City official finds excavation violations at local dunes without required permits

In a recent session of the Special Magistrate for Code Enforcement in St. Pete Beach, a pivotal discussion unfolded regarding alleged violations related to dune excavation and permitting. The atmosphere was charged with anticipation as the magistrate sifted through the evidence presented, ultimately arriving at a nuanced conclusion.

The magistrate began by addressing the accusations surrounding section 94-73, which pertains to vehicle permits. After careful consideration, the magistrate stated, “I don’t believe that there is enough evidence... to find that that specific code section had been violated.” This assertion highlighted the challenges of pinpointing responsibility in cases where circumstantial evidence was the only support for claims.

Turning to section 25-9, which mandates permits for activities that could damage dunes, the magistrate acknowledged that both parties agreed a permit was necessary for excavation or enhancement activities. However, the crux of the matter lay in the interpretation of what constitutes "excavation." The magistrate noted, “I believe that there was, quote, damage to the dune,” but emphasized that the code explicitly prohibits excavation without a permit.

Despite recognizing that mechanical equipment had traversed the dunes, the magistrate concluded that the actions did not meet the legal definition of excavation as outlined in the code. “I do find that there was a violation for failure to require to get the permits,” the magistrate stated, underscoring the importance of adhering to regulatory frameworks.

Importantly, the magistrate clarified that this violation was not deemed irreparable. The city had provided a plan for remediation, suggesting that the damage could be addressed. “I can’t see how you can argue that the violation cannot be repaired... when you’ve provided me evidence of how the city contends that it will repair and reverse the damage,” the magistrate explained.

As the meeting concluded, the magistrate's decision reflected a careful balance between enforcing regulations and recognizing the city's commitment to restoring the affected dunes. The outcome serves as a reminder of the complexities involved in code enforcement, particularly in environmentally sensitive areas like St. Pete Beach. The community now looks ahead, hopeful for the restoration efforts that will follow this ruling.