State legislation could undo land use changes made in Naples since Hurricane Ian

Scenes along Gulf Shore Boulevard North in Naples on Wednesday, April 19, 2023.

A state bill stands to undo more restrictive land use and development rules Naples City Council has adopted since Hurricane Ian.

The Senate unanimously approved a bill on May 1 that includes a retroactive prohibition on adopting any harsher regulations. It would essentially render them “null and void.”

City Manager Jay Boodheshwar briefed City Council on the implications of the legislation at its regular meeting Wednesday, with city attorneys weighing in on the potential effects.

“The governor has not signed this yet, but it has been approved and I think if the governor fails to sign it, it still goes into effect,” Boodheshwar said. “It doesn’t actually require his signature.”

The only way the bill won’t take effect is if the governor vetoes it, he said, which seems unlikely, as it includes many other beneficial measures designed to help communities recover from Ian – and become more resilient against future storms.

How would this affect Naples and other communities?

The prohibition on more restrictive and burdensome rules would reach back to Sept. 28, the day Ian hit, applying to every locality within 100 miles of where the near-Category 5 hurricane made landfall.

“It’s not concerning to just us,” Boodheshwar said. “There are other cities in the state of Florida that have similar concerns.”

With Ian making landfall in Cayo Costa, one of Lee County’s barrier islands, the ban would effectively extend from south of Naples up into St. Petersburg, explained Ralf Brookes, a city attorney.

Applicable actions taken by the city, he said, would essentially be “wiped off the books,” requiring City Council to start all over again on adopting those changes – after the prohibition expires in September 2024.

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Which rules could be overturned?

Since Ian the city has adopted several text amendments that would be overturned by the bill. Those amendments include:

On Wednesday, Council adopted another land use change that could be reversed, making the lot coverage rules for single-family homes in multifamily districts the same as they are in single-family districts. Lot coverage refersto how much of a lot can be covered by structures, from porches to lanais.

The state billl, dubbed “Natural Emergencies” and sponsored by Sen. Jonathan Martin, R-Fort Myers, would also impact a handful of pending proposals in the city, including new regulations for hotels and new rules for outdoor dining on Fifth Avenue South and on public property.

Additionally, the legislation would prevent City Council from considering a temporary moratorium – or pause – on new construction along a hard-hit section of Gulf Shore Boulevard North. The Planning Advisory Board has recommended it, concerned about the potential for ‘overdevelopment’ as the area rebuilds from Ian.

The advisory board suggested a one-year moratorium to give the city time to come up with a comprehensive plan to guide the storm- and time-worn area’s evolution, with hopes of protecting the unique character of a 1.3-mile stretch of road. Upon hearing the idea a few weeks ago, City Council asked the board for a formal proposal, but it’s not come back yet.

View of zoning districts in stretch of Gulf Shore Boulevard North hard hit by Hurricane Ian.

City warned legislators about effects of proposed law

The regulatory changes City Council has made since Ian have been years in the making. The stated goal has been to protect the city’s small-town charm, in keeping with the city’s vision.

Some of the recently adopted and proposed changes have faced opposition, from the building industry and property owners.

Last month, City Council backed off more sweeping changes after hearing criticisms they’d gone too far, causing too much uncertainty and hampering recovery. At public listening sessions on those changes, a common theme emerged: “If it ain’t broke, don’t fix it.”

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Through conversations and letters, the city manager said he tried to convey to state leaders, including Senate President Kathleen Passidomo, who’s from Naples, that the so-called resiliency bill could stifle the city’s ability to become more resilient by prohibiting beneficial land use changes in the wake of Ian.

Unfortunately for the city, those concerns “didn’t carry much weight,” Boodheshwar said.

Jay Boodheshwar, Naples city manager

City attorney Nancy Stuparich said the prohibition on land use changes as written in the legislation is open to interpretation, which means any conflicts in state and local policies would likely end up in court. If a city should lose a challenge, she warned it would have to pay attorneys’ fees and other legal costs, which could get expensive.

She noted that if a state-of-emergency is declared in the future, due to another catastrophic storm, any state laws that would prohibit local governments from protecting their residents from a “safety and property rights perspective” would be temporarily suspended.

‘Home rule is the best rule’: council member decries ‘overreach’

Vice Mayor Mike McCabe expressed the most dismay over what he described as another “state overreach.” He said he’s tired of it.

“This is enough,” he lamented. “Our public, our community, our residents should be outraged. They should reach out to the state and they should call the governor and they should say, ‘home rule is the best rule.'”

The state Legislature, he said, has often complained about overreach by the federal government, yet continues to violate its own principles of a free government.

He noted the hard work that has gone into recent land use changes in the city, and how all of that hard work by the city can be undone with the “stroke of a pen.”

City of Naples Councilman Mike McCabe speaks during a City Council meeting on May 13, 2021.

With frustration, McCabe suggested the Legislature should focus on more important matters, such as fixing the state’s property insurance crisis.

“This is an area that needs an extreme amount of work,” he said.

This article originally appeared on Naples Daily News: State legislation could undo, halt land use changes in Florida cities