Developments of Regional Impact (DRI)

In order to protect its natural resources and environment while facilitating orderly and well-planned development, Florida created the Development of Regional Impact (DRI) process. The DRI program establishes criteria and procedures to ensure that local development decisions address the regional impacts of proposed large-scale developments. A DRI is defined as a development which because of its character, magnitude, or location, results in a substantial effect on the health, safety, or welfare of citizens of more than one county (Section 380.06, F.S.).

The DRI Purpose

• Identifies Issues Early in the Process
• Provides Extra-Jurisdictional Approach
• Allows for State and Regional AgencyExpertise and Technical Assistance
• Assesses and Mitigates Project Impacts to State and Regional Resources and Facilities

Chapter 28-24, F.A.C., identifies the types and size thresholds of developments subject to DRI review. If there is doubt as to whether a proposed development is a DRI, a legal determination of the project's status may be requested by submitting a request to the Bureau of Local Planning in the Division of Community Planning.

If a proposed development is required to undergo DRI review, it must be processed in accordance with the procedures contained in Chapter 380, F.S., and its implementing regulations in Chapter 9J-2, F.A.C. A previously approved DRI may be subject to additional DRI review if a substantial deviation from the terms of the original approval is proposed.

In order to protect its natural resources and environment while facilitating orderly and well-planned development, Florida created the Development of Regional Impact (DRI) process. The DRI program establishes criteria and procedures to ensure that local development decisions address the regional impacts of proposed large-scale developments. A DRI is defined as a development which because of its character, magnitude, or location, results in a substantial effect on the health, safety, or welfare of citizens of more than one county (Section 380.06, F.S.).

Chapter 28-24, F.A.C., identifies the types and size thresholds of developments subject to DRI review. If a proposed development is required to undergo DRI review, it must be processed in accordance with the procedures contained in Chapter 380, F.S., and implementing regulations in Chapter 9J-2, F.A.C. A previously approved DRI may be subject to additional DRI review if a substantial deviation from the terms of the original approval is proposed.

Like any large parcel planning apparatus, the DRI process anticipates careful natural resource planning and the consideration of habitat and wildlife protection needs either on-site or through agreed upon off-site mitigation. Agreed upon habitat conservation areas, buffers, set-asides, management needs, mitigation costs, etc are laid out in an adopted development order (DO) and often further described within appended wildlife an habitat conservation plans.  Once adopted, the DO governs use of the land irrespective of new or number of owners.  Any substantial modifications of adopted use or management occur through amendments to the DO involving state agency review. 

In regards use of the DRI process for wildlife and habitat benefits at least three important aspects need to be followed:

·         plan externally,

·         plan internally and,

·         include long-term management actions and responsibilities.

First, early on in the process, during the preapplication meetings or during first sufficiency reviews of the Application for Development Approval (ADA) the local government(s) ought to sit with the applicant and identify important landscape and habitat features that exist on, adjacent and nearby the project.  The planning objective is to look for opportunities to keep natural landscape linkage and habitats intact both within the development proper and to adjacent parcels. Off-site natural corridor linkages along rivers, wetlands, streams or uplands can be identified and crafted into the overall plan of development. Plans of development for the parcel have not been legally established at this stage and there are great opportunities to shift proposed developmental densities and intensities, roads and other infrastructure locations and identify wildlife favorable onsite or off-site restoration/enhancement/management actions. 

Second, plan in detail within the proposed DRI acreage relative to the applicant’s envisioned development scheme.  The basics often apply here strive to:

• Maintain or enhance the variety, connectedness and size of vegetation and water related features (wildlife habitats) where the greater the variety, size and connectedness of habitat areas, the more useful and sustained they will be to wildlife.

• Manage for specific wildlife by know the habitat requirements of the species and its needs for cover, food, water, space and acceptable level of disturbance and the arrangement of these factors. 

Third, develop a long-term habitat and wildlife management plan for the DRI that provides for realistic actions, expectations and management responsibilities. So often DRI’s are approved with specific habitat features included but little-to-no direction on long-term management actions and responsibilities. Future land managers within the DRIs (e.g., golf course operators, landscapers, the homeowners and their associations) are often unaware of specific agreements and actions in their approved development orders.

9J-2.041 Listed Plant and Wildlife Resources Uniform Standard Rule

Other than allowing for larger wildlife, habitat and natural functions landscape planning for a proposed development, The DRI process through Rule 9J-2 establishes how the Department will evaluate the specific impacts of development on listed plant and wildlife species and listed wildlife species habitats.

A development order shall be determined adequate for the protection of listed plant and wildlife species and listed wildlife species habitats if it contains the applicable preservation and mitigation standards and criteria set forth in 9J-2.  In general, those state and regional resources experiencing the greatest endangerment or threats to their continued viability need the lowest allowable development related impacts and the greatest protection or mitigation for their protection.  Avoidance of impacts to state and regionally significant listed plant and wildlife resources is emphasized as the most desirable and first option that should be considered in the DRI development review process.

 
However, at times, impacts listed plant and wildlife resources will need to be addressed through appropriate mitigation. Generally, onsite mitigation and management is preferable to offsite mitigation though latitude is given so that the onsite, off-site or combination approach can be selected that will best ensure long-term species and habitat protection. For plants, avoidance or mitigation against a significant impact to an onsite population shall consist of the preservation of the imperiled listed plant species population coupled with the development of a management plan that will avoid the adverse impacts of development on the plants. The development order shall specifically identify the location and size of the onsite land to be preserved, and restrict use of the preservation land and shall identify any onsite management practices and fiscal resources necessary to preserve the habitat related attributes of the preserved land.

Offsite mitigation sites for specific species shall be biologically manageable and appropriate for the listed plant and wildlife species requiring mitigation. Offsite mitigation shall be type-for-type and acre-for-acre habitat acquisition or preservation, or other acquisition or preservation of mitigation habitat of comparable biological value for the listed species requiring mitigation.

 Linkage to the Adopted Comprehensive Plan

For the local government it is important to note that the development order shall require that all onsite preservation lands be shown on the local government comprehensive plan Future Land Use Map as a conservation land use designation for the protection of the listed species due to a DRI mitigation requirement.

This land use designation will be tied directly to associated comprehensive plan policies ensuring the continued site specific protection of the listed species on the preservation lands. The conservation land use designation and the associated site specific protection policies shall be adopted as part of the Future Land Use Element of the local comprehensive plan within one year of the issuance of the development order, and prior to the commencement of any development onsite that would significantly impact listed species or their habitat, except for a subsection 380.032(3) or 380.06(8), Florida Statutes, development agreement.

The development order shall clearly designate the onsite preservation area as a preservation area to be managed and retained in a natural state for the continued protection and sustainability of the listed species and their habitat requiring preservation, and shall prohibit all development and all use of the preserved land, except for specific activities approved by the development order such as appropriate management, passive recreation or the clearing of exotic species, where such activities are consistent with the purpose for which the land is to be preserved.

1. DCA's DRI Web Site Information Page

2. DCA PowerPoint presentation on DRIs
3. Example Vegetation and Wildlife D.O. Conditions From the WindMark DRI in Gulf County Florida

4. Online Sunshine - Chapter 380.06 - DRI Statute

5. 9J-2.041 Listed Plant & Wildlife Resources Uniform Standard Rule - open and go to Section 9J-2.041 Listed Plant & Wildlife Resources.