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Magistrate orders Beachcomber owners to remove plantings from stormwater retention tract
Summary
A Fort Pierce special magistrate found modifications to a stormwater retention tract at Bonefish Court violated the city code and ordered vegetation and non‑stormwater equipment removed within 10 days, citing South Florida Water Management permitting and potential $250/day fines for noncompliance.
Special Magistrate Jennifer Peschke on April 1 found that plantings and other items placed in a stormwater retention tract at Bonefish Court altered permitted stormwater flow and ordered the property owners to remove them within 10 days.
The city’s case officer, Heather De Bevic, presented photographs dated Jan. 15 through March 30 and told the hearing the parcel (CE2026‑27) contained trees, shrubs and a trailer in a retention area reserved for stormwater management. "The violator be given 10 days to remove the vegetation and all other items that do not belong in the retention area," De Bevic said as she introduced the city's photos and composite exhibit.
Venetia Barnes, a stormwater engineer with the city’s engineering department, explained that the tract was dedicated as a stormwater management area and that South Florida Water Management permits do not allow planting on the canal banks except for specific aquatic vegetation that helps remove phosphorus. "You're not allowed to put any plantings on the slopes, the canal bank slopes," Barnes testified. She also said equipment such as the trailer shown in photos is not permitted in the retention area; staff noted the trailer was removed prior to the hearing.
Residents who said they maintain the tract for their homeowners association disputed who legally holds maintenance responsibility. Lori Wadsworth, who identified herself as a member of the Beachcomber homeowners group, said neighbors have been mowing and trimming the tract since 2013 and produced a 2016 letter noting the association’s maintenance obligations. "We are the owners per these documents, declaration of covenants and restrictions for Beachcomber," Wadsworth said.
Magistrate Peschke ruled that the modification of drainage flow violation (section cited in the notice) exists and ordered removal of non‑permitted vegetation and items, and that any required permits must be obtained. She warned that a failure to comply by the date ordered would result in a $250 per‑day fine and urged the association to coordinate with staff for a compliance plan and clarifying guidance.
The magistrate also noted that association governance questions were outside the hearing’s legal determination and recommended seeking local legal advice about association structure and titles so the group could work with city staff to resolve the matter.
The order is subject to the 30‑day appeal period provided for magistrate decisions at the hearing.
