Commission continues Cudjoe Key tier-map amendment after public alleges conservation-easement protections

Monroe County commissioners on Jan. 15 voted to continue consideration of a Tier Overlay District map amendment for property at 21660 Overseas Highway (Cudjoe Key) after public speakers said the parcel is subject to a recorded conservation easement that restricts development.

Staff recommended approval of the change from Tier 3A to Tier 3 and described the property’s current land-cover mapping, zoning and recent parcel splits. Two public commenters — Barbara Van Harten, president of the Sunrise Beach Homeowners Association, and John (last name recorded in the meeting) — told the board they believed a conservation easement protects the land and said unauthorized removal of mangroves, placement of fill and other violations had occurred in the past. “Allowing the change in tier designation would encourage the continuance of these inappropriate activities that are detrimental to the natural vegetation and habitat,” Van Harten said.

Staff responded that it had found no conservation-easement record in the clerk of court search during the meeting but agreed to take a formal title search and accept a copy of the conservation-easement recording that the speaker said she had provided to staff. The board then voted to continue the item to the Feb. 19, 2025 meeting at 10:00 a.m. at the Harvey Government Center in Key West to allow staff to verify the record and return with a recommendation.

Why it matters: Tier designations limit allowable uses and intensities in sensitive coastal areas; if a conservation easement is in effect, it would remain binding regardless of tier change, but the presence of an easement is directly relevant to permitting and environmental protections. The continuation allows staff time to verify public claims before changing the county’s overlay map.

Staff will perform a title search and report back at the Feb. 19 meeting.