New Port Customs House Wrinkle: Feds Will Prevail

By Mike Lednovich

The latest twist in the ongoing controversy regarding the U.S. Customs and Border Protection (CBP) building at the Port of Fernandina is that the feds are free to do whatever they want on the property despite city regulations regarding the land and structure.

Fernandina Beach City Attorney Tammi Bach said in an email to Commissioner Chip Ross that federal authority supersedes all local jurisdiction.

The Ocean Highway and Port Authority (OHPA) and CBP have been in a prolonged dispute over the historic structure and much-needed upgrades or total replacement of the building to meet the operational needs of U.S. Customs. But OHPA has no money to fund any improvements.

After Wednesday's OHPA meeting in which the U.S. Customs demand was discussed, Ross emailed asking about the city requirements regarding the structure.

"Am I correct that in this case Customs would have to apply for the zoning change and therefore would have to own the property?" Ross asked the City Attorney.

Bach answered "Yes, the Feds preempt City zoning regulations. The Supremacy Clause of the U.S. Constitution."

Her email provided the following: The federal government is immune to local zoning via the supremacy clause:

"To begin, the federal government is not bound by local zoning ordinances. The supremacy clause of the federal constitution provides that a constitutional exercise of federal power is supreme to the laws passed by the states or their subdivisions. Thus, local zoning ordinances must yield to any valid exercise of federal power.

U.S. Customs and Border Protection currently has a lease agreement ending in April 2024 at the current building at Third and Dade streets. Customs has said repeatedly that the converted single-family house is in dire need of upgrades and is not large enough for the agency to conduct port business. The port recently had to replace an air conditioning unit at the facility.

The U.S. Customs House is also located in the city's historic district. All structures in this district must meet the stringent standards of design and materials by the city's Historic District Council. Bach's email makes it clear U.S. Customs would not have to abide by those standards or city zoning/restrictions.

In August, the CBP office in Jacksonville sent OHPA a letter demanding to know how OHPA plans to fund the construction of a new office. The letter from Jennifer Bradshaw, U.S. Customs and Border Protection’s Area Port Director in Jacksonville, detailed the agency's dissatisfaction with having been promised a new facility at the port for several years with no signs of progress.

"To efficiently, and successfully perform its mission, CBP requires appropriate, up-to-date inspections space at the Port," Jennifer Bradshaw, U.S. Customs and Border Protection’s Area Port Director in Jacksonville stated in the letter.

At their meeting Wednesday, former port director David Kaufman said in discussions with CBP, OHPA is considering hiring an architect to draw plans for an office that meets the needs of the agency. He said funding might come from the Florida Ports Council. A meeting with Bradshaw to discuss solutions to the customs house problem was being scheduled for October.