I am writing as a concerned resident of Key Biscayne regarding the Village’s Swale Maintenance Compliance Program, which is now moving into enforcement.
The Village is correct when it states that property owners are responsible for maintaining the swale adjacent to their property. The official page reads: “Property owners are responsible for maintaining the swale adjacent to their property. Keeping your swale clear and compliant helps protect your property, your neighbors, and the community.”
What the Village does not openly address is that it continues to allow parking on these very swales.
The FAQ states: “Can I park on the swale? Yes, though parking must comply with Village code and safety requirements.” While it adds that damaging parking may be enforced, the reality is that regular vehicle parking on grass swales destroys sod, compacts soil, and damages irrigation systems, exactly the conditions owners are now expected to repair at their own cost, with fines of up to $250 per day looming after the warning period.
This is inconsistent and unfair. Residents are held fully responsible for swale upkeep, yet Village policy enables the very activity that accelerates their deterioration.
Adding to resident frustration is the broader picture of how Village funds are being used. The Village recently spent approximately $8 million on consultants to develop a major climate-resilient flood and drainage plan that was later scrapped. Now we are going to penalize owners for trying to protect and maintain the very areas they are responsible for? And we are going to dedicate public resources to harass and fine them for it?
Well-maintained swales matter for drainage, safety, and flood prevention. But forcing property owners to bear the full cost and responsibility while the Village’s own policies and spending decisions undermine the goal is poor governance.
I urge the Village Council to fix this contradiction: either enforce meaningful restrictions on damaging parking or provide realistic support and expectations for swale maintenance. Residents should not be penalized for a system that works against itself.
Respectfully,
Pablo Venturino