Southwest Florida Water Management District Governing Board Report: December 2008

Modification of the Turfgrass Restrictions for Hillsborough, Pasco and Pinellas

The Southwest Florida Water Management District’s Governing Board approved to modify the tightened turfgrass restrictions for Hillsborough, Pasco and Pinellas counties that are part of the Modified Phase III Extreme Water Shortage that was implemented in the three counties at the October 2008 Governing Board meeting.

All other counties within the District’s boundaries continue to be under the Modified Phase II Severe Water Shortage.

On December 10, 2008, the District held a special meeting of the Green Industry and Agricultural Advisory Committees. The meeting was well attended by sod and landscape industry representatives who expressed concerns relating to the economic impact to their businesses that the new sod and turfgrass renovation restriction would have. In addition, the meeting brought attention to the amount of water sod actually needs and the increased need of educational efforts to homeowners that consistently over water their lawn and landscape.

The modifications apply to both new construction and lawn replacement. The changes include:
• Restricting the new construction and turfgrass replacement establishment period to 30 days total.
• On days 1-15, beginning the day of installation, the new or replacement turfgrass may be watered every day of the week.
• On days 16-30, the new or replacement turfgrass may be watered approximately every other day. Unless otherwise specified by a local ordinance, even-numbered addresses may only water on Tuesday, Thursday and Saturday. Odd-numbered addresses may only water on Wednesday, Friday and Sunday.

The Modified Phase III Extreme Water Shortage has additional restrictions such as:
• Restricting the time for hand-watering or micro-irrigation for non-lawn landscaping to before 8 a.m. or after 6 p.m.
• Reducing the 60-day allowance for new plant (non-sod) establishment. During days 31-60, only every-other-day watering is allowed.
• Reducing the time aesthetic fountains and waterfalls may operate from eight hours to four hours per day.
• Limiting the use of unattended line flushing by water utilities.
• Requiring water utilities and other local enforcement officials to increase their enforcement efforts.

Several Governing Board members commented on the exceptional way the sod and landscape industry conducted themselves throughout this process. The board members received many letters and phone calls from members of the industry that were the picture of professionalism. They stated the industry’s concerns were well thought out and many good ideas were brought to the table. Governing Board members also expressed their desire to continue working with the industry in the future.

Merging of the Northwest Hillsborough and Hillsborough River Basin Boards

At the December Governing Board meeting, the board authorized initiation of rulemaking to merge the Northwest Hillsborough and Hillsborough River Basin Boards.

As reported last month, the idea of merging Basin Boards came out of recommendations from the Senate Committee on Environmental Preservation and Conservation Report “Agency Sunset Review of the Water Management Districts” and the Office of Program Policy Analysis and Government Accountability (OPPAGA) “Sunset Memorandum on Governance of Florida’s Water Management Districts: Options for Legislative Consideration.”

The existing millage rate of the Northwest Hillsborough Basin is 0.2421, and the Hillsborough River Basin millage rate is 0.2547. Staff recommends applying the lower of the two millage rates if the two Basins are combined. The millage rate would take effect Fiscal Year 2010, which begins October 1, 2009.

The Northwest Hillsborough Basin Board consists of five members from Hillsborough County. Currently, one of the seats on the board is vacant. The Hillsborough River Basin Board consists of one member from Pasco County, one member from Polk County and three members from Hillsborough County. The Hillsborough River Basin Board also has a seat from Hillsborough County vacant. If the Basin Boards combine, the two vacant Hillsborough County seats will be eliminated and the currently filled seats will remain.

Also, if the Basin Boards combine, all existing projects/programs and their associated budgets will remain as is. Based on current property values, consolidation of the two Basin Boards would result in an anticipated reduction of nearly $600,000 in tax assessments for the nearly 800,000 residents of the existing Hillsborough River basin. Additionally, merging the two Basins would eliminate duplication of work totaling approximately $50,000 annually in staff resources.

Approval of ERP Revisions for the Continued Protection of Nesting Habitat of Bald Eagles
The District’s current Environmental Resource Permit (ERP) rules provide protection to aquatic and wetland dependent wildlife species that have been classified by the Florida Fish and Wildlife Conservation Commission (FWC) as endangered, threatened or a species of special concern. Currently the rules include the Bald Eagle as a threatened species.

In April 2008, the FWC removed the Bald Eagle from Florida’s list of wildlife species that are classified as threatened. The FWC also approved Bald Eagle Management Guidelines, incorporated by reference into new rules for non-listed nongame birds that are specific to the Bald Eagle (68A-16.002, F.A.C.). These guidelines acknowledge the need for continued protection of nesting habitat and that implementation will require the cooperation of local, state, and federal governmental agencies, non-government organizations, business, agriculture and forestry interests, universities, and the public.

Although the Bald Eagle is no longer classified as threatened in Florida, protection is continued under the Federal Bald and Golden Eagle Protection Act (Eagle Act). The Eagle Act prohibits a “take” of any Bald Eagle or of any Bald Eagle part, egg or nest except as authorized by federal regulators. The term “take” covers a broad range of actions including those that disturb an eagle.

Understanding the Bald Eagle is no longer classified as a threatened species, but recognizing the provisions in the Eagle Act, the District proposed that the nesting habitat of Bald Eagles continue to be protected under the current ERP rules. New ERP revisions propose language to update the rule and statutory references to listed wildlife and plants. Other revisions propose to add a reference to the Bald Eagle as well as reference the FWC Bald Eagle Management Guidelines and permits. These amendments require that an ERP applicant demonstrate reasonable assurance that a regulated activity will not cause adverse secondary impacts to Bald Eagle nest sites or to critically impact feeding areas. Reasonable assurance may be provided by consistency with the FWC Bald Eagle Management Guidelines or the receipt of a Bald Eagle permit from the FWC. New revisions also allow an applicant to mitigate for certain adverse secondary impacts to Bald Eagles that are unavoidable.

Current Rainfall Data
2008 Rainfall (in inches)