On January, 21, 2021, the County Attorney's office prevailed on all cases (4 cases and 10 Notice of Violations) prosecuting violations against West Boynton Ranches Holdings, Inc. (the partnership) in administrative court. Honorable Earl Mallory ruled in the County's favor.
The magistrate's ruling focused on the failure of the partnership to obtain permits even after the County demanded they stop construction. If the partnership fails to obtain all the necessary permits it could face daily fines of $17,000. A lake was excavated on land preserved for agricultural use with a conservation easement. That easement can only be removed by the Board of County Commissioners.
The following is what the partnership must complete according to the magistrate's order:
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Board of County Commissioners Approval - one year to obtain (this process normally takes two years). If approval is not granted, the fine will be $5,000 a day indefinitely after the year elapses.
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Building Permit - 90 days to obtain a permit or daily fine of $250
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Excavation Permit – 270 days or daily fine of $1,000
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Flood plain review permit - 180 days to obtain or daily fine of $1,000
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Landscape Permit - 90 days to obtain or daily fine of $250
Additionally, the partnership must obtain a demolition permit for a house it had built and then demolished and were ordered to completely remove a dock they installed.
The partnership began building the lake about a year ago without required permits. The County began issuing violations in mid-June and early July. In December, the partnership applied for certification from the Department of Agriculture for a fish farm and took the position that permits were not required under the Right to Farm Law. The magistrate did not agree.
“We have sent the message loud and clear to land developers going forward that when the County finds a violation, we will proceed to prosecute," said Commissioner Maria Sachs. "Further, the attempt to use a State agency or any other governmental entity against another is simply not going to work.”
