ORANGE BEACH — A second building moratorium has been enacted in Orange Beach, this one suspending any development within 15 feet of wetland territory to protect the “natural state” and prevent flooding of already built homes.

After some discussion at the May 6 council meeting, where an ordinance considering the density calculations and setback requirements on properties with wetlands had its first reading, city council members and Mayor Tony Kennon mentioned the creation of a moratorium while they discussed how this issue should be handled.

“I wanted to vote on this tonight, but obviously we don’t have a consensus," Councilwoman Joni Blalock said.

Councilwoman Annette Mitchell suggested “before we put a moratorium on anything else” to put off the vote until their next meeting, which was May 20.

Councilman Jeff Boyd said he agreed with something Councilman Jeff Silvers had earlier stated on how the city could “quit amending this” until the results from the first comprehensive study, prompted by the first moratorium, were in “before we act on this.”

“I have a concern for wetlands and protection of the environment and being very good stewards of what we have, but this one is a very touchy one, and I don’t want to open the door for a cause and effect that we may not be looking at or that we have overlooked," Boyd said.

The mayor compared the situation to biblical King Solomon “splitting the baby in some ways.”

The situation came to light because some current development is located on or near wetland property.

“Then we go back later, or community development goes back later, and people have filled in the wetlands and made playgrounds or whatever,” Blalock said. “So, basically, we’re trying to find a way to save the wetlands because the wetlands are so very important.”

Kennon agreed but added that it is a “two-part” issue creating a “darned if you do, darned if you don’t” scenario.

“We are having an increased number of complaints of flooding because of either wetlands within a residential community being filled in or abused and just the pure number of rooftops [in communities],” he said. “… Hopefully, end result is greater stormwater drainage and movement and protection of those who are here without real damage to those who wish to be here.”

The moratorium was prompted by the wetland density/setback ordinance, which had its first reading at the May 6 council meeting. It’s second reading and ultimate vote was held at the May 20 council meeting.

At its second reading, the ordinance was unanimously approved to be postponed indefinitely, and a six-month moratorium on building within 15 feet of all wetlands in Orange Beach was unanimously approved after council ruled to suspend the rules for immediate consideration of the temporary moratorium.

Blalock was absent from the May 20 council meeting.

Kennon said at the May 20 meeting how this is so the city can learn to “understand the types and the ramifications” associated with wetland legislation.

“I feel like 15 feet is too much [long-term]. It’s an intrusion on people’s property, but I do think that there is merit to looking at it and seeing what does make sense,” Kennon said. “… [We’re] going to roll it into its own moratorium and evaluate it.”

The first moratorium Orange Beach passed, which is still in effect, focuses on certain multi-family projects and subdivision applications, according to previous reporting from GCM. That first moratorium is set to last nine months, expiring near the end of the year.

During the May 6 meeting, some voiced opinions by commenting on the Facebook live stream about how the city is handling the issue, speaking on how it’s “protecting wetlands” and protecting the lifestyle that is “as close to paradise as it is possible to do so on Earth.”

“Let’s face it — there is only so much land in the city, and one day development will have to stop,” one comment reads.

Another comment reads, “We can’t handle anymore density on the island.”

Another comment spoke on neighborhoods with residents dealing with backyard flooding and how “those residents appreciate the city” trying to tackle wetland protocol.