From News-leader

We don't know if the 25-foot minimum wetlands buffer will be sufficient to protect our environment and our property, and neither does the Nassau County Commission.

The science on this topic is uncertain. The politics, however, builders versus environmentalists, was certain. In the end, commissioners voted 4-1 to end a years-long political controversy over whether to reduce minimum wetlands buffers.

It was not a conservative decision. That would have been to keep the 50-foot minimum buffer until there was substantial scientific evidence to reduce it.

There really was no scientific evidence to support the 50-foot buffer when the commission adopted it in 1992, and the St. Johns River Water Management District has ruled that 25-foot buffers could be adequate under some conditions.

But the technical arguments are not persuasive, according to local scientist Munsell McPhillips, who cautioned against reducing the buffer requirement.

McPhillips noted the importance of wetlands buffers for flood protection, drinking water (ground water recharge) and support of vital industries like fishing and tourism.

She noted that development creates flood hazards that wider buffers mitigate. If we don't utilize wetlands buffers the government may have to finance expensive stormwater projects at taxpayer expense.

McPhillips also asserts that pollution could overload the estuary and reduce the productivity of fisheries as more and more detention ponds discharge partially treated water.

She also contended the negative effects of rapid development on our economic viability, including tourism, would be exacerbated by smaller buffers.

Her essential point - what we don't know can hurt us, so why not be conservative and maintain the current wetlands buffers - is well taken.

The county commission didn't take it, though. Perhaps the commissioners are correct. We certainly hope so. In years to come we will find out.

Story created Apr 15, 2006

Nassau County's 14-year-old wetland buffer controversy is over.

The county commission finally settled the issue Monday with a 4-1 vote that cuts the minimum buffer requirement of 50 feet in half to 25 feet.

The move was seen as a victory for private property rights by builder and real estate associations, and a defeat for environmental and conservation groups.

Commissioner Jim B. Higgin-botham made the motion to reduce the minimum buffer, which was seconded by Commissioner Floyd Vanzant.

District 2 Commissioner Ansley Acree cast the lone vote against it.

Previously, she made a motion to leave the wetland buffer at an average of 50 feet, but the motion died due to lack of a second.

After months of wrangling over the issue, which dates back more than a decade, commissioners continued to debate it right up until Monday night's vote.

After making his motion, Higginbotham defended his decision and refuted claims he was influenced by financial contributions from developers.

"I have not taken one dime from builders or developers," he said. "It's an insult to me to say I've taken a $150 to $200 bribe. I'm not changing my policy at all."

After the meeting, Higginbotham clarified his statements, saying he was inundated with phone calls and e-mails the past few weeks from citizens "making accusations I was in developers' pockets."

He said those accusations were referring to campaign contributions, not bribes. "If you look at my track record, I've always been for reducing (the buffer)," he said. "I haven't changed my position at all."

Commissioner Tom Branan also defended the decision to reduce the buffer. He said he's lived on a tidal creek for 34 years in Pirates Woods subdivision and would not have supported it if he felt it would jeopardize water quality.

"I wouldn't put my children and grandchildren in jeopardy over 25 feet if I didn't think it was the thing to do," he said. "The majority of pollutants are coming from our own homes, from pesticides and fertilizer."

He also defended his action against accusations he was influenced by developer money. He said he has received campaign contributions from developers or builder groups in the past, but added, "they didn't want me to support the $6,000 impact fee, I'll tell you that."

Branan was referring to substantial increases in new construction impact fees the board approved in 2005.

Despite testimony from experts on both sides of the issue that continued at a Monday morning workshop, Branan and Higginbotham said they were never convinced scientific evidence proved a 25-foot buffer could harm the environment.

Both cited the recent St. Johns River Water Management District decision to reduce its minimum buffer requirement to 25 feet. St. Johns County also reduced its buffer to 25 feet after a long court dispute.

Commissioner Marianne Marshall said that also influenced her decision.

"When we put 50 feet in the comprehensive plan (in 1992) there was no scientific basis behind it," she said. "If St. Johns wants to change it - then do it - we pay them good money to make those kinds of decisions," she added, referring to the county's membership in the district.

While representatives for the Northeast Florida Builder's Association made a presentation to the board at Monday morning's workshop, none spoke at the evening's public hearing.

However, Sierra Club members and other concerned citizens did.

Sierra Club members admitted there were many unknowns about the environmental impacts of reduced wetland buffers, but urged the commission to err on the side of caution.

"This is an unadulterated gamble," Munsell McPhillips said.

Joan Bean told commissioners Nassau should not follow the lead of St. Johns. "For God's sake, let's keep what we've got," she said. "We don't want to follow someone else's rules. They're spending millions to clean up the St. Johns River right now."

Monday's vote will be forwarded to the Department of Community Affairs in Tallahassee, where it will have to be ratified before it can be placed in the county's comprehensive plan.

County Attorney Mike Mullin said DCA has indicated previously it would support the 25-foot buffer.

By Benjamin Price, News-Leader
bprice@fbnewsleader.com