Downloadable paper copy of the petition that you can print, sign, and mail to commissioners or bring to the rezoning hearing

This document serves as a formal objection to the proposed rezoning and industrialization of the parcel located along CR 833 (Sam Jones Trail) adjacent to Montura Ranch Estates. This objection is submitted on behalf of the concerned residents and stakeholders of Hendry County who seek to uphold the integrity of the Hendry County Comprehensive Plan and the Land Development Code (LDC).

The proposed transition from agricultural use to a high-intensity, 100-year sand mining operation represents a fundamental departure from the county’s established land-use goals. As Hendry County navigates its 2025–2030 Comprehensive Plan review cycle, it is imperative that the Board of County Commissioners adheres to the core mandate of protecting the "health, safety, and welfare of the citizens" (Sec. 1-53-1) and preserving the "rural character" that defines our community.

The following evidence demonstrates that the proposed rezoning is incompatible with existing residential life, poses an unmitigated risk to the regional aquifer, and fails to meet the heightened regulatory standards codified in Ordinance No. 2026-02 and emerging 2026 Florida Water Regulations.

The objection rationales are as follows:

1. Violation of the Desired Community Type and Vision

The proposed rezoning contradicts Hendry County’s vision to be "an outstanding rural community in which to live, work, and play" [3]. For the Montura area, the mandate is to "maintain the existing rural character" where "single-family residential with hobby farms remain the predominant use" (Policy 1.1.16) [3]. Introducing industrial operations into an area defined by "large lots, significant open space and undisturbed native vegetation" constitutes an erosion of the "quiet country living" promised to its citizens.

2. History of Public Opposition and Community Impact

This proposal has faced massive outcry from residents protecting their "rural residential agricultural area" [4]. In hearings, residents testified the mine would "irreversibly alter the natural balance of the area" [4]. The Hendry County Code of Ordinances requires the Board to consider:

"...whether the proposed change would be compatible with the current and future use of adjacent and nearby property" (Sec. 1-52.3(f)(4)) [2].

3. Impact on Safety and Welfare of the Aquifer

Dredging to 145 feet, matching residential well depths, presents an existential threat. This violates core protection policies:

"The County shall protect its groundwater resources from activities that would cause significant degradation of water quality or a reduction in the water table" (Policy 4.1.1) [3].

As of the 2025–2030 review cycle, the County is integrating more rigorous Water Supply Facilities Work Plans. In coordination with the South Florida Water Management District (SFWMD), the county is using "three-dimensional groundwater flow models to evaluate the impact of proposed high-volume water uses (like mining) on major freshwater aquifers" [5]. New policy drafts under the Conservation Element prioritize "Ecological Services," providing "stricter regulations for land uses that protect aquifer recharge areas" [5].

4. Emerging State and Local Regulatory Standards (2026)

Following the Montura rejection, Hendry County codified Ordinance No. 2026-02, which reinforces the requirement for "competent substantial evidence regarding water quality" before any "Resource Extraction" (mining) can be approved [2]. Furthermore, state-wide changes taking effect in 2026 impact on how private wells in rural areas are managed:

·       Mandatory Testing: New regulations may require "annual or biannual water quality testing for private wells serving single-family homes in 'environmentally sensitive' or 'impacted' areas" [6].

·       Wellhead Protection: The FDEP has strengthened its program, allowing local governments to "prohibit hazardous new installations" [7].

5. Failure to Provide Competent Substantial Evidence

The applicant failed to prove industrial use is compatible with the community. Under Hendry County LDC, the burden of proof lies with the developer:

"The applicant for a mining permit shall demonstrate that the proposed mining operation will not have a significant adverse impact on the surrounding area or on the county’s environment or resources" (Sec. 1-53-6.16) [2].

Regardless of the creation and submission of such evidence, public outcry will overshadow any and all attempts to move this rezoning forward. We as a community of Montura Estates, Clewiston, Hendry County, and Florida vehemently oppose the Reclassification from General Agriculture (A-2) to Planned Unit Development (PUD).

Official References

Hendry County Board of County Commissioners. Meeting Minutes, July 22, 2025.
Hendry County Code of Ordinances. Part III: Land Development Code (LDC). Sections 1-52.3, 1-53-1, 1-53-6.16; Ordinance No. 2026-02. [Municode]
Hendry County Comprehensive Plan. (2022 Update/2025 Review). Policy 1.1.16, Policy 4.1.1. [Source]
Lake Okeechobee News. "Commissioners Reject Proposal for Sand Mine Near Montura." July 24, 2025. [Article]
South Florida Water Management District (SFWMD). Water Supply Facilities Work Plans & Groundwater Models. [SFWMD.gov]
Florida Emerging Water Regulations (2026). Mandatory Testing Standards for Private Wells.
Florida Department of Environmental Protection (FDEP). Wellhead Protection Program Updates. [FloridaDEP.gov]