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Tequesta staff propose unified right-of-way code; council asks legal review after residents object
Summary
Village staff presented a draft revision to multiple code chapters to standardize right-of-way, swale and landscaping rules intended to protect infrastructure. Council directed legal review of penalties and asked staff to refine plant lists and grandfathering language after residents warned of economic and drainage harms.
Village of Tequesta staff on Sept. 29 introduced a package of proposed code changes to unify right-of-way, swale, landscaping, driveway and storm‑water regulations across multiple chapters, saying clearer rules will protect public infrastructure from inconsistent private work.
Doug, a village staff presenter, told the council the revisions are intended "to protect the substantial investment the village has been making and continues to make upgrading and replacing underground utilities," noting roughly "an $8 million investment" in related infrastructure. The draft would require permits and inspections for work in the ROW and swales, restrict artificial turf and certain plantings in the ROW, and establish enforcement options including stop‑work orders, fines, liens and special magistrate review.
The council exchange quickly turned to scope and enforcement. Council members praised the goal of consolidating scattered code language, but several said the draft reads as too prescriptive or potentially retroactive. One council member said he supports the concept but asked staff to revisit the proposed $150-per-violation figure and recommended folding penalties into the village's uniform code enforcement process to ensure consistent application.
Residents who spoke during public comment urged the council to reject or significantly revise the draft. Mara Perry, a Country Club resident, said the proposal "should be rejected categorically," arguing it would require immediate removal of existing plantings, reduce property values and conflict with the village comprehensive plan and longstanding tree‑canopy goals. Another commenter, Marsha Nielson, said she read the draft as requiring immediate compliance and called the plant list "very, very aggressive." Both urged grandfathering and stronger public education before enforcement.
Staff and council sought common ground: Doug and other staff repeatedly characterized the draft as a standardization effort not intended to force immediate removal of established landscaping, saying the proposal is focused on permitting and future modifications. Staff also pledged to work with legal counsel and the manager to clarify fee and penalty language, and to return with a refined ordinance and a more flexible plant list.
The council did not vote on the draft. Instead it directed staff to send the ordinance language and penalty proposals to the village attorney for review, to double‑check provisions on prohibited materials (rock, mulch, gravel, artificial turf), and to prepare a public education plan before any enforcement changes take effect. The item will return to council in ordinance form for future action.
