COUNCIL OF THE LOWER KEYS, APPELLANT,
v.
CHARLEY TOPPINO & SONS, INC., AND THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION, APPELLEES
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Florida's Department of Environmental Regulation is not required to deny or modify an air pollution permit based on non-compliance with local zoning ordinances or land-use restrictions; permit issuance must be based solely on compliance with applicable pollution control standards.
An air pollution permit issued under Florida law must be based solely on compliance with applicable pollution control standards and rules, not on consistency with local zoning ordinances or land-use restrictions.
[1] An air pollution permit issued under Florida law is not a 'development order' subject to comprehensive plan consistency requirements under Section 163.3194(1), and the pe…
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Court's statement of the governing legal standard for air pollution permits
The Council of the Lower Keys challenged the Department of Environmental Regulation's issuance of an air pollution permit to Charley Toppino & Sons, I…
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PER CURIAM.
We agree with the conclusions of the Department of Environmental Regulation that it is not required or authorized by Sec. 163.3194(1), Fla.Stat. (1981)1 to deny or modify an air pollution permit, issued pursuant to Sec. 403.087-, Fla.Stat. (1981) and Florida Administrative Code Rules 17-2 and 17-4, because of alleged non-compliance with local zoning ordinances, land-use restrictions or long-range development plans; and that the issuance of such a permit must be based solely on compliance with applicable pollution control standards and rules. See Sec. 403.087(4), Fla.Stat. (1981).2 Accordingly, the final order under review is
Affirmed.
. This provision states that
163.3194 — Legal status of comprehensive plan.
(1) After a comprehensive plan or element or portion thereof has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted. All land development regulations enacted or amended shall be consistent with the adopted comprehensive plan or element or portion thereof, [e.s.]
The appellant’s position that an air pollution permit is a “development order” is completely belied by the definition of that term in Sec. 163.3164(5), (6), Fla.Stat. (1981).
. As the Department appropriately noted:
The issuance of such a permit by this Department, however, does not relieve the per-mittee from any duty to comply with applicable local requirements, [e.o.]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Manasota-88, Inc. v. Gardinier, Inc., 481 So. 2d 948 (Fla. 1st DCA 1986)…or reason. It is true that DER is not authorized to grant or deny a pollution permit on grounds other than compliance or non-compliance with applicable pollution control standards and rules. Counsel Of the Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67 (Fla. 3d DCA 1983). However, no logical reason appears to explain how the subject of air pollution can be considered a collateral issue in a proceeding the object of which is to secure an environmental permit for construction and operation of a faci…
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Vill. OF KEY Biscayne v. The Dep't OF Env't Prot., 206 So. 3d 788 (Fla. 3d DCA 2016)…er, the Petition’s allegations regarding local comprehensive plans and zoning regulations are also not within the zone of interest of this type of environmental permitting proceeding. See, e.g., Council of Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67, 68 (Fla. 3d DCA 1983); Taylor v. Cedar Key Special Water and Sewerage District, 590 So. 2d 481 (Fla. 1st DCA 1991) (reflecting that the department is not authorized to deny environmental permits based on alleged noncompliance with local land use re…
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Taylor v. Cedar KEY Special Water & Sewerage Dist. & State of Fla. Dep't of Env't Reg., 590 So. 2d 481 (Fla. 1st DCA 1991)…se restrictions and long-range development plans, because the issuance of the permit must be based only on the applicable pollution control standards and rules. § 403.-087, Fla.Stat. (1989). See Council of Lower Keys v. Charley Toppino & Sons, Inc., 429 So. 2d 67, 68 (Fla. 3d DCA 1983). Remedies apart from the permitting scheme are available should the District violate any mandatory requirements in that plan or other plans governing land use and development. AFFIRMED. SHIVERS, ZEHMER and MINER, JJ., concur…
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