Hillsborough County Moving Quickly
in Proposal to Take Away Density from
Rural and Agricultural Landowners
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Despite strong community and landowner opposition, Hillsborough County ("County") has proposed an amendment to its Comprehensive Plan ("Plan") that takes away density from landowners in the Rural Area by removing density that has been allocated to wetland areas since the Plan was first drafted. This means that density in the Rural Area would be calculated solely on the upland acreage of property. Consequently, most landowners in the Rural Area with wetlands could see their property values reduced and their property rights taken.
In past meetings, dozens of concerned landowners objected to this proposal. Many landowners, especially members of the local agricultural and farming community, came to speak out against the Plan amendment. Their comments sought to enlighten the Commissioners on the unintended consequences of taking away the wetland density credits, which included a negative financial impact on property values and the inability to borrow sufficient funds from the bank due to lower property values. Many agricultural landowners borrow against their property in order to obtain funds for the growing season, especially for high-value crops, such as strawberries. A change in the property values due to the Plan amendment may cause the agricultural community to be unable to obtain the same amount of capital compared to previous years. In response to this citizen feedback, several Commissioners expressed strong concerns about this Plan amendment and how it will harm Rural Area landowners. One Commissioner predicted that if the Plan amendment were enacted, the County could be subject to lawsuits for takings claims and for inordinate burdens under the Bert J. Harris Act.1 Another emphasized that the Plan amendment could have serious financial consequences on property values, especially agricultural landowners who rely upon the value of their land to do business. A third Commissioner noted that the Plan amendment is a complicated issue that affects the entire County, recommending that the County review the Plan amendment more closely. The Hillsborough County Board of County Commissioners will hold a workshop on March 9, 2021 on this proposal. The Board will not take public comment at this meeting, but we strongly encourage submitting comments by email prior to this meeting. Public hearings will be held on April 12 and April 22. The proposed changes removing the wetland density credit have unintended, far-reaching consequences to the rural and agricultural community in Hillsborough County. Landowners and members of the community are encouraged to offer public comments regarding the proposed Plan amendment. Public comment can be submitted to the Planning Commission and the Board referencing Comprehensive Plan Amendment 21-04 by email. Our Land Development, Zoning & Environmental team has extensive experience advising clients on government takings, local Comprehensive Plan requirements, and local Comprehensive Plan amendments. We will continue to monitor and provide updates regarding any updates to the proposed taking of wetland density credit. For more information, please contact us.
1We have previously reported that the Bert J. Harris, Jr., Private Property Rights Protection Act was enacted to protect against government regulations that result in a burden on landowners that does not necessarily rise to the level of a taking under the Florida and U.S. Constitutions.
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