisory Status 1 General Provisions 1 Conflicts of Interest... 1 CHAPTER III: ENVIRONMENTAL RESOURCE PROTECTION METHODS.. 1 Regulatory Controls.. 1 Direct Land Use Controls. 1 Property Rights. 1 Methods of Land Acquisition 1 CHAPTER IV: FUNDING/FINANCING 1 Joint Acquisition/State Programs. 1 ii

3 Local Funding Private Group/Cooperative Acquisition. 1 CHAPTER V: LAND ACQUISITION PROCESSES/PROCEDURES.. 1 Phase 1: Review of Directives. Phase : Compilation of Lands Phase : Evaluation/Prioritization.... Phase : Work Plans/Pre-Acquisition Tasks/Negotiations Phase : Final Report & Recommendations; Confidentiality. 1 Purchase Negotiations with Profit/Nonprofit Organizations... Emergency Acquisition.. CHAPTER VI: LAND MANAGEMENT.. Responsibilities Key Management Activities.. Cost/Funding APPENDICES. 0 Land Acquisition Project Application..... A.1 County Resolution No. -. A. I.R.C. Comprehensive Plan Policy Excerpts... A. L.A.A.C. Matrix Worksheet.. A.1 Evaluation/Prioritization Matrix. A.0 Minimum Criteria for LAAC Property Review. A.1 (Policy Memorandum revised per 01//0 Board action) iii

4 INTRODUCTION GENERAL OVERVIEW The Environmental Lands Program Guide is to be used as the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. With respect to the Guide, the Board of County Commissioners will have the ultimate approval authority on its adoption and revisions. The Indian River County Land Acquisition Advisory Committee (LAAC) will maintain the Environmental Lands Program Guide and act as an advisory committee to the County Commission. The LAAC will also receive and review proposals for purchase and make specific land acquisition recommendations. Notwithstanding any section of the Guide to the contrary and except for matters that are required to be confidential, such as appraisals, the LAAC shall review and make recommendations with respect to all LAAC matters before said matters are presented to the Board of County Commissioners. County staff will be available at the direction of the County Administrator. Although the Environmental Lands Program Guide will be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan and the Indian River County Land Development Code, as well as the Comprehensive Plans of municipalities in the County, will also be used as they contain goals, policies, and objectives relating to land acquisition. The Environmental Lands Program Guide serves as a reference for the LAAC throughout the planning process. Three main principles contained in the Guide are: 1. Acquisition of lands consistent with the resource/conservation goals, objectives, and policies set forth by the County;. Acquisition of lands only when other means of protection (e.g., land use regulation) are not effective; and. Acquisition, when possible, through the use and assistance of state and federal funds. The primary objective of the Guide is to outline procedures for the acquisition of environmentally significant lands. Such lands are unique and irreplaceable, and contain excellent examples of natural communities, forest resources, plants, animals, coastal and wetland resources, and archaeological features. A secondary objective of the Guide is to outline procedures for management of acquired lands so that these lands are, where appropriate, developed for passive recreational uses such as hiking and nature trails, educational nature centers, and elevated boardwalks. The County Commission has the final authority to establish land acquisition policies, procedures, priorities, standards and criteria. The Commission also approves specific proposals for acquisition, based on the recommendation of the LAAC. In making its recommendations, the LAAC follows the procedures set forth in the Guide and is advised by the county staff. The county staff is also responsible for: ensuring that the proposals are properly reviewed by the Advisory Committee, coordinating comments, conducting intergovernmental coordination activities, preparing approval/recommendation memoranda, and negotiating for purchases. 1

5 SUMMARY OF CHAPTERS Chapter I sets forth the purpose of the Guide, as well as objectives and policies to direct land acquisition actions. Chapter II describes the responsibilities and relationships of the Board of County Commissioners, the Land Acquisition Advisory Committee and county staff in carrying out the objectives and policies of the Guide. Chapter III summarizes the various methods that can be used to protect environmental resources, with fee title purchase being just one of several alternatives. Chapter IV provides brief descriptions of the various funding/financing approaches that can be utilized for land acquisition, including joint acquisition programs, local funding mechanisms, and private, cooperative acquisition. Chapter V is the crux of the Guide, detailing the land acquisition process and procedures. Included in this chapter is the Evaluation/Prioritization Matrix and land evaluation criteria descriptions. Chapter VI provides information on conservation land management responsibilities, funding sources, needs and priorities. The appendices of the Guide are excerpts from important reference documents such as the County Comprehensive Plan and the Board of County Commissioners Resolution No. 0-, which created the Land Acquisition Advisory Committee, as amended by Resolution No. - adopted April, 1. Also included is a sample land acquisition nomination application. MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE Responsibility. In order to carry out the responsibilities of maintaining the Environmental Lands Program Guide in a correct and up-to-date manner, the Community Development Director shall identify a county staff member whose duties will include coordinating all guide issuances and keeping the guide up-to-date. Amendment and Updating Procedure. The Environmental Lands Program Guide may be amended by a majority vote of the Board of County Commissioners. The Advisory Committee shall periodically conduct a review of the Environmental Lands Program Guide and shall make recommendations to the Board regarding proposed Guide revisions, as warranted.

6 PURPOSE CHAPTER I PURPOSE, OBJECTIVES & POLICIES This Guide is to assist the LAAC through the planning process and the procedures that lead to decisions on the acquisition of land. Land acquisition is initiated by the identification of a need to meet certain objectives that require a property base - one that has the potential for acquisition. Acquisition involves obtaining full control (fee title) or partial control through easements, leases, or agreements. DEFINITIONS The following terms and definitions are to aid in interpreting this manual. A. Acquisition Study. A compilation of facts, data and information which will support a recommendation by the LAAC to the County Commission for a land acquisition decision. B. Archaeological Features. Archaeology is the scientific study of material remains of human life and activities from the distant past. Archaeological features are signs left at sites indicating the past presence of people. This typically means that artifacts, things people made or modified, are present. However, features can also include a change to the land, such as a ditch, levee or a mound. Archaeological sites usually contain materials in addition to artifacts, such as plant and animal remains, soil and charcoal. C. Due Diligence. Investigation and review of property prior to acquisition, including, without limitation, independently conducted appraisals, title searches and commitments, survey, environmental assessment and any other items deemed necessary by County staff in connection with a proposed acquisition. D. Important Resource Problem. An issue of substantial environmental concern found within Indian River County. The LAAC selects and establishes priority ranking for important resource problems. E. Environmentally Endangered Lands. Environmentally unique and irreplaceable lands that are valued ecological resources. The State Acquisition and Restoration Council (ARC)/Florida Forever Program identifies the following criteria for selecting Environmentally Endangered Lands: Such lands contain native, relatively unaltered flora or fauna representing a natural area unique to, or scarce within, a region of Florida or larger geographic area. Such lands contain habitat critical to or providing significant protection for an endangered or threatened species of plant or animal. Such lands contain an unusual, outstanding, or unique geologic feature.

7 F. Environmentally Important Lands. Five acre or larger undeveloped tracts of xeric scrub or coastal/tropical hammock. Policy. of the Conservation Element of the County Comprehensive Plan provides the basis for density transfer and cluster development incentive land use regulations to apply to lands so defined. G. Environmentally Sensitive Lands. Areas having natural resources with multiple public benefits that are particularly sensitive to development impacts; such areas include all estuarine wetlands and deepwater habitat. Policy. of the Conservation Element of the County Comprehensive Plan sets forth a development density of 1 unit per 0 acres for environmentally sensitive estuarine wetlands and deepwater habitat, with such areas retaining a 1 unit per acre density transfer credit. H. Environmentally Significant Lands. Lands with natural features that warrant conservation and protection in the public interest. The term includes those lands defined herein as "environmentally endangered", "environmentally important", and "environmentally sensitive". "Environmentally significant lands" also include: native plant communities which are not necessarily endangered but are pristine and representative of the community type; altered ecosystems with reasonable potential for restoration to correct environmental damage that has occurred; and lands with significant archaeological resources. I. Florida Forever Act. Legislation (., F.S.) adopted by the State in 1, creating a -year, $ billion land and water conservation program, succeeding the -year Preservation 000 program that was established in. Objectives of the Florida Forever Act include: Increase the protection of Florida s biodiversity at the species, natural community and landscape levels; Protect, restore and maintain the quality and natural functions of land, water and wetland systems of the state; Ensure that sufficient quantities of water are available to meet current and future needs of natural systems and the citizens of the state; Increase natural resource-based public recreational and educational opportunities; Preserve significant archaeological or historic sites; Increase the amount of forestland available for sustainable management of natural resources; and Increase the amount of open space available in urban areas. J. Greenway. A corridor of protected open space that is managed for conservation and/or recreation. Greenways associated with water bodies may interchangeably be referred to as "blueways." K. Inactive Status. A designation given to sites on the LAAC Acquisition List when no landowner contact has occurred for months or more due to lack of response on the part of the landowner(s). When a site is designated as inactive, generally no further County action or negotiations will occur unless initiated by the landowner.

8 L. Indian River County Environmental Lands Program Guide. This document, adopted by the Board of County Commissioners, serves as the Indian River County Environmental Lands Program Guide. M. Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral rights, and use reservation. N. Land Acquisition. The gaining of rights to real property in the form of fee simple title, easement or lease. This can be accomplished by direct purchase; exchange; transfer; donations; or by cooperative agreement, including condemnation. O. Objective. An end toward which concerted effort is directed. It is a precise statement of purpose (preferably sufficiently detailed so as to be measurable), including at least two of the following elements: time limit (when it must be accomplished); standard of performance (percentage, amount or dollars) or criterion of measurement (test, questions, opinion or observation). P. Program Memorandum. A document issued by the Advisory Committee providing short term (usually for one or two years) guidance and direction on actions aimed at meeting a program objective. Q. Work Plan. Flexible timeline that sets forth goals for the schedule and plan of preacquisition due diligence for projects. OBJECTIVE The primary objective of the Indian River County Environmental Lands Program Guide is to outline procedures for acquiring and managing environmentally significant lands. Environmentally Significant Lands. Lands so described are environmentally rare and irreplaceable and are valued ecological resources. These lands contain one or more of the following resource categories: Natural Communities; Forest Resources; Plants; Animals; Coastal and Wetland Resources; and Archaeological Features. The land acquisition objectives for each category are as follows: Natural Communities. Identify, acquire and protect those natural communities that represent the best examples, with priority given to the most endangered or threatened. To ensure consistency of description of natural communities, see the Conservation Element of the Indian River County Comprehensive Plan. Forest Resources. Identify, acquire, and protect lands to maintain representatives of the various forest or timber types. Plants. Identify, acquire and protect sites which contain endangered or threatened species, or species of special concern. Priority should be given to those sites that are critical to the survival of these plant species or that

9 contain important assemblages of rare or endangered species. Animals. Identify, acquire, and protect lands that are critical to the survival of endangered or threatened animals or species of special concern. Wetland and Coastal Resources. Identify, acquire, and protect undeveloped coastal areas to conserve their significant natural and aesthetic attributes. Identify, acquire, and protect significant wetland areas. Archaeological Features. Identify, acquire and protect significant archaeological sites. Management of Environmentally Significant Lands. Lands acquired under the Land Acquisition Guide shall be managed primarily to maintain important natural characteristics. Of secondary concern will be the management of lands for passive recreational pursuits, or other compatible uses. POLICY Unique Areas The natural characteristics of these areas will be enhanced or maintained to ensure protection of the natural resources. Areas may be maintained or enhanced by many methods, including but not limited to: fencing, planting, fire, selective clearing or removal of non-native species, elimination of off-road vehicle access, and prohibition of dumping. Recreation Areas The objective in managing these areas should be to provide opportunities for recreational experiences in the out-of-doors. Limited facilities will be developed to encourage users to enjoy the land and its resources in a natural setting. Nature trails, boardwalks, educational displays and centers, and observation platforms are the type of facilities that may be developed in these areas. Other Compatible Uses Uses compatible with the primary objective of protecting significant natural areas may be considered. Such uses include effluent reuse, ground water primary recharge protection, and storm water management. Such uses shall only be considered if they do not threaten the integrity of the natural system to be protected. Indian River County, Florida will acquire lands consistent with the resource conservation goals and objectives as set forth in the Environmental Lands Program Guide; State acquisition guidelines (when applicable); and policies of the Indian River County Comprehensive Plan, foremost of which being policies of Objective of the Conservation Element.

10 1 1 The County's basic policy is to purchase land when other means such as zoning or regulation are not appropriate, available or effective. When lands are to be acquired, the minimum ownership interest necessary to satisfy the objectives is to be sought. If fee title is required, full consideration will be given to extended use reservations, exchanges or other alternatives that will lessen impact on the owner and the community. Donations of desired lands or interests will be encouraged. In carrying out this policy, the County shall give additional consideration to land acquisition measures that are coordinated with various entities. It is the policy of the County to work in a cooperative venture with such entities, including but not limited to profit and nonprofit organizations, municipalities within Indian River County; the Indian River County School Board; the Department of Environmental Protection; the St. Johns River Water Management District; the Florida Inland Navigation District; and the Florida Communities Trust.

11 CHAPTER II RESPONSIBILITIES/RELATIONSHIPS Officials listed below are responsible for the functions indicated: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approves land acquisition policies, procedures and priorities based upon recommendations from the LAAC. Approves in writing only those acquisitions of environmentally significant lands proposed by the LAAC. (The Board may approve or delete any project proposed by the LAAC. Also, the Board may add or expand projects on the prioritized acquisition list, but only under the "emergency acquisition" procedures set forth on page of this guide, whereby the LAAC will review emergency project(s) and make recommendations to the Board regarding acquisition.) Authorizes all financial measures, including bond issues, for carrying out the purchase of land. Provides final approval of all land acquisition contracts and documents. Determines the annual budget for the land acquisition program, including funds used for purposes relating to acquisition beyond purchase or lease costs, such as site improvements and management costs. Appoints members to the Indian River County Land Acquisition Advisory Committee, in accordance with County Resolution No. -, as amended and restated herein. INDIAN RIVER COUNTY LAND ACQUISITION ADVISORY COMMITTEE (LAAC) Membership shall consist of seventeen (1) members appointed by the Indian River County Board of County Commissioners, in accordance with the provisions of County Resolution -, as amended, with membership as follows: 1. County Commissioner (Liaison, non-voting member). Representative of Vero Beach City Council. Representative of Sebastian City Council. Representative of Fellsmere City Council. Representative of Indian River Shore Town Council. Representative of Orchid Town Council. Member of Indian River Land Trust. Member of Sierra Club Conservation Committee. Member of Pelican Island Audubon Society. Member of Board of Realtors. Member of Chamber of Commerce

12 Term of Office 1. Member of Taxpayers' Association 1. Member of Civic Association 1. Member from agricultural interests 1. Member of development community 1. Member of Mosquito Control District 1. Member At Large The term of office of each member shall be two years with the initial appointments staggered so that as near as possible one-half of the committee will serve terms of one year and one-half terms of two years, with each member thereafter serving terms of two years. Purpose of the Committee The purpose of the committee shall be to: 1. Advise the Board of County Commissioners on how best to carry out the policies of the Indian River County Comprehensive Plan, primarily fulfilling the specific upland acreage acquisition commitments of the policies of Conservation Element Objective, including the longer term acquisition of environmentally significant lands (beyond the minimum specified acreage of Objective ), native upland plant communities;. Establish, pursuant to the Environmental Lands Program Guide, priorities for Commission consideration in connection with future land acquisition;. Review and comment on the development of use and management recommendations for consideration by the Commission with regard to environmentally significant lands to be protected;. Make recommendations regarding cost-share funding alternatives to leverage bond referendum monies.. Take such other actions as are consistent and necessary in accordance with criteria established in the Environmental Lands Program Guide. Duties and Responsibilities: Comply with the mandate of the electorate vote of November, 1 in accordance with Indian River County policies enumerated herein. Make recommendations to the Board of County Commissioners concerning modifications to the Indian River County Environmental Lands Program Guide to meet the needs of Indian River County. Present to the Board of County Commissioners, for their approval, a recommended program for the purchase of environmentally significant lands.

13 Investigate and consider alternative funding sources for the purchase of environmentally significant lands. Receive and review individual proposals nominated for purchase in accordance with the criteria established in this Guide. Create an annual list for land acquisition in accordance with the criteria established in this Environmental Lands Progam Guide from which due diligence investigations and purchase negotiations shall be commenced. The site list shall begin with those sites listed in the previous year's cycle. Based upon a staff report, make recommendations to the Board of County Commissioners concerning the acquisition of Environmentally Significant sites. The LAAC s recommendation shall specifically identify the land and interest therein to be acquired, and features of the land that meet (and don't meet) the selection criteria set forth in this Guide. Make use and management recommendations to the Board of County Commissioners regarding environmentally significant lands to be protected. The LAAC shall conduct an annual review and evaluation of the environmentally significant lands being considered for acquisition based on the results of purchase negotiations, funding opportunities with State and Federal preservation programs and the criteria established by this Guide, reprioritize same, add new sites or delete sites, and provide a written report of results thereof to the Board. All business of the LAAC shall be conducted by majority vote with no fewer than eleven () members of the LAAC being present. STAFF County personnel shall be assigned by the County Administrator to provide assistance to the LAAC. Duties and Responsibilities: Receive all acquisition proposals. Evaluate proposals for policy and procedural compliance. Ensure appropriate review by the Advisory Committee. Coordinate comments received. Develop a work plan with the acquisition consultant from which due diligence investigations and purchase negotiations shall be commenced. The work plan shall begin with those sites listed in the previous year's cycle as

14 comprising the Acquisition List and include any sites added to such list in accordance with the provisions in this Guide. Said acquisition need not follow the order of listing, but shall be consistent with the goals and policies of the Guide. Coordinate with the acquisition consultant concerning selection by a fair and impartial process, by bid or rotation, appraisers who are duly certified by the Division of State Lands Bureau of Appraisal to conduct appraisals in accordance with applicable State and County standards. Coordinate with the acquisition consultant concerning selection of any contract with qualified vendors to complete boundary maps, surveys and environmental audits in accordance with applicable standards. Manage cooperative efforts, consultation and/or contracts with profit or nonprofit organizations in furtherance of the goals and objectives of this Guide. Arrange for discussions and meetings of committee members, county, state and local governmental agencies, as required. Prepare Approval Memorandum recommendations for County Commission consideration at the direction of the Chairperson/Advisory Committee. Prepare grant applications and proposals. Coordinate negotiations with owners for property under consideration for acquisition. Negotiations may entail direct contact with landowners and/or coordination with State cost-share agency staff and other land acquisition entities, as applicable. Develop purchase contracts; present negotiation results to the LAAC and the County Commission. In instances where matching fund opportunities from conservation partners are available, and to the extent practicable and feasible, follow said partners' land acquisition procedures, it being understood that the adoption of said procedures shall be temporary in nature and applicable only to the specific transaction at hand. Conduct conservation land management tasks in accordance with County Commission approved land management plans, including coordination with volunteers and appropriate environmental agencies.

15 ADVISORY STATUS The LAAC shall be advisory only, and the members shall serve without compensation. GENERAL PROVISIONS Except as provided herein, the provisions of Title 1, Chapter, relating to advisory boards and committees, shall apply to the LAAC. CONFLICTS OF INTEREST No member of the Board of County Commissioners may be involved in the appraisal of or the negotiations for the purchase, sale, or exchange of any real property on behalf of the County. No Board member, LAAC member, County staff member, member of any organization, or agent employed by the County (collectively the "County Authorized Staff") may negotiate, approve, or otherwise participate on behalf of the County in the purchase, sale, or exchange of real property owned or to be acquired by the County, if the County Authorized Staff member or any of his relatives has any financial interest in the land to be acquired. No County Authorized Staff member may provide information obtained by virtue of his/her official capacity to another regarding any proposed acquisition or disposition of property for the purpose of giving the third party an unfair advantage. The County Authorized Staff shall sign a binding statement disclaiming any interest in environmentally significant lands during the period of active negotiations on said lands, and shall also sign a statement that the confidentiality of all appraisals, offers and other negotiation matters shall be maintained in accordance with Chapter 1, Florida Statutes. 1

16 CHAPTER III ENVIRONMENTAL RESOURCE PROTECTION METHODS To protect environmental resources, measures and strategies will be utilized which take the minimum possible interest in lands, including none. The object is to leave as large a proportion of ownership in private hands while still meeting the defined objectives of the land acquisition. Some private rights are regulated under police powers to protect the general health and welfare of the public. These police powers are basic to the following discussion of regulatory authority: REGULATORY CONTROLS (POLICE POWERS) Zoning. This is the process where specific geographic areas are assigned particular uses; for example, residential, business or open space uses are either permitted within an area, or prohibited for the common protection. Zoning is ordinarily accomplished by a local jurisdiction. Zoning can be expressly used to provide some measure of protection. Zoning can be desirable in that it protects environmentally significant lands with a minimum of intervention and cost. It usually enjoys local support. Its principal disadvantage is lack of permanency, since zoning can be changed from time to time. Also, it cannot be used to provide areas for public use without just compensation to the owner. Regulatory Permits. There is a wide variety of state, federal, and local permits required to perform work on private or public lands. Examples of permits are: building permits, dredge and fill permits, land clearing and landscaping permits. DIRECT LAND USE CONTROLS When regulatory controls are not available or feasible, it is often necessary to use more direct land use controls that involve some degree of land acquisition. Since environmentally endangered lands exist in significant quantities on privately owned land, it is often necessary to acquire these lands in their entirety or in partial interest for the protection of environmental resource areas. It is necessary to understand the concept of land ownership. No ownership is a single simple entity but a composite of rights that include: water rights, trespass rights, mineral rights, and development rights, for example. Collectively, these are called property rights. Acquisition may involve all or part of the total property rights. Below are listed the various devices or documents used to transfer property rights between parties. They are listed in degree of rights acquired and subsequently in order of their preference to conform with land acquisition policy. License, Permission, or Special Activity Permits. These are specific authorizations for land owned by another party. They are temporary in nature. Their benefits are simplicity and ease of negotiation. An example would be permission to conduct an inventory. Cooperative Agreement. This is a simple action, since it usually places no legally binding restriction on land. Agreements can be consummated between government agencies, local 1

17 governments, groups or individuals. An agreement is generally long-term, but can be modified by either party. They are most effective in establishing multiple-use management of land. Lease. This is a short or long term agreement for full or specified use in return for a rental payment (usually annual). The rights revert to the owner at the termination of a specified lease period. This device is useful when the objectives are short term or the owners are unable to provide other forms of land transfer. The property remains on the tax rolls during the lease. Generally, rights are reduced during the lease, and taxes are correspondingly reduced because the land is serving a public interest. Easement. Often the acquisition of a single right (less than fee title) or easement can be of value in meeting an objective. Purchase of the right to do something is called a positive easement, while purchase of the right not to do something is termed a negative easement. For example, the purchase of a right to trespass on land would be a positive easement while the right to leave timber standing to prohibit cutting would be a negative easement. Nondevelopment or preservation easements are very often used to ensure that existing environmental concerns remain intact. Easements become part of the title to property and are not usually subject to termination. If a landowner sells his property, the easement continues as part of the title. Easements are especially useful when multiple uses for property can be developed. Properties subject to easements generally remain on the tax rolls, although the assessment may be reduced by the reduction of market value. Fee Title. This is the acquisition of all control of a person's land. There is a total exchange of property by the formal conveyance of title. While a fee title acquisition involves all rights to a property, certain other title acquisitions allow specific rights to be withheld or not purchased. (See water rights, mineral rights, and use reservation below). PROPERTY RIGHTS Under the overall nomenclature of title (generally denoting acquisition of surface usage) certain property rights can be excluded in any transaction. The more common of these are: Water Rights. Many properties have a defined water right associated with them, explicitly expressed in the property title. The law of Florida controls how water rights are administered. When a supply of water is a factor in property value, a determination must be made of what water rights exist and whether they can be purchased separately or whether the owner can be allowed to reserve them for use on other lands. In addition, Florida law provides that waters adjacent to navigable waters are sovereignty lands. As a result, some wetlands adjacent to navigable waters may already be vested with public interest, and acquisition of these lands is probably not necessary because they are already owned by the state and are therefore in the public domain. Mineral Rights. Very often, the right to explore for or extract minerals from land is separated from other rights. A determination of what mineral rights are essential to the proposed acquisition must be made. If mineral exploration or extraction would impact adversely the land, it is necessary that these rights be included in the transaction. On the 1

18 other hand, oil and gas frequently can be extracted in a compatible manner, and substantial acquisition funds can be saved by allowing reservation of these rights. Use Reservation. On some occasions it is desirable to acquire title to land but to permit the existing owner to continue to live on or use the land. This is called "extended use" or "use reservation." For example, if the property in question has a residence unit which is not of immediate need to the program, a life use reservation may be granted to the owner, and the owner can continue to live in the residence for the remainder of the owner's life. Many other types of use reservations can be negotiated, such as agriculture, grazing and hunting. This is a useful tool in developing a land acquisition strategy that has minimal social impact. Use reservations should be phased out at the earliest possible time to ensure proper management of the project. METHODS OF LAND ACQUISITION There are a number of methods available to acquire property rights. These are direct purchase, condemnation, donation, exchange, transfer, or withdrawal. Each property under consideration for acquisition has characteristics that are factors in determining what method is appropriate. A brief discussion of each method follows: Purchase. This is a simple, straightforward means of separately obtaining fee title or an easement. It involves a willing seller/willing purchaser situation wherein the purchaser negotiates the sale of one, some or all rights to property. Purchase agreements have the advantage of being quick, controllable and generally non-controversial. Condemnation. There are occasions when direct purchase is not possible because the owner does not want to sell or will not accept the price offered. When extremely high public values are endangered or threatened or the land is needed for protection, the County can exercise the right of eminent domain (the taking of land without consent of the owner). This judicial process is also called condemnation. The disadvantages are that this process is almost always controversial, frequently creating highly emotional reaction on the part of the landowners and sometimes the community at large. Furthermore, there is little control as to the cost, which is generally determined as a result of a trial. In addition, the County must assume the judgment of the value that the jury places upon the land. The County may also be required to pay additional costs and attorney's fees of the property owners as provided by law. Donation. A citizen or group of citizens may wish to make a gift of property. Such donations are often useful in carrying out the land acquisition program at a minimum of cost. Aside from the cost factor, these acquisitions are no different than any other purchase. Exchange. On occasion, lands under County control can be exchanged for land having greater ability to satisfy the objective of the land acquisition program. This can involve land in private ownership or land under the administration of another governmental agency. Inherent in the exchange concept is the requirement to get dollar value for dollar value. Exchanges for land under current County control are attractive in that they do not increase land holdings and do not require funds for purchase. Another approach that may be considered is the County's acquisition of land for purposes of a pre-determined exchange for property of equivalent dollar value that has greater ability to satisfy land acquisition program 1

19 1 1 1 objectives. Installment Sale. This concept has not been approved in Indian River County; however, an installment sale involves the sale of bonds. The prospective seller would contract to convey property to the County and in return the County would issue a bond. This bond would have to be paid back over a set number of years. The effect of this would be to create a potentially tax free installment sale to the seller. Use of Intermediaries. The County may find it advantageous to work with a private group as an intermediary to facilitate the transaction. Use of these intermediaries can sometimes bring about acquisition more rapidly. 1

20 CHAPTER IV FUNDING/FINANCING The "bottom line" factor in the acquisition of environmentally sensitive lands is the availability of funds. A main component of a local land acquisition program is not only the allocation of local funds for acquisition, but also an aggressive pursuit of funding via inter-agency cost share programs, grants, and cooperative acquisition with private groups such as The Trust for Public Land, The Conservation Fund and The Nature Conservancy. In this chapter, funding and financing alternatives are summarized. JOINT ACQUISITION/STATE PROGRAMS State funding programs summarized in this section are: the (overall) Florida Forever program; the State Acquisition and Restoration Council (ARC) program; the St. Johns River Water Management District's (SJRWMD) land acquisition program; FDEP Parks and Recreation grants; and the Florida Communities Trust program. Florida Forever. The Florida Forever program is a -year, $ billion land acquisition program established by the State in 1 as a continuation of the successful Preservation 000 program. The main objectives of the Florida Forever Act are outlined in this definitions section of this Guide. Approximately $00 million a year is available statewide under the program, contingent upon legislative appropriations. The bond proceeds are distributed as follows: % - Acquisition and Restoration Council (ARC) / Florida Forever %- Department of Environmental Protection (DEP)/ Water Management Districts (WMDs) % - Florida Communities Trust (FCT) 1.% - Division of Recreation and Parks 1.% - Division of Forestry (DOF) 1.%- Fish and Wildlife Conservation Commission (FWC) 1.%- Florida Greenways and Trails Program % - Florida Recreation Development Assistance Progam (FRDAP) grants ARC/Florida Forever Program. The Acquisition and Restoration Council (ARC) Florida Forever Program (f.k.a. the Conservation and Recreation Lands (CARL) program) is administered by the Florida Department of Environmental Protection (DEP). Preservation 000 and the Florida Forever Act have added substantially to the available funds under this program. Land acquisition projects throughout the State are accepted for consideration and ranked annually for purposes of State acquisition priority. Properties that have been acquired under the County Environmental Lands Program with cost-share funds from this program include: the Korangy tract; the Fischer-Sebastian River tract; the Spallone/Archie Carr tract; the Carson Platt Estate tract; and the Captain Forster Hammock Preserve (f.k.a. the Jungle Trail Conservation Area). 1

21 SJRWMD Land Acquisition Program. The St. Johns River Water Management District land acquisition program is a potential funding source, particularly through cost sharing. With the Save Our Rivers (SOR) and Florida Forever programs, the SJRWMD has funding available for the acquisition of lands that are beneficial to the environmental quality of the Indian River Lagoon. The SJRWMD is a co-sponsor of the of the Indian River Lagoon Blueway acquisition initiative, and has partnered with the County in acquiring Blueway property in the Oslo Riverfront Corridor. Also, SJRWMD has acquired land in the St. Johns Marsh area, and may be amenable to cooperative purchase of environmentally significant lands in western Indian River County. FDEP Parks and Recreation Grants. Under Florida Forever, the State Division of Recreation and Parks (DRP) has funding to be used toward the conservation of significant natural lands, in conjunction with recreation facilities. While recreation and park grants are normally associated with land development for recreational purposes, there may be opportunities for funds that could be use for the conservation of native plant communities. Florida Communities Trust. The Florida Communities Trust (FCT) is a non-regulatory agency whose mission is to "assist local governments in bringing into compliance and implementing the Conservation, Recreation and Open Space, and Coastal Elements of their Comprehensive Plans and, in otherwise, conserving natural resources..." [S0.0(), F.S.]. The Florida Communities Trust is a program under the wings of the Department of Community Affairs (DCA). Funds under this program are available to local governments on a cost-share basis, through a competitive statewide application ranking process. Approximately $ million in funds are available for each grant cycle of this program. The FCT has been Indian River County s most frequent cost-share partner in the purchase of environmentally significant land, including such properties as the North Sebastian Conservation Area; the Wabasso Scrub Conservation Area; the Prange Islands; the Oyster Bar Marsh Conservation Area and the Harmony Oaks Conservation Area. LOCAL FUNDING The Capital Improvement Element of the Indian River County Comprehensive Plan provides a summary of local financial resources, as well as state and federal sources. Covered in this section are ad valorem taxes, user fees and charges, special assessments, mitigation funds, and borrowing (e.g., bonds). Ad Valorem Taxes. Ad valorem taxes are based on the appraised value of property. Such taxes are generally assessed in mills, thousandths of a dollar of assessed value. The state mandated millage cap is mills per local government, excluding voted millages. The Board of County Commissioners' policies allow ad valorem tax revenues to be used for both operating and capital expenditures. User Fees and Charges. A user fee is used to recover costs of a good or service from those directly benefiting from them. An example of a user fee is a gate charge for recreational facility use. Special Assessments. Special assessments are compulsory payments levied on real property for specific benefits generated by public investments or services; the assessment levied must fairly reflect the actual costs of the improvement. Examples of special assessments include 1

22 street lighting districts, municipal service taxing districts, and street paving assessments. A special assessment could feasibly apply to recreational use improvement costs. Mitigation Funds. Policies in the Conservation Element of the County Comprehensive Plan allow, in certain circumstances, developers to mitigate impacts on environmentally significant lands by paying a "fee-in-lieu" instead of carrying out other mitigation methods, such as habitat creation, restoration, or preservation. As a result, a pool of funds is accumulating, specifically ear-marked for use to purchase or restore environmentally significant uplands and wetlands for the purpose of habitat conservation. The funds are intended for use to purchase or restore specific habitat types similar to those types adversely impacted by the development that warranted mitigation. Borrowing. Borrowing as a financial vehicle is used to raise money for public purposes that are beyond the realm of current cash reserves, operating revenue and reasonable taxation. Borrowing can be done through either short-term or long-term financing. Short-term financing is usually accomplished by the use of bond pools, issuance of notes, private placements with banks and the public placement of "Voted General Obligation" debt. Longterm financing is usually achieved through bonds issued in the public market. The county may sell bonds for capital improvements without a referendum of the voters if the pledge used for the bond is a non-ad valorem revenue source. Conversely, any bond issue pledging ad valorem taxes requires approval by a voter referendum. General Obligation Bonds are secured by the full faith and credit of the county. Such bonds are secured by a pledge of the issuer's ad valorem taxing power, and require approval by election prior to issuance. In 1, the voters of Indian River County approved an ad valorem tax bond of up to $ million for the purchase of environmentally significant lands. A first bond series of $1 million was issued in 1; the remaining $ million second series was issued in 001. According to the County s bond counsel, these bond funds can be used for initial resource restoration and public access capital improvements in addition to land acquisition. The bond funds cannot, however, be used for ongoing maintenance costs or to pay for county personnel (i.e., staff salaries). PRIVATE GROUP/COOPERATIVE ACQUISITION In addition to state and local land acquisition funding opportunities, profit and nonprofit organizations with expertise in land acquisitions, such as the Trust for Public Land, The Conservation Fund and The Nature Conservancy provide opportunities to protect environmentally significant lands via a cooperative countyprivate group approach. The County, in its discretion, may cooperate and consult with private organizations regarding (a) the conduct of purchase negotiations with the owners of environmentally significant lands; (b) the opportunities for obtaining matching funding towards acquisition; and (c) the various procedures and processes associated with the acquisition and management of environmentally significant lands. Wherever there is the potential for matching funds from other agencies, it shall be the official policy of the County to follow and implement land acquisition procedures which are in harmony with the applicable federal agency, the State of Florida's Conservation and Recreation Lands Program, Save Our Rivers Program and Florida Communities Trust Program or other such funding sources to enhance opportunities for securing 1

23 matching funding for the acquisition of environmentally significant lands, in the best interest of the citizens of Indian River County. 0

24 CHAPTER V LAND ACQUISITION PROCESSES/PROCEDURES The purpose of this chapter is to provide guidance for a sequential procedure that the LAAC can follow, in coordination with county staff, to arrive at conclusions and make recommendations to the Board of County Commissioners on land acquisition matters. The land acquisition review and recommendation process as set forth in this chapter is categorized into five phases. The first phase of the process involves an annual needs assessment, whereby land acquisition policy directives and objectives are reviewed and discussed. Also in this phase, existing and potential funding sources are identified; the Environmental Lands Program Guide may be revised and adjusted in some cases depending on findings. The second phase entails a compilation of lands to be reviewed for acquisition consideration. The compilation of lands includes staff recommendations and other lands that may be nominated during a specific year. The third phase of the process is evaluation and prioritization of the lands identified for review, based on resource characteristics, proximity to greenways and wildlife corridors, financial/purchase opportunities, and management considerations. In this phase, properties are evaluated for alternative protection methods (other than fee title acquisition). As a part of this phase, the LAAC will establish, amend or maintain its list of land acquisition projects. The fourth phase consists of staff developing work plans for projects on the LAAC acquisition list, including: identifying and applying for cost-share funding (subject to LAAC review and Board approval); scheduling and undertaking pre-acquisition tasks (e.g., obtaining appraisals); and negotiating purchase contracts (through and in coordination with the county s acquisition consultant). Relating to this phase, staff will provide a summary report to the LAAC at each LAAC meeting as to the current status of each project on the LAAC acquisition list. Also during this phase, staff and the acquisition consultant (and its associates) will draft conceptual management plans (for lands for which the County is proposed to have management responsibilities). The fifth phase consists of staff presenting negotiated purchase contracts to the LAAC for consideration and recommendations, and then to the Board of County Commissioners for approval consideration at a duly advertised public hearing. Staff s presentations under this phase will include analyses and recommendations on funding and management (including drafted conceptual management plans, as applicable). In all cases, staff will advise the Board of LAAC s recommendations. In addition, however, the LAAC may delegate, as it deems warranted on a caseby-case basis, a LAAC member (or members) to present LAAC s recommendations (majority and/or minority reports) directly to the Board. Emergency acquisition procedures are addressed at the end of this chapter, pertaining to circumstances when the normal sequential procedure for land evaluation is not appropriate for a particular property due to immediate development threat and time constraints. Following is a flow chart depicting the land acquisition process and procedure; each phase is described in detail later in this chapter. 1