Manatee County commissioners give back former wetland buffers

Commissioner Jason Bearden said he made a mistake when he made a motion in August 2023 to reduce wetland buffers in Manatee County. 

So on Sept. 10, he made a motion to instruct staff to bring back the appropriate Comprehensive Plan amendments needed for the county to once again require 50-foot wetland buffers. 

The vote in August had moved the buffer requirement from 50 feet down to the state standard of between 15 and 25 feet.

“The citizens spoke,” Bearden said. “God gives grace to the humble and resists the proud, so if I made a mistake, I'll be the first to admit that I made a mistake.” 

Bradenton resident Matt Bower set the move in motion when he requested the county stop pursuing its claim for legal fees against former commissioner Joe McClash. McClash sued the county in December 2023 over the commission’s decision to cut the wetland buffers. 

He dropped his case due to the financial risk of Senate Bill 540 that states any challenger to a Comprehensive Plan must pay legal fees for all parties if they lose the case. McClash was representing himself; Manatee County used seven attorneys. 

Bearden’s first motion of the day was to instruct the county attorney’s office to stop pursuing fees from McClash. Commissioner George Kruse seconded the motion, but it failed in a 4-2 vote.

Depositions are scheduled for Oct. 1, and a hearing is scheduled for Oct. 15. The court will decide the outcome, but commissioners can vote to not accept money from McClash. 

While McClash is still on the hook for now, Bower was both shocked by and appreciative of Bearden’s turnaround during the commission meeting. 

“For once, it’s nice to see a board listening to some degree,” Bower said. 

Bearden’s motion to revert amendments that reduced wetland buffers carried 6-0. 

Bower pointed out that commissioners Beardon, Mike Rahn and Amanda Ballard are up for re-election in 2026. 

“If they want to hang on to their seats, they’re going to have to make some major changes,” he said.

Rahn felt the motion was happening too fast and would’ve preferred a workshop that included commissioners, residents and developers discussing the topic together before only commissioners cast their votes. 

Van Ostenbridge, who lost the primary to Kruse, put up the most resistance to the wetlands motion. He asked county attorney Pamela D’Agostino if the motion could expose the county to litigation, to which D’Agostino replied that she was not prepared to answer that question. 

Van Ostebridge’s concern stemmed from the county taking away property from owners, versus the prior action that awarded property to owners. 

Staff still needs to return to the board with the "appropriate amendments," which will then be voted on. If approved, the amendments will be added to the Comprehensive Plan.