Lake Okeechobee For many residents of Florida, the local news over the past weeks focused on images of large scale fish die-offs and dark polluted water in the Tampa Bay and St. Petersburg areas. For those here in Southwest Florida, these images coming out of central Florida serve as a reminder of the summer of 2018, when toxic blue-green algae spilled out of Lake Okeechobee, down the Caloosahatchee, and ultimately into the Gulf of Mexico causing similar fish-die offs and red tide events.

Coincidentally, at the same time the events in Tampa were making national news, the Army Corps of Engineers conducted a public meeting which resulted in the adoption of a revised Lake Okeechobee System Operating Manual, or “LOSOM” for short. The plan was last revised over a decade ago and governs the Army Corps’ management of the water levels in Lake Okeechobee.

The most important aspect of this management plan is the freshwater releases down the St. Lucie River, Caloosahatchee River and through the Everglades into Florida Bay. The Army Corps, as the executive arm in charge of these releases, drain and store water to assist with flood control, system ecology, and agricultural irrigation around the Lake. The adoption and modification of the LOSOM plan are governed by the Comprehensive Everglades Restoration Plan, codified as section 601 of the Water Resources Development Act of 2000.

Alternative CC

Considering the Congressional mandate of the Everglades Restoration Plan, along with public input from numerous stakeholders across South Florida, the Army Corps at a July 15th meeting considered a number of revised management plans. The Army Corps ultimately decided on the plan known as Alternative CC, which was largely supported by conservation groups who viewed the plan as a more balanced approach to solving the water quality issues across South Florida.

How does this new plan impact Southwest Florida?

Continue Reading Army Corps of Engineers announce new Lake Okeechobee Management Plan

Under Section 252.363, Florida Statutes, qualifying permitees are entitled to extensions following a declared State of Emergency for the amount of time the declaration was in effect, plus an additional six (6) months.

In order to obtain such an extension under this statute, permitees are required to submit a written notification to the appropriate authorizing agency (i.e., City, County, Florida Department of Environmental Protection (FDEP), or Water Management District) within 90 days after the State of Emergency has expired.

Types of Permits that Qualify

Continue Reading New Executive Orders Provide Further Statutory Extension Opportunities for Florida Development Approvals

6184015031_52bb1094fd_zExecutive Order 16-155

On June 29, 2016, the Governor issued Executive Order Number 16-155, declaring a State of Emergency throughout Martin and St. Lucie Counties due to the increased number of algae blooms from the Lake Okeechobee discharges. In this Executive Order, the Governor states:

[t]he Obama Administration unreasonably failed to budget for adequate maintenance and speedy rehabilitation of the Herbert Hoover Dike, resulting in frequent discharges of harmful water from Lake Okeechobee to the St. Lucie and Caloosahatchee Rivers and estuaries.”

The Governor explained that the release of these waters has caused an increase in algae blooms that have been dominated by Mycrosystis, an algae that can produce harmful toxins.

Executive Order 16-156

Continue Reading Lee County Included in a State of Emergency Declaration for Algae Blooms from Lake Okeechobee