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County pauses sand-mining rule changes after SB 180 restricts post-hurricane rulemaking
Summary
Planning staff told commissioners on Aug. 19 that research and stakeholder outreach on sand-mining regulations will continue, but new restrictions in recently passed SB 180 and Highlands County's listing in the Hurricane Milton federal disaster declaration prevent adopting more restrictive local rules until Oct. 1, 2027.
Planning and Zoning Manager Cindy Kramer gave the board an update on staff work to review Highlands County's regulations for sand-mining operations and related excavation uses. Staff formed an interdepartmental working group and conducted stakeholder outreach, including sessions with the Highlands Natural Resources Advisory Committee, FDEP mining staff, and representatives of the Southwest Florida Water Management District.
Kramer told commissioners the original project plan anticipated public workshops and a draft of proposed revisions within six months. However, staff said the recently passed SB 180 includes restrictions that bar impacted local governments from adopting land-development regulations or plan amendments that are "more restrictive or burdensome" for one year after a hurricane makes landfall when the county is within a federal disaster declaration. Because Highlands County is included in the federal disaster declaration for Hurricane Milton, Kramer said local amendments that would make rules more restrictive are blocked retroactively through Oct. 1, 2027.
Kramer said staff will continue researching and preparing clarifications to existing regulations that are not "more burdensome or restrictive," evaluate how current rules are implemented, and prepare recommendations for technical clarifications such as consistent definitions. She said staff will return within two to three months with a summary of findings and possible next steps, and that the county attorney had suggested removing an administrative condition in an earlier PD resolution that incorrectly delegated monitoring responsibilities to the county engineer.
Why it matters: sand-mining operations can affect water resources, road impacts, reclamation responsibilities and interagency permitting. The pause on new, stricter language means staff will focus on clarifications and outreach until the statutory restriction period ends.
No ordinance change was adopted at the Aug. 19 meeting; staff will complete research and then hold workshops and bring proposed actions to the Planning & Zoning Commission and the Board when permitted.
