- October 15, 2024
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An eagle nest that hasn't existed for years is impeding development on 12 lots in the Palm Coast Plantation development. The Flagler County planning board voted 4-0 on Sept. 13 to approve a variance removing an eagle protection zone that has been interfering with a residential build on one of the lots.
The eagle protection zone covers 750 feet from the eagle’s nest, Growth Management Director Adam Mengel said at the Flagler County Planning and Development Board meeting.
The only way to remove the zone, Mengel said, would be if the Florida Fish and Wildlife Conservation Commission declares the nest abandoned.
“The Florida Fish and Wildlife Conservation Commission will not give us written confirmation that the nest has been abandoned,” Mengel said. “That’s our verbiage that we’re looking for from them; they have not done so.”
The protective zone affects 12 lots. The eagles have been gone since 2017 or 2018, Mengel said, around the time of hurricanes Matthew and Irma.
The 750-foot restriction has been in place since 2003 for this plat, Mengel added; eagles were removed from the endangered species list in 2007, which reduced the protective radius to 660 feet.
“We are more restrictive than the federal government,” Mengel said.
Assistant County Attorney Sean Moylan said that the FWC has determined that the eagles are gone, but the FWC does not have official documentation it can issue certifying that — which leaves residents and developers in a gray area — and has also not yet provided the exact language the county is seeking confirming that the nest is abandoned.
Permits for this specific lot in the 200 block of Riverwalk Drive have already been issued, Mengel said to the board: County staff, thinking the eagle protection zone was no longer in effect, had accidentally approved plans to build inside the zone.
The board ultimately approved the requested amended variance, moving the protection zone instead to 10 feet within that specific property, the county's general minimum setback.
Mengel said he and Moylan are bringing an item to the County Commission to remove the eagle protection zone, since it is no longer an active nest. He and Moylan are hoping the existing emailed communications from FWC will be enough certification.
“I’m calling it presently a waiver and release,” Mengel said.
The Board of County Commissioners meets at 5 p.m. on Sept. 19.
