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The Pulse: Growth, rights, sustainability: Finding the right balance

By Staff | Sep 20, 2024

Every day, we encounter the effects of our growing population–in our favorite restaurants, at the grocery store, and especially on our roads. It’s no secret that Lee County is bustling with people. As a county commissioner, one of my roles is to make decisions on zoning cases, which often involve property owners wanting to change the use of their land. A common request is to convert agricultural land into residential or commercial use. With our population spiking, the debate on county growth has become increasingly heated, touching core values of property rights, government intervention, and environmental stewardship.

Sometimes the narrative gets twisted in such a way that people think the government is controlling the drive for more rooftops. The reality is often this: Imagine a farmer who has worked their land for decades, now planning to sell it as part of their retirement. They have the right to choose if they want to sell it as is or apply to have the land-use changed so that it will provide a larger return on their investment. As commissioners, we are not the ones pushing to convert farms to housing communities. However, we are required to hear these land-use change requests as part of a property owner’s due process. These decisions are part of an important procedure that underscores the value we place on property rights not only in this county, but in our nation.

Stopping growth — is that the role of government? And how much of your tax dollars are you willing to risk in court to halt it? Federal and state laws stipulate that if local government doesn’t allow you to use your land, they owe you compensation. Courts have ruled that regulations devaluing your land or taking away your ability to use it are equivalent to a government taking. This has led to situations where the county has had to pay developers with your tax dollars due to court losses or settlements.

But there’s a proactive strategy that’s been working: the Conservation 20/20 program. This allows the county to buy land from private property owners to protect it from development. For instance, the Bob Janes and Telegraph Creek Preserves are part of Conservation 20/20 and help protect East Lee County from becoming overdeveloped. These lands are removed from the tax rolls, but they are invaluable investments in our county’s natural beauty and environment. Additionally, the Babcock Ranch Preserve, owned by the State of Florida, also contributes 68,000 acres to this goal by preserving vast areas in East Lee County.

Balancing development and conservation goes beyond land acquisition. We mandate open spaces within new developments, connect to public utilities to curb pollution, and impose impact fees to ensure developers contribute their fair share to infrastructure. Replanting native vegetation in new developments isn’t just for aesthetics; it restores natural flow ways and wildlife corridors.

Traffic is a daily challenge we all face. One effective solution is to encourage job and service growth around residential areas. By making smart land use decisions, we can ensure that people find schools, jobs, grocery stores, and other amenities close to home, reducing the need for long commutes.

The conversation on how we grow as a county is ongoing, and the decisions made will shape our landscape — both literally and figuratively — for generations to come. Navigating the delicate interplay of growth, rights, and sustainability is not easy, but it is necessary.

Brian Hamman, Lee County Commissioner, representing District 4, which includes parts of North Fort Myers