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County attorney warns draft comp-plan language may conflict with Senate Bill 180
Summary
Levy County's attorney told commissioners that several planning-commission additions — including a broader coastal zone definition and expanded species protection language — could be preempted by SB 180 and recommended caution.
Levy County's attorney, participating by phone, warned the board that some of the planning commission's proposed changes could run afoul of Senate Bill 180.
Explaining the difference between terms in the draft, the attorney said, "the coastal zone is a larger area than the coastal high hazard area, which includes only up to the category 1 storm surge line. The coastal zone is the planning commission has defined it as up to category 3. So that's a larger area and therefore a little more burdensome and restrictive under the SB 180..." The attorney said that language expanding the county's regulatory reach could prompt state preemption and that staff had flagged multiple instances where the new wording might be problematic.
Staff and commissioners discussed alternatives, including narrowing language and staging policy adoption so the county avoids submitting provisions likely to be rejected. Commissioners and staff noted SB 180's potential to curtail local regulation and advised a conservative approach on changes described as regulatory rather than purely advisory.
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