Mangroves are tropical plants that are adapted to loose, wet soils, salt water, and being periodically submerged
by tides.
Four major factors appear to limit the distribution of mangroves: climate, salt water, tidal fluctuation and soil
type.
There are more than 50 species of
mangroves found throughout the world. Three species of mangroves are
native to Florida: Red mangrove (Rhizophora mangle), Black mangrove (Avicennia
germinans) and White mangrove (Laguncularia racemosa).
MANGROVE FUNCTIONS AND VALUES:
Mangroves trap and cycle various
organic materials, chemical elements, and important nutrients in the
coastal ecosystem.
Mangroves provide one of the basic food
chain resources for marine organisms.
Mangroves provide physical habitat and
nursery grounds for a wide variety of marine organisms, many of which have
important recreational or commercial value.
Mangroves serve as roosting and nesting
sites for many of our birds.
Mangroves serve as storm buffers by
reducing wind and wave action in shallow shoreline areas.
Mangroves assist in protecting water
quality and clarity by filtering runoff and trapping sediments and debris
from adjacent uplands.
Through a combination of the above
functions, mangroves contribute significantly to the economy of many
coastal counties of Florida and the State of Florida.
MANGROVE TRIMMING AND ALTERATION
REGULATIONS:
The law regulating the trimming and
alteration of mangroves (The Mangrove Trimming and Preservation Act) was
amended by the 1996 Florida Legislature and became effective July 1, 1996,
replacing all previous state regulations regarding the trimming and
alteration of mangroves. The Department of Environmental Protection
(department) has been given the responsibility of implementing the new
law.
No herbicide or other chemical may be
used for the purpose of removing leaves of a mangrove.
The following are definitions for terms
used in the new law:
1. 'Alter' means anything other than
trimming of mangroves.
2. 'Trim' means to cut mangrove
branches, twigs, limbs, and foliage but does not mean to remove,
defoliate, or destroy the mangroves.
3. 'Riparian mangrove fringe' means
mangroves growing along the shoreline on private property, property owned
by a governmental entity, or sovereign submerged land (submerged
state-owned land), that do not extend more than 50 feet waterward, as
measured from the trunk of the most landward mangrove tree, in a direction
perpendicular to the shoreline to the trunk of the most waterward
mangrove. Riparian mangrove fringe does not include mangroves on
uninhabited islands, or public lands that have been set aside for
conservation or preservation**, or mangroves on any lands that have been
set aside as mitigation, unless provisions for trimming are provided in
the instrument that established the mitigation.
4. 'Professional mangrove trimmer'
the following persons are qualified as professional mangrove trimmers:
a) Certified Arborists, certified by the
International Society of Arboriculture;
b) Professional wetland scientists,
certified by the Society of Wetland Scientists;
c) Certified environmental professionals,
certified by the Academy of Board Certified Environmental Professionals;
d) Certified ecologists, certified by the
Ecological Society of America;
e) Licensed Landscape Architects; and
f) Persons that have been granted
professional mangrove trimmer status by the Department of Environmental
Protection.
5. 'Department' means the Florida
Department of Environmental Protection.
6. 'Delegated' local government means
a county or municipality that has received delegation of authority, from
the department, to regulate the trimming and alteration of mangroves
within the jurisdictional boundaries of the delegated local government.
EXEMPTIONS:
(mangrove trimming activities that do not require a permit from the
department or delegated local government)
* No permit is required for a property
owner, or someone the property owner supervises, to trim mangroves located
in a riparian mangrove fringe on property they own or control or on
sovereign submerged lands (see next paragraph), if the current height of
the trees do not exceed 10 feet in height (measured from the soil to the
tallest point of the tree). These trees may be trimmed down to a height of
no less than 6 feet (measured from the soil to the top of the trimmed
tree) by the property owner or someone they supervise. If the mangrove
trees are taller than 10 feet, the property owner must use a professional
mangrove trimmer to trim the trees. Trees must not be trimmed below a
height of six feet. If the shoreline along the riparian owners property
exceeds 150 feet in length, no more than 65% of the mangroves along the
shoreline may be trimmed.
**Sarasota County has designated many
mangrove areas as conservation or preservation under the County's
comprehensive plan. This measure protects mangroves on public lands (this
includes many areas below the mean high water line) in Sarasota County
from being trimmed under the riparian mangrove fringe exemptions without a
DEP issued permit. Permits may be issued for trimming in these areas which
allow riparian owners to create a view of the water while also protecting
the viability and functions of the mangroves.
Trimming of mangroves in a riparian
mangrove fringe area that exceed 10 feet in pretrimmed height, must be
supervised or conducted exclusively by a professional mangrove trimmer.
The mangroves must be located on lands owned or controlled by the
professional mangrove trimmer, or the person contracting with the
professional mangrove trimmer, or on sovereign submerged lands
(state-owned submerged lands) immediately waterward and perpendicular to
such lands. Mangroves that are taller than 24 feet cannot be trimmed and
no mangrove may be trimmed below a height of 6 feet under this exemption.
Mangroves that are 16 to 24 feet in height must be trimmed in stages so
that no more than 25 percent of their foliage is removed within a one year
period. If red mangroves are being trimmed for the first time under this
exemption, the professional mangrove trimmer must notify the department or
delegated local government, in writing, at least 10 days before the
trimming activities begin. If the shoreline along the riparian owners
property exceeds 150 feet in length, no more than 65% of the mangroves
along the shoreline may be trimmed.
No permit is required to trim
mangroves, that are located in a riparian mangrove fringe, to reestablish
or maintain a previous mangrove configuration so long as the trees do not
exceed 24 feet in pretrimmed height and the trees are not destroyed,
defoliated or removed. If the trees are currently taller than 10 feet
(measured from the soil to the tallest point of the tree) a professional
mangrove trimmer must be used to conduct the trimming. Proof of the
previous mangrove configuration must be available through an affidavit
from someone with personal knowledge of the previous configuration,
current or past permits, or photographs. If red mangroves are being
trimmed for the first time, the department or delegated local government
must be notified in writing at least 10 days before the trimming occurs.
Mangroves trimmed under an exemption or
government authorization can be maintained without a permit so long as the
specifications of the exemption or government authorization are not
exceeded (e.g., height, configuration). Trimming under this exemption is
not limited to trees located in a riparian mangrove fringe.
Various exemptions are provided for
mangrove trimming by surveyors, and governmental entities.
PERMITS:
Persons wishing to conduct mangrove
trimming activities that do not qualify for one of the exemptions
described above, and the mangroves proposed to be trimmed are located in a
fringe that is 500 feet in width or less and not located within the
jurisdictional boundaries of a delegated local government, must apply for
a general permit from the department.
Persons wishing to conduct mangrove
alteration or trimming activities that do not qualify for one of the
exemptions or general permits, must apply for an individual permit to
alter or trim mangroves from the department or a delegated local
government.
For more information on mangrove regulations, contact the Southwest
District Office of the Department at 813-632-7600. In Hillsborough and
Pinellas counties are delegated, please contact the agencies below:
Facts about Mangroves in Florida
2012 State of Florida