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The Wekiva River Protection Act of 1988

 The Florida legislature passed the Wekiva River Protection Act in 1988.  This act required the counties with jurisdiction in the Wekiva Protection Area to amend their comprehensive plans to protect the Wekiva River and its surrounding area.  These amendments were to include goals, objectives, and policies that would protect water quantity and quality, hydrology, wetlands, native vegetation and other aspects of the Wekiva’s environment.  Like other local plans and amendments, proposals for changes within the protection area would be reviewed by the DCA.  A particularly important aspect of this legislation was paragraph (b) of section (1) that outlined land use density and development.  This section clearly states that the lands within the Wekiva Protection Area are to maintain a “rural character.”

 (b) The various land uses and densities and intensities of development permitted by the local comprehensive plan shall protect the resources enumerated in paragraph (a) and the rural character of the Wekiva River Protection Area.  The plan shall also include:

1. Provisions to ensure the preservation of sufficient habitat for feeding, nesting,
       roosting, and resting so as to maintain viable populations of species
      designated pursuant to rules 39-27.003, 39-27.004, and 39-27.005, Florida
      Administrative Code, and the Wekiva Protection Area.

2. Restrictions on the clearing of native vegetation within the 100-year
floodplain.

3. Prohibitation of development that is not low-density residential in nature,
unless that development has less impacts on natural resources than low-density residential developments.

4. Provisions for setbacks along the Wekiva River for areas that do not fall
within the protection zones established pursuant to s. 373.415.

5. Restrictions on intensity of development adjacent to publicly owned lands to
prevent adverse impacts to such lands.

6. Restrictions on filling and alteration of wetlands in the Wekiva River
Protection Area.

7. Provisions encouraging clustering of residential development when it
promotes protection of environmentally sensitive areas, and ensuring that residential development in the aggregate shall be of rural density and character.