For many years,
Hillsborough County has routinely administratively granted wetland setback
encroachments for swimming pools, decks and screen enclosures. This has been
done to eliminate the requirement to apply for a wetland setback encroachment
through the Land Use Hearing Officer (LUHO).
Recently there
have been some administrative setback encroachments that were approved which
resulted in walls and structures being constructed within the wetland setback.
There has been much discussion between Development Services managers and
representatives both for and against the administrative approval of wetland
setback encroachments. This has resulted in questions regarding what the Land
Development Code allows.
Development
Services staff is currently reviewing the code and determining how to proceed
from this point forward and whether an amendment to the LDC will be required to
allow the administrative approval of wetland setback encroachments to continue.
Until this is resolved, the current staff position is that pools and pool deck
encroachments can be approved administratively, but the screen enclosure
encroachment must be approved through the LUHO process.
The challenge
with the LUHO process is there is cutoff once a month (either the 3rd
or 4th week of the month) and the final decision from the LUHO is
not rendered for three to four months. This could result in the approval of a
screen enclosure setback encroachment not being rendered until well after home
construction being completed. To look at the current LUHO schedule for
submittal dates, hearing dates and date of UHO decisions, paste the following
address in your web browser:
If you have a
lot that will have a pool setback encroachment, make sure you apply for the
screen encroachment as soon as possible.
We will
continue to work with County staff on this matter and keep you advised of any
changes in policy. If you have any questions, I can be reached at eem@lesc.com.
Everett Morrow
Chair, TBBA Horizontal Codes Committee
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