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Gulf County notifies Port St. Joe and files legal action over Windmark DRI and traffic concurrency
Summary
After mediation failed, county attorneys filed a multi-count complaint over a disputed voluntary annexation and told commissioners the county will seek emergency court action and notify the city that building permits must be limited until Back Beach Road improvements proceed.
Gulf County officials told the commission on April 22 they had unsuccessfully pursued mediation with the City of Port St. Joe over a voluntary annexation and the handling of Development of Regional Impact (DRI) limits tied to traffic concurrency.
County Attorney Jeremy told commissioners: "We filed that writ and 7 count complaint on Thursday of last week," and said the mediation required by statute was unsuccessful. Jeremy said the county will seek emergency hearings to require the city to complete the statutorily required steps and to enforce the county’s interpretation of the Windmark DRI limits.
Commissioners and staff described the central dispute as whether building permits may continue once a specific residential-unit threshold is reached without construction or funding for the Back Beach Road (sometimes called Gulf-to-Bay) bypass. County staff noted different counts of total residential units in the DRI documents (1,552 or 1,660 depending on whether earlier lots are included) and said a 50 percent threshold triggers concurrency obligations.
The commission voted 5-0 to send a formal notice to the City of Port St. Joe asking it to acknowledge monitoring of residential permits and to limit permit issuance until the roadway improvements required by the DRI are accomplished; commissioners added a request that the city partner with the county to seek Florida Department of Transportation funding for the road.
County staff and commissioners said they would also seek DOT engagement and requested a joint meeting with the city and DOT to press for funding and a timeline. No immediate stop on individual building permits was ordered by the commission; commissioners said the letter and the pending court filing are intended to start negotiations and preserve the county’s legal position.
Clarifying details: county staff said the DRI’s total residential-unit number is variously described in documents; county counsel said the annexation and permitting timeline now places the matter on the statutory clock and the county intends to enforce the DRI’s traffic-concurrency provisions.
Why it matters: commissioners said continued large-scale buildout without the bypass could create major traffic impacts on State Road 98; the county’s action initiates litigation and formal intergovernmental notices.
