The Fight to Save Chiquita Lock

The City of Cape Coral has requested permission to remove the Chiquita Lock — a move that many people believe will cause significant environmental damage and degradation to important mangrove habitats and waterways, including Matlacha Pass Aquatic Preserve, San Carlos Bay, and the waters of Sanibel, Captiva, and Pine islands. The Florida Department of Environmental Protection has filed a notice of intent to issue the permit.

The Chiquita Lock and the South Spreader Waterway were constructed more than 30 years ago by early Cape developers to remedy a Clean Water Act enforcement action brought in 1977 by the predecessor of FDEP, the Florida Department of Environmental Regulation (“DER”). The Lock is a water detention barrier across the South Spreader Waterway in Cape Coral designed to separate the canal waters of the southern end of the City from U.S. navigable waters at the Caloosahatchee River. It serves the purpose of retaining water so that it can be filtered through the mangrove system before flowing into our estuaries. Without this water flow, the mangroves will also die, leading to less protection from future tropical storms and hurricanes.

For years, Cape Coral has been fighting to remove the lock so that boaters can gain quicker access to the Gulf. In 2018, the FLDEP issued a notice of intent to allow the removal of the lock. Then, after a legal challenge by MCA and others, that order was reversed in 2020.

Now, Cape Coral has developed a new request to remove the lock by adding in provisions that they say will mitigate any adverse environmental impacts.

A coalition has been formed to fight the Cape’s latest attempt to get a permit to remove the lock. The coalition, which includes the Matlacha Civic Association (MCA), the Sanibel-Captiva Conservation Foundation (SCCF), Calusa Waterkeeper and individuals Daniel Carney, James Collier, Kevin Sparks and Kathleen Walsh, filed a petition for an administrative hearing against the order to issue the lock’s removal.

• The petition was filed in April 2023. Read the full petition here.

The MCA had asked the GPICA to join as a named petitioner and to spend up to $12,500 to financially support the legal fight against the removal of the lock. MCA President Michael Hannon gave a presentation about this issue and the request during the April meeting.

• You can view Hannon’s presentation to the GPICA membership here, starting at about minute 40.
• The issue was also the focus of the May 17 meeting of the MCA. You can view their recording of the meeting on their Facebook page here.

The GPICA held a special Board meeting to consider the request and the Board voted to:

• Not join as a named petitioner, for fear that the organization could be responsible for Cape Coral attorneys’ fees should the suit fail.
• Request GPICA members to vote on a proposal to provide financial assistance for the suit.

During the May 2, 2023, meeting, the GPICA membership approved: 

• A $2,500 direct expenditure to support the suit;
• Allowance to provide up to an additional $5,000, based on matching donations provided by GPICA members. (GPICA would match each donation up to a total of $5,000.)

October 2023 Update:

In August, Cape Coral asked that the petition be thrown out because it was not filed in a timely manner. After hearings in August and September, the judge ruled that the petition was timely and has allowed the issue to move forward. The next hearing is scheduled for Nov. 29 in Fort Myers. A hearing time has not yet been set.

• The judge’s order

GPICA Contributions, as of October 2023:

• Original GPICA Pledge: $2,500, plus dollar-for-dollar matching for contributions made by our members.
• Donations from Members: $2,725
• Paid to date: $2,500
• Total remaining in Chiquita Lock fund: $5,450
• You can still make a donation to the fund. Click here now. https://gpica.square.site

Note: Calusa Waterkeeper and the Sanibel-Captiva Conservation Foundation (SCCF) were both initially petitioners in the lawsuit but decided to drop out for fear of being held financially responsible for Cape Coral’s attorney’s fees, should the case be decided in the Cape’s favor.

• Waterkeeper statement on withdrawal: https://calusawaterkeeper.org/news/statement-on-the-challenge-to-remove-the-chiquita-lock-226475/

Additional Background and Information about the Chiquita Lock

• Calusa Waterkeeper Position statement
• History and additional background from Calusa Waterkeeper 

Nov. 27, 2023 Update