When will Manatee County wetland protections be restored? Officials look for faster way

Some of Manatee County’s newly elected commissioners are hoping to speed up the process of restoring local wetland protections that were removed in 2023.

In September, the board voted to restore the county’s wetland buffers, which are meant to protect sensitive environmental areas from development. However, Manatee County staff said that would require amending the Comprehensive Plan again — a slow process that requires several public meetings and state approval.

But during a special meeting on Tuesday, Commissioner Robert McCann presented a different approach that he claimed would restore the protections immediately. He called for a vote to revoke the board’s previous ordinance that removed certain wetland protections from the Comprehensive Plan in 2023.

“We have the authority to do that,” McCann said.

McCann made a motion to immediately restore the wetland buffers and it passed 6-1. But after consulting with the county attorney, commissioners revised the motion later in the meeting to bring the issue back at a future date.

“It’s going to take a little bit more time,” McCann said. “But at some time we’ve got to stop kicking things down the road and get them done. Everybody in this county wants the wetlands back. So we need to instruct staff to immediately do whatever they need to do to get this done. There is no more waiting time.”

McCann did not immediately respond to the Bradenton Herald’s request for comment on Thursday.

Is fight over Manatee County wetland protections nearing an end?

For over 30 years, Manatee County had wetland buffer rules that shielded sensitive environmental areas from the effects of development and human activity. 

Wetlands are often described by scientists as the “kidneys” of the environment for their ability to filter harmful nutrients and stormwater runoff that can degrade water quality. They also help prevent flooding, provide wildlife habitat, protect drinking water resources and store away large amounts of greenhouse gases that contribute to climate change. 

In 2023, the Manatee County Commission voted to remove local wetland protections in favor of reducing regulations and allowing residents and developers to build closer to the water. The controversial move was backed by a developer interest group and opposed by environment advocates and a vocal crowd of residents. 

With the rule change, Manatee County’s required wetland buffers of 30 to 50 feet would have reverted to minimum buffers of 15 to 25 feet where required by the state. Opponents of the measure pointed to research showing that the smaller buffers are far less effective at protecting wetlands. 

After two commissioners who supported removing the wetland protections were voted out in the August primary election, the board reversed course in September with a unanimous vote to restore the buffers. 

However, the County Attorney’s Office urged commissioners to take a cautious approach and avoid making the county government the target of lawsuits. County staff said the process would take several months and require more public hearings before the Planning Commission and the County Commission.

New Manatee official presents motion to restore wetland protections

During Tuesday’s special meeting, McCann, a physician and lawyer elected in November to represent District 5, questioned why the wetland buffers had not been restored yet.

Manatee County Director of Development Services Nicole Knapp explained that the staff had begun the process, but it was expected to take several more months. Knapp said staff planned to bring the board a new and “improved” version of the ordinance rather than restoring the exact language used before. Knapp said staff hoped to have the new ordinance ready before the board’s summer recess. 

But McCann presented a pre-written motion to restore the old language immediately. 

“All we have to do is rescind the ordinance that was made in the first place, and void that ordinance, and put back the language that was there previously,” McCann said. “We have the authority to do that. By adopting that, we would be putting back the wetlands now.”

McCann cited a Boynton Beach court case and state statute that he argued gave the board the power to void its previous vote. He said his proposed motion had been reviewed “by several attorneys.” 

“Having had no opportunity to review the proposed motion and the law you’re relying upon, I would respectfully request that you give the County Attorney’s Office the time to do that, sir, before making this motion,” said County Attorney Pamela D’Agostino. 

But McCann called the issue to a vote anyway. 

Officials debate motion to immediately restore wetland protections

Several commissioners expressed concern about sidestepping the County Attorney’s Office and staff.

“I have confidence in our county attorney and in our staff and the approach that we’ve been told isn’t going to open us up to significant litigation, the approach that is going to put us on the best legal footing, is the approach that I would like to take,” Commissioner Amanda Ballard said. 

Commissioner Mike Rahn expressed concern about making sure the restoration of the wetland buffers complied with a Florida law passed in 2023. Known as Senate Bill 250, the law prohibits a county from adopting “more restrictive or burdensome amendments to its comprehensive plan or land development regulations” through October 2026.

“There is a state statute out there right now referred to as Senate Bill 250 that needs to be researched in comparison to what Dr. McCann’s motion is,” Rahn said. “So I would also concur that we just need to let this play out with the County Attorney’s Office, let staff do their job, and still move the issue forward, but let them do what they’re supposed to do.”

Commissioner Tal Siddique said that all commissioners should be briefed by the county attorney before a decision was made. 

But other commissioners agreed with McCann that the wait had gone long enough.

“We all know what the direction is that we want to go,” Commissioner Carol Felts said. “I have a lot of faith in Dr. McCann’s research. If we don’t do it the right way this time, at least we’ve moved forward. We’ve just got to cut to the chase and reverse what we did because we know it was wrong. Let’s just get it done.” 

“The faster we can put this back, the better, and if Dr. McCann came up with a better, faster solution, I’m all on board with it,” Commissioner George Kruse said. 

Motion to immediately restore wetland protections passed and then withdrawn

Before the vote, several residents spoke in support of McCann’s plan to restore the buffers immediately.

“We’re a clean water advocacy group that fought this from the very beginning, and speaking for my organization, I would like to support Commissioner McCann’s motion,” said Suncoast Waterkeeper chairman Rusty Chinnis. 

Joe Di Bartolomeo, a Manatee County resident who ran against McCann in the November election, also spoke in favor of his plan. 

“I applaud what Bob McCann is doing because this is the value that this commission gives to Manatee County. We need people on this board who think outside of the box and find solutions in a very expedient way,” Di Bartolomeo said. 

McCann’s motion received a second from Commissioner Jason Bearden and passed 6-1, with Rahn dissenting.

But later in the meeting the motion was revised after McCann consulted with the county attorney. 

McCann’s new motion called for county staff to bring back an ordinance to the board at a future date that would repeal the previous ordinance and restore the wetland protections to the Comprehensive Plan.

It passed 6-1, with Rahn again dissenting. 

“For the benefit of the public, it accomplishes the exact same effect,” D’Agostino said. 

Can wetland protections be restored quicker?

It is unclear exactly how the Florida case law McCann cited applies to Manatee County’s wetland situation. In the 2003 case, Quiles vs. Boynton Beach, an appellate court ruled that the city government had “home rule authority” to fluoridate its water despite the opposition of some residents.

D’Agostino declined the Bradenton Herald’s request for comment on McCann’s suggested approach.

But Commission Chairman George Kruse said he believes McCann may have found a valid approach to bringing the protections back sooner. Kruse said he and other board members remain committed to restoring the wetland protections as soon as possible. 

“It’s a question of when and not if,” Kruse said on Thursday. “I am still feeling confident that this is going to move forward in a more expedited fashion.”

This story was originally published January 10, 2025 at 12:45 PM.