Cutting down mangroves costs Jupiter couple Roger and Myrna Byrd $1.6 million fine, judge orders

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The Byrds in late 2010 removed 109 mangroves from their property on the Loxahatchee River without proper state and town permits.
Photographer: Courtesy Planning and Zoning

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Posted: 01/26/2012

— Don't mess with mangroves.

That's the message from the $1.6 million fine imposed Wednesday against Roger and Myrna Byrd of Jupiter, said Albrey Arrington, the Loxahatchee River Environmental Control District's executive director.

The Byrds in late 2010 removed 109 mangroves from their property on the Loxahatchee River without proper state and town permits.

"Those mangroves will take two or three decades to grow back. It is imperative the judicial system support laws to protect these critical habitats," Arrington said.

Mangroves, a spindly tree the state has protected since 1985, act as a nursery for sea life, filter water and reduce erosion. They locally grow to a height of about 25 feet.

The Byrds must pay the town $15,000 per tree, according to a ruling issued by Magistrate Paul Nicoletti. They must also pay legal fees to the town, the ruling said.

"The bottom line is you are not allowed to whack mangroves, and if caught, you shouldn't get away with it," Nicoletti wrote.

The Byrds will appeal, said their attorney, Greg Kino.

"That amount is certainly excessive. I am disappointed but confident we can win an appeal because the law is on our side," Kino said.

Neighbors near the Byrd's property on Riverside Drive and nearby town-owned property testified that Roger Byrd had complained on several occasions the mangroves were blocking his view of the river. One neighbor reported seeing landscapers with trucks removing the mangroves on weekends and after dark.

"Yes, that's a lot of money, but we've got to do this if the river is going to survive," said Bill Wood, who sold the property to the Byrds in 2010 for $1.2 million.

The Byrds turned down a compromise offer from the town last year to pay a fine of $109,000, or $1,000 a tree.

They still face a potential fine of $43,100 from the state Department of Environmental Protection for removing the mangroves.

DEP also wants the Byrds to replace the mangroves with about 280 red, black and white mangrove seedlings and comply with a maintenance program. DEP wants a conservation easement on the Byrd site that would give the state access, said DEP spokeswoman Cristina Llorens. The Byrds object to the easement, Llorens said.

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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