Supreme Court Justice Potter Stewart in 1964 famously wrote of pornography, "I know it when I see it."
His statement exemplified the difficulty of defining pornography, much less regulating it against constitutional protections for free speech.
A similar question of definition is slowly unfolding in Florida as a result of growth management law changes approved by the Legislature in 2011.
HB 7207 reduced the state's role in overseeing local government growth policies and future land-use map changes. But the bill also called on state government to continue "protecting the functions of important state resources and facilities."
While environmentalists said the law would unleash urban sprawl and threaten natural resources, supporters said the state would focus its reviews on natural areas deserving of state protection.
Now a Brevard County proposal to revise its wetlands protection policies has begun to reveal how the state will define those important natural resources worthy of state protection.
Planners last year were left asking what areas the state would protect in addition to obvious environmental areas, such as The Everglades.
"(HB 7207) did not give a definition of what it (important state resources) was," said Merle Bishop, immediate past president of the Florida chapter of the American Planning Association and senior planner with Kimley-Horn Associates in Lakeland. "It was kind of like, 'We'll know when we see it.'"
Brevard County now has perhaps the most stringent wetland protection ordinances in the state, said Ernest Brown, director of the Brevard County Natural Resources Management Office.
The Brevard County Commission directed its staff to develop comprehensive plan language that brings the county to a "level playing field" with surrounding counties, Brown said. The proposed changes, he said, would allow development in wetlands along certain roadways for commercial and industrial properties and in some areas with agricultural zoning.
In reviewing the proposals, the Florida Department of Environmental Protection identified important state resources as federal national wildlife refuges, state aquatic preserves, the Indian River and portions of the upper St. Johns River Basin that have been identified as "Outstanding Florida Waters" requiring protection under state law.
DEP asked the county to either not adopt the changes or to provide maps to identify areas that could be affected and demonstrate that resulting changes would be minimal. The St. Johns River Water Management District and the Florida Fish and Wildlife Conservation Commission also filed comments.
Charles Pattison, executive director of the 1000 Friends of Florida environmental group, said the state for the first time is identifying areas where development deserves comment, but he also wondered whether the state will object if the county moves forward to approve
"Now the question is are they going to do enough to say, 'It's an important state resource, are you (Brevard County) doing enough to protect it?' And are we OK with it?'" he said.
There remain questions about which less obvious state resources deserve protection and how the state defines those, said Bishop, who was the American Planning Association chapter president until this past week.
"Is it things that impact the Peace River? Probably," Bishop said. "But what about somebody's little stream or small wetland in their backyard?"
Brevard County has revised the proposal to include maps showing specific areas along roadways where protection policies will be relaxed and other areas where higher quality wetlands will remain protected, Brown said. The Brevard County Planning Commission will consider the revised proposal on Monday and the Brevard County Commission will consider final adoption on Oct. 9.
1000 Friends of Florida was still reviewing the revised proposal on Friday, Pattison said. Mary Sphar, a Sierra Club member from Cocoa, said she thinks the revised proposal is worse than the earlier proposal because it allows higher-quality wetlands to be developed if a project is found to be in the public interest for economic reasons.
Brown said Brevard County is attempting to promote "flexible and balanced stewardship" of its resources. He said he agrees the case is important in defining what important resources are protected by the state.
"I think we have achieved a pretty decent middle ground," he said. "I think it was healthy the state weighed in. They helped us further refine the proposed outcome."
-Bruce Ritchie
