Mitigation, right-of-way issues plague No Name

No Name Key residents seeking commercial power to the currently off-the-grid island threaten to sue the county if they don’t get their way.

The US Fish and Wildlife Service, largest landowner and federal agency with oversight authority over development on the island asks for environmental impact studies relating to endangered species, both flora and fauna.

Monroe County is trying to make a decision on whether it can issue building permits to No Name Key homes to allow them to hook up to electrical lines if they are indeed installed on the island under the rules of the county’s comprehensive land use plan, and the parameters of the Incidental Take Permit.

The county is also trying to determine if mitigation will be required should commercial power be run to the island—again under the parameters of the Incidental Take Permit, a development agreement between the county and USFWS that allows for limited human development over a 20-year period in return for mitigation of habitat, usually in the form of land purchased for perpetual conservation.

No Name residents are claiming that the county’s land use policies and prohibitions against electrifying the island are moot, and have always been moot, therefore the only reason the island doesn’t currently have electricity is that the county “acted arbitrary and capricious and with bad faith,” according to attorney Mary Bakke who represents the property owner’s association, the group seeking electrification.

“The actions of the Board of County Commissioners are the only reason these residents did not receive commercial power”…before the enactment of the current county codes…”the county does not have clean hands and should be held liable for all costs that the residents now incur for such installation,” wrote Bakke.

Keys Energy routinely charges property owners for installation costs on new service in all other areas. The county does not pay for electrical installation to private homes. The current battle to electrify the island is the first time a request has been made by the property owners where they agreed to pay all costs for the installation. All the other requests over the last 20 years have been made with either the utility or the county paying the freight and all have been turned down.

A court case on the issue about a decade ago ruled that the county had no statutory responsibility to pay for electrification of No Name Key.

Bakke also said that the county had no standing to deny permits for electrical hook ups because it was using the code for a Coastal Barrier Resource System overlay and that none of the homes met that definition.

Fourteen of the 43 homes on No Name Key, however, are part of a federal CBRS designation, and Bakke calls that an error.

County officials, however, have already opined that until the federal designation is lifted, the area is classified in the CBRS. To have the designation lifted, someone has to petition Congress. It takes about five years and Congressional action.

USFWS late last month told No Name residents they would be required to obtain an easement over federal lands from Watson Blvd. to the Islands End subdivision on the eastern end of the island.

That easement can be granted, according to National Key Deer Refuge Manager Anne Morkill, if the use of the land is deemed compatible with the purposes of the land.

No Name residents, through Keys Energy Service, will have to file an application with the service for review with the appropriate application fee. They will have to furnish an appraisal of the property to be used for the easement and a survey to determine the extent of property required for the easement. The utility will also need an Environmental Assessment and Compatibility Determination from the service before it can proceed with using the land, and if the easement is granted, Keys Energy will have to pay rental fees to the service for use of the property.

Other issues aside, county Growth Management Director Christine Hurley said she hopes to have an opinion on the possibility of issuing hook-up permits for electrical service by the end of this month.

“It’s a complicated issue,” she said. “We have been gathering all the documents we can for review and have a meeting planned April 26 to try and come to a determination on the question.”

The issue is further complicated from the county’s perspective because of the rules surrounding below-base flood elevation enclosures.

Most of the homes on No Name were built before the recent upgrades in state building codes, meaning probably all of them would have to have electrical system upgrades before being attached to commercial power.

The permit applications would trigger downstairs enclosure reviews or inspections under current policy before hook-up permits could be granted, if they can be.

Hurley said her division is also still awaiting more information on the exact locations and extent of power lines, poles and accessories before she can make a determination on how much habitat mitigation might be needed for the installation.

Hurley said there’s a chance, “This could need H.”

In the interim Keys Energy has been finishing the survey work to furnish both the county and USFWS with specific route drawings so they can each make determinations on the amount of mitigation, if any, that might be needed.

1 Comment »

One Response to “Mitigation, right-of-way issues plague No Name”

Comments

1. Doug Apr 27 2010 / 3pm

   To deny basic services to people is unjust in America. Don’t people realize that these off grid houses produce significantly more environmental damage than if they had power as all other residents do. If someone does not want power they do not have to apply for it. Shame on all who hide behind the banner of conservationist. There is nothing but degredation happening to No Name Key. Commercial power will eliminate this pollution. I say give the people who will pay power.