FloridaTreeHugger

After a story I wrote in The Island Sand Paper concerning mangrove cutting, one of our readers drew my attention to more mangroves that have been cut further south in the Little Estero Island Critical Wildlife Area.  I headed down and met with Don Cady and his wife Joan, who showed me what amounted to nothing less than wholesale slaughter of some of the mangroves along the 8000-8100 block of Estero Boulevard.

“I can sympathize with a certain amount of maintenance cutting, but some of this is just blatant disregard for the law, not to mention the environment and our town,” Don told me as we walked from the Laguna Shores Beach Access, south along the edge of the Critical Wildlife Area. To the left, houses stood facing their view of the Gulf and Little Estero Island, a view that is blocked when the mangroves bordering Little Estero Island get too high. Some of the mangroves stood tall and intact, but we could see, in front of some houses, where they had been obviously trimmed.

Further along, I was shocked and saddened to see that – in some areas - it went beyond trimming. In some sections, there were piles of dead mangrove trees lying next to the stumps where they had been chopped down. In one long section, some 700-800 feet, all the mangroves had been destroyed in this fashion and lay rotting in the bright sun. “A few months ago, these were fully mature trees,” Don told me. He and Joan walk the area almost every day. “This happens every year, usually around January or February – seemingly right when the people that stay in these houses return, but this is the worst it’s ever been,” Don said sadly. “It just makes us sick. I wonder when they did it – probably in the middle of the night,” added Joan.

Both Don and Joan expressed frustration with trying to get the attention of someone who might investigate. “I have contacted Dan VanNorman of the Florida Department of Environmental Protection and he appeared uninterested in pursuing the issue unless someone were caught in the act. He further stated that he had no authority to post any form of “cease and desist’ signs.”

I contacted Steve Lane of The Town of Fort Myers Beach Code Enforcement to get their take on what could be done.

“We’ve had a complaint about that area already – around the 10^th of this month,” Steve told me, “and I went down there and spoke with several of the homeowners, who deny having any knowledge of what happened. I let them know what the laws were and the severity of the fines if they were caught, but unfortunately we can’t do anything without proof.” Steve expressed frustration about this because he believes, like the Cadys, that these mangroves were full grown and healthy just a short while ago. “For someone to take them out like that, it does considerable to damage to the environment.” He suggested that if anyone should witness someone cutting mangroves like this that they “try and get a picture or some kind of documentation. Of course, if we don’t get down there in time to actually see it, they will have to fill out a statement. But please be careful, we definitely don’t want anyone getting hurt.” He went on to say that he thinks this was probably done “at odd hours” and that Code Enforcement is investigating “a few other spots” that they have had calls on. “I have asked the Beach Patrol to keep an eye out, as well. People need to be aware that what they’re doing is illegal.”

Don gave me a booklet that he had gotten from Florida Department of Environmental Protection’s web site entitled ‘Mangrove Trimming for Homeowners’. The booklet is to inform property owners of their rights. While the 1996 Mangrove Trimming and Preservation Act does recognize a riparian (the owner of lands immediately landward of of the elevation of the mean high water line – sometimes, the state owns this land so the property owner is not riparian and thus cannot trim) right to view, there are instances when waterfront property owners may not be able to legally obtain a view or the view they desire.

There are many regulations and details outlined in this booklet, and it is very informative. Property owners are allowed to trim mangroves without a permit, but they must follow certain criteria. They are allowed to trim only to a height of 6 feet. If the trees are very large, then this must be done in stages. In some instances, only a Professional Mangrove Trimmer may do the trimming. Mangrove roots may not be trimmed. When the property shoreline is greater than 150 feet in length, only 65% of the trees along that shoreline may be trimmed.

The booklet also outlines trimming styles that make for the best view, along with how best to trim to insure healthy trees.

Finally, the booklet outlines how to get a permit if needed, and under what circumstances a ‘grandfather clause’ may be used – such as if the property owner had obtained a legal right to trim mangroves shorter than 6 feet prior to the laws going into effect in 1996. Documentation must be provided.

To obtain a copy of this booklet, type in Florida Department of Environmental Protection and go to their website. Type ‘mangrove’ in the search box on the site. When the results pop up, click on ‘Mangroves Central District FDEP.’ This will take you to a page where you can download the booklet.

Under no circumstances anywhere in the book did I see a situation that allowed for the degree of tree cutting we saw on the south end of the island this morning. The Cadys, meanwhile, wonder how to inform people that this type of cutting is in gross violation of the law. Perhaps their question was answered last week  - since after my initial article was published, NBC News picked up the story and broadcast it to a much larger audience.

Keri Hendry - originally published in the Island Sand Paper January 25, 2008