Abstract
Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damage awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, an outline of the mechanisms that enable local governments to minimize the risk of paying compensation for restrictive wetlands regulations is included.
Recommended Citation
Mary Jane Angelo,
A Model Wetlands Protection Ordinance: Legal Considerations,
1 U. Fla. J.L. & Pub. Pol'y
(2022).
Available at: https://scholarship.law.ufl.edu/jlpp/vol1/iss1/7