Chapter 4 - Local and State Conservation Programs

Local Resource Conservation Programs

The Local Government Comprehensive Planning Act of 1985 required that all local governments in the state adopt a local comprehensive plan to chart the growth of the community for at least the next five years. The plans are to contain various mandatory and discretionary elements, each with goals, measurable objectives and policies that will guide all decisions on growth and development within the community. Within a year of adopting the plan, each government are to adopt or update land development regulations to implement and be consistent with the comprehensive plan. After the adoption of the plan and land development regulations, all local governments' development are required by law to be consistent with the adopted plan.

Each plan is required to contain a capital improvements element, intergovernmental coordination element, future land use element, traffic circulation element, sanitary sewage, solid waste, drainage, potable water and natural groundwater aquifer recharge element, conservation element, recreation and open space element, housing element, and for coastal counties including Wakulla and Jefferson counties, a coastal management element.

Each plan, adopted pursuant to the 1985 act, was submitted to the state Department of Community Affairs for review of its compliance with the State Comprehensive Plan, the appropriate Comprehensive Regional Policy Plan (now called the Strategic Regional Policy plan) and the rules of the department. All three counties within the St. Marks Basin have adopted their comprehensive plans and submitted them to the state. The City Tallahassee-Leon County and Jefferson County's plans have been found in compliance. Wakulla County's plan has been found not in compliance and is continuing to undergo revision to meet the state requirements. The only incorporated municipality within the study area is the Town of St. Marks which has completed its plan and has been found to be in compliance.

Each of the applicable local comprehensive plans is based on a general model provided by the Department of Community Affairs as part of its technical assistance program to local governments. For this reason, the basic format of each plan is similar, although they have been modified to deal with specific local conditions. The Wakulla and Jefferson County plans are fairly similar in scope and overall impact. The counties have about the same populations, but have very different geographical features. Jefferson County has adopted a series of land development regulations implementing its plan, while Wakulla has adopted only one applicable regulation, and none that are required by its comprehensive plan. This regulation is the groundwater protection ordinance for Wakulla Springs and the sinkholes to the north. Wakulla County has decided to wait until it completes its plan in a manner which would be approved by the state before it adopts its required land development regulations. The local comprehensive plan for the town of St. Marks reflects the community's desire for only a small amount of growth to its small population (approximately 350 people) or area (approximately 1000 acres).

The City of Tallahassee/Leon County plan is the only joint local government comprehensive plan in the state. Given its urban nature, this plan is much more detailed in order to meet the demands of a large and growing population. As might be expected, Tallahassee-Leon County's land development regulations are (more elaborate and) complex than that of the adjoining local governments. The comprehensive plan is a mutual product of the City of Tallahassee and Leon County. This plan is administered by the Tallahassee -Leon County Planning Department.

All of the areas comprehensive plans contain general language about protecting wildlife and other natural resources, providing open space and recreational opportunities such as bike trails. The plans also contain other provisions that could serve as a base for the protection of the greenway once it is established. However, none of the plans have any specific greenways included in them. This omission is not surprising considering that the concept of greenways has gained acceptance as a conservation tool since most of the local comprehensive plans were initially adopted. The major difference between the plans as they relate to the potential for the designation and protection of greenways is that the Tallahassee/Leon County plan calls for local development and management of recreation areas for its citizens while the other local governments generally leave that to federal or state governments. Tallahassee and Leon County has greater fiscal resources to develop and manage recreational facilities than the rural governments which provide only limited local recreational facilities. In the past these rural governments have relied upon state or federal programs to provide such recreational facilities. Few local funds have been dedicated to maintain or developing new facilities. To overcome this hurdle, partnerships between governments and the private sector should be established or strengthened to further the development and management of facilities and infrastructure to complement the greenway.

Town of St. Marks

The town of St. Marks is at the southern apex of the St. Marks watershed. Its local comprehensive plan generally reflects the need to protect the St. Marks and Wakulla rivers through its adoption of minimum vegetative buffers (25 feet). The Town of St. Marks has included no specific protection schemes. It recognizes the existence of the "Rail to Trails path" which runs the length of the town and has its southern terminus there. However, the Trail receives no special protection in its Land Use Element or Conservation Element, nor does the plan appear to recognize its economic and recreational value for the community and surrounding area. The Intergovernmental Coordination Element does not provide a process for solving disputes or working with adjacent governments in a comprehensive or continual basis.

Wakulla County

Since most of the St. Marks watershed falls within Wakulla County, the Wakulla County Comprehensive Plan will have the greatest impact on any greenway established within the basin. T he provisions of the county's plan recognize the public lands, rivers and other resources within the county, including Wakulla Springs State Park and the Tallahassee-St. Marks Historic Railroad State Trail, but fails to provide any special plan, program or requirement for their protection. This is left entirely to the land development regulations which have not yet been adopted, and to the plans of state and federal agencies.

The Capital Improvements Element of the Wakulla County comprehensive plan sets the level of service for hiking trails at one mile per 20,000 people and for bike paths at 1 mile for every 5,000 people. Both levels of service are currently being met by the Florida National Scenic Trail and St. Marks Rail Trail which pass through the county. The Conservation Element states that the county will cooperate with the state in finding appropriate lands to acquire for the rails-to-trails programs.

The protection of wetlands in Wakulla County is addressed in the Land Use and Conservation Elements as well as in most of the other elements. Thirty five foot development setbacks and 40 foot special interest zone has been established for wetlands and sinkholes. Seventy five foot non-disturbance zones of native vegetation are required along the rivers, except for certain water dependent uses for which small areas of disturbance are allowed. The 100-year floodplains and certain floodways also receive some protection from the impacts of building. Private lands in the floodways along the county's rivers are designated as Conservation on the Future Land Use Map. These areas are defined as those lands within the 25-year flood plain where waters flow in the general direction of the river channel.

The comprehensive plan requires that wildlife and their habitats are to be protected, but the method for doing so is left entirely to land development regulations yet to be adopted. Many of the elements of the plan, do however recognize the importance of wildlife protection. The Coastal Element recognizes of the importance of protecting Apalachee Bay for commercial and recreational fishing, but includes few specific protection mechanisms for coastal habitats. Furthermore, no mention is made of coastal recreational opportunities such as the legislatively designated Big Bend Historic Salt Water Paddling Trail along the coast.

Though the county has identified canoe trails on three of its rivers in its data and analysis, none are specifically mentioned in the plan. River protection of within the county has received some attention, however, protection and enhancement of water dependent uses are not mentioned in the comprehensive plan. The plan does not mention the Florida National Scenic Trail as a special part of the St. Marks Wildlife Refuge and Apalachicola National Forest nor the federal wilderness areas in the refuge or in the national forest. Wakulla County has begun investigating methods for designating and protecting canopy roads. Provisions for bicycling are included in the Traffic Circulation Element.

Wakulla County has adopted one land development regulation that restricts certain chemicals from being stored in the sinkhole zone from Wakulla Springs to the north in a narrow, one-mile wide area. Though Wakulla County has an Intergovernmental Coordination Element, it does not establish any processes for coordination or dispute resolution with its neighboring local governments.

Jefferson County

Jefferson County's local comprehensive plan is similar to that of Wakulla County. Though Jefferson County's plan recognizes the St. Marks River watershed, no special protection mechanisms exist for the St. Marks River as is provided for the Aucilla River. The Conservation land use category does not include any private lands, and is specifically limited to publicly owned lands. Most of the Jefferson County's lands within the watershed are managed for silviculture. These silvicultural uses are controlled through the state's Best Management Practices.

Jefferson County's comprehensive plan recognizes the importance of linear trails by considering the feasibility of establishing a county-wide plan for bikeways and horse riding paths. It also describes a canopy roads bicycle trail, the Wacissa River canoe trail and the Spanish and Bellamy historic trails. The plan directs the land development regulations to establish protection for various canopy roads within the county; however, these have not yet been adopted.

City of Tallahassee/Leon County

The Tallahassee/Leon County Comprehensive Plan is much more comprehensive and sophisticated than the other three plans covering the watershed. This plan contains similar basic provisions as those already discussed, but it recognizes the importance the parks and park planning, open space and recreation. Unfortunately, it too fails to recognize the concept of greenways or the use of linear connectors for recreation, non- motorized transportation and wildlife habitat protection. The Environmental Planning section of the Tallahassee-Leon County Planning Department is currently initiating a countywide greenway conservation plan.

Special provisions are included in the Transportation Element for the establishment of a Tallahassee - Leon Bicycle Plan and for the interconnection of travelways within the county for bicycle traffic. These are included to help alleviate auto congestion as opposed to the establishment of specific greenways or trails, but these provisions are a very important basis for future greenways development. The plan's Recreation Element does not adequately protect the Tallahassee-St. Marks Historic Railroad State Trail, but it does reference it in its Data and Analysis. The Transportation Element references the plan to extend the rail-trail north from the Capital Circle trailhead to Florida State University.

The extensive listing of parks and other public recreational facilities in the plan, as well as the expressed need for continued expansion of recreational opportunities, give a firm foundation for greenways development. These provisions place emphasis on local government action. This is very different from the other three plans, in which the more rural local governments are more than willing to allow state or federal management policies to dictate the location and type of recreational facilities.

The Tallahassee/Leon County Comprehensive plan also contains numerous provisions for wetlands, sinkhole and wildlife protection as well as the designation of open space. Various land development regulations contained in the Environmental Management Act implement these provisions.

The State of Florida has many programs which can assist with greenway conservation efforts. Many of the existing programs are geared to land acquisition and/or recreation facility development. Preservation 2000 is the most progressive land acquisition program in the country. Preservation 2000 has been the funding source for many of Florida's land acquisition programs since 1991. It provides nearly $300 million of annually bonded funds for many different conservation programs. The law directs approximately $30 million toward parks, trails, game and forest management, $30 million toward implementing growth management locally, $90 million toward protecting water resources, and $150 million toward conservation of wildlife habitat, forests and coasts. Preservation 2000 dollars assist in the funding of the following programs. 

* Conservation and Recreation Lands Program (CARL)

* Florida Communities Trust Program

* Save Our Rivers

* Rails to Trails / Florida National Scenic Trail Acquisition Program

* Land Acquisition Trust Fund -Additions and Inholdings

* Game and Fresh Water Fish Commission Wildlife Habitat Trust Fund

Other state programs that may be useful for greenway conservation are the Surface Water Improvement Management (SWIM) Program, Historic Preservation Trust Fund, the Florida Recreational Development Assistance Program, special legislation and designations.

CARL Program

The Conservation and Recreation Lands (CARL) land acquisition program is administered by the Florida Department of Environmental Protection Like all other state land acquisition programs, CARL is a willing seller program, meaning the state only pursues acquisition of a piece of property if the property owner is willing to sell the property to the state. The CARL program purchases environmentally endangered lands for state parks, forests, wildlife management areas, beaches, and recreation areas. CARL projects typically are environmentally sensitive lands that have unique or rare habitats, endangered or threatened species, or unique geological features (Gluckman 1991). CARL is also used to:

* Conserve floodplain lands, marshes, and estuaries in order to protect and enhance water quality and quantity, and wildlife not otherwise protected by local or state regulations; and

* Preservation of significant archaeological or historical sites (Gluckman 1991).

CARL projects tend to conserve the large natural systems and connecting components of the strategic greenway network.

Florida Communities Trust Program

The Department of Community Affairs administers the Florida Communities Trust which provides local governments assistance in implementing their local comprehensive plans. The trust administers a grant program which awards local governments funds for local land acquisition projects. Projects are selected if they further the objectives of growth management, natural resource conservation and outdoor recreation and demonstrate uniqueness. This program gives points for local greenway conservation projects.

Save our Rivers

The Save Our Rivers program is administered by each of the State's five water management districts. Each water management district is required to develop a five year plan laying out proposed land acquisitions for the district. Save Our River projects are selected based on water quality protection, natural communities protection, nonstructural flood control and protecting groundwater recharge areas. Save Our River projects often provide public use benefits by providing additional park lands for local communities. Save Our Rivers is funded through the Water Management Lands Trust Fund, which is administered by the Florida Department of Environmental Protection. This program has conserved many river and wetland greenways throughout the state.

Land Acquisition Trust Fund (LATF)

The Land Acquisition Trust Fund was established in 1963 as a mechanism to fund acquisition of lands for parks and recreation areas. The portion of LATF under Preservation 2000 targets private inholdings within parks and forests. All LATF acquisitions are concerned primarily with the recreation value of the land and their accessibility by the public (Gluckman 1991).

Game and Freshwater Fish Commission Wildlife Habitat Trust Fund

The Fish and Wildlife Habitat Trust Fund is a Preservation 2000 funded program which seeks to purchase lands that are important to the conservation of fish and wildlife.

Rails to Trails/Florida National Scenic Trail Acquisition Program

This program was established to purchase abandoned railroad right-of-ways and protect sections of the Florida National Scenic Trail. The Rails to Trails Program is a Preservation 2000 funded program that has focused on acquiring abandoned railroad rights of way which considers the current and future recreational need, costs sharing potential with other agencies, and the timing of the availability of the right of way (Gluckman 1991).

The Historic Preservation Trust Fund (HPTF)

The HPTF is a grant in aid program for individuals or governments that wish to identify and restore historic structures or sites. The program does not acquire property, but instead gives grants to fund planning and development or historic property acquisition by non-profit organizations and local governments. Projects are selected on criteria such as purpose, economic and other public benefit, and cost.

Surface Water Improvement and Management Program (SWIM)

The Surface Water Improvement and Management (SWIM) Program was created by the legislature in 1987 to protect and, where necessary, restore surface water bodies of state or regional importance. Each water management district is responsible for developing a SWIM programs involving three major phases: (1) development of a SWIM priority list of waterbodies of regional or statewide significance, (2) development of management plans for the waterbodies in priority order, and (3) implementation of the management plans (Snowden and Cairns 1993). The SWIM program has the ability to provide funding for extensive restoration of degraded waters. When combined with the district's Save Our River Program, the SWIM program provides an excellent tool for river conservation.

Other Programs

Several Florida rivers have been provided special legislation for their preservation including the Wekiva River in central Florida. In 1988, Governor Bob Martinez created the Wekiva River Task Force to evaluate existing regulatory, planning, and land acquisition programs of state, regional and local governments affecting the Wekiva River sub-basin. Two years later the Task Force submitted its report to the Governor recommending new legislation and changes in the current planning, management, and regulatory processes. The St. Johns River Water Management District and the East Central Florida Regional Planning Council strongly supported the legislative initiative. The special legislation originated from the lack of local government initiative to protect and to conserve the Wekiva River corridor from residential development expanding northward from the Orlando metropolitan area. The act which was passed by the legislature in 1989 established habitat protection zones, increased buffer widths and new requirements for development of regional impact's that fall within the Wekiva River Protection Zone.

Fortunately, since the St. Marks and Wakulla rivers are not subject to as intense development threats as the Wekiva River, they probably do not warrant such special legislative protection. Another option is designation as a state or national wild and scenic river. Under the federal designation program, the Wakulla and St. Marks rivers would likely only qualify as a recreational river because of the adjacent development and the many bridges over the rivers. The Sopchoppy River is under consideration for federal wild and scenic designation, and the Myakka River in southern Florida has been designated a state wild and scenic river by the Legislature. The Florida Aquatic Preserve designation program may also benefit conservation of the greenway by protecting water quality. The Florida State Rural Development Council within the Florida Department of Commerce is also available to assist local governments and citizens in developing economic opportunities related to conservation of the greenway.

The silvicultural operations which occur over a large portion of the watershed are controlled by the state Department of Agriculture and Consumer Affairs through its 1993 Best Management Practices. It provides for various protection mechanisms for logging along rivers, streams, lakes and sink holes. The functions of wetlands also receive some protection by the BMPs.

Summary of State Programs

These land acquisition programs, policies and laws enacted by the state and federal governments may assist in conserving St. Marks and Wakulla Rivers Greenway. In the greenway sections where there are large single land ownerships, fee- simple land acquisition and less-than-fee simple conservation provide excellent opportunities for greenway conservation if the owners are willing to participate. In the subdivided areas and areas where development has already occurred, the best alternatives for greenway conservation are proper land use planning and regulation, education about greenway stewardship, and innovative site designs and management.