Fla. Admin. Code Ann. R. 18-20.004 - Management Policies, Standards and Criteria

The following management policies, standards and criteria are supplemental to chapter 18-21, F.A.C. (Sovereignty Submerged Lands Management), and shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty lands in aquatic preserves.

(1) GENERAL PROPRIETARY.

(a) In determining whether to approve or deny any request the Board will evaluate each on a case-by-case basis and weigh any factors relevant under chapter 253 and/or 258, F.S. The Board, acting as Trustees for all state-owned lands, reserves the right to approve, modify or reject any proposal.

(b) There shall be no further sale, lease or transfer of sovereignty lands except when such sale, lease or transfer is in the public interest (see subsection 18-20.004(2), F.A.C., Public Interest Assessment Criteria).

(c) There shall be no construction of seawalls waterward of the mean or ordinary high water line, or filling waterward of the mean or ordinary high water line, except in the case of public road and bridge projects where no reasonable alternative exists and except as provided in section 258.42(3) (e)4., F.S.

(d) There shall, in no case, be any dredging waterward of the mean or ordinary high water line for the sole or primary purpose of providing fill for any area landward of the mean or ordinary high water line.

(e) A lease, easement or consent of use may be authorized only for the following activities:

1. A public navigation project;

2. Maintenance of an existing navigational channel;

3. Installation or maintenance of approved navigational aids;

4. Creation or maintenance of a commercial/industrial dock, pier or a marina;

5. Creation or maintenance of private docking facilities for reasonable ingress and egress of riparian owners;

6. Minimum dredging for navigation channels attendant to docking facilities;

7. Creation or maintenance of a shore protection structure, except that restoration of a seawall or riprap at its previous location, upland of its previous location, or within one foot waterward of its previous location is hereby exempted from any requirement to make application for consent of use;

8. Installation or maintenance of oil and gas transportation facilities;

9. Creation, maintenance, replacement or expansion of facilities required for the provision of public utilities;

10. Aquaculture; and

11. Other activities which are a public necessity or which are necessary to enhance the quality or utility of the preserve and which are consistent with the act and this chapter.

(f) For activities listed in subparagraphs 18-20.004(1)(e) 1.-10., F.A.C. above, the activity shall be designed so that the structure or structures to be built in, on or over sovereignty lands are limited to structures necessary to conduct water dependent activities.

(g) For activities listed in subparagraphs 18-20.004(1)(e) 7., 8., 9. and 10., F.A.C. above, it must be demonstrated that no other reasonable alternative exists which would allow the proposed activity to be constructed or undertaken outside the preserve.

(h) The use of state-owned lands for the purpose of providing private or public road access to islands where such access did not previously exist shall be prohibited. The use of state-owned lands for the purpose of providing private or public water supply to islands where such water supply did not previously exist shall be prohibited.

(i) Except for public navigation projects and maintenance dredging for existing channels and basins, any areas dredged to improve or create navigational access shall be incorporated into the preempted area of any required lease or be subject to the payment of a negotiated private easement fee.

(j) All private residential multi-slip docking facilities and commercial, industrial and other revenue generating/income related docking facilities require a lease from the Board in accordance with the application procedures and fees of chapter 18-21, F.A.C.

(k) Aquaculture and beach renourishment activities which comply with the standards of this chapter and chapter 18-21, F.A.C., may be approved by the Board, but only subsequent to a formal finding of compatibility with the purposes of chapter 258, F.S., and this rule chapter.

(l) Other uses of the preserve, or human activity within the preserve, although not originally contemplated, may be approved by the Board, but only subsequent to a formal finding of compatibility with the purposes of chapter 258, F.S., and this rule chapter.

(2) PUBLIC INTEREST ASSESSMENT CRITERIA.

In evaluating requests for the sale, lease or transfer of interest, a balancing test will be utilized to determine whether the social, economic and/or environmental benefits clearly exceed the costs.

(a) GENERAL BENEFIT/COST CRITERIA:

1. Any benefits that are balanced against the costs of a particular project shall be related to the affected aquatic preserve;

2. In evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves such as Apalachicola Bay shall be subject to a higher standard than the more developed preserves; and,

3. For projects in aquatic preserves with adopted management plans, consistency with the management plan will be weighed heavily when determining whether the project is in the public interest.

(b) BENEFIT CATEGORIES:

1. Public access (public boat ramps, boatslips, etc.);

2. Provide boating and marina services (repair, pumpout, etc.);

3. Improve and enhance public health, safety, welfare, and law enforcement;

4. Improved public land management;

5. Improve and enhance public navigation;

6. Improve and enhance water quality;

7. Enhancement/restoration of natural habitat and functions; and,

8. Improve/protect endangered/threatened/unique species.

(c) COSTS:

1. Reduced/degraded water quality;

2. Reduced/degraded natural habitat and function;

3. Destruction, harm or harassment of endangered or threatened species and habitat;

4. Preemption of public use;

5. Increasing navigational hazards and congestion;

6. Reduced/degraded aesthetics; and,

7. Adverse cumulative impacts.

(d) EXAMPLES OF SPECIFIC BENEFITS:

1. Donation of land, conservation easements, restrictive covenants or other title interests in or contiguous to the aquatic preserve which will protect or enhance the aquatic preserve;

2. Providing access or facilities for public land management activities;

3. Providing public access easements and/or facilities, such as beach access, boat ramps, etc.;

4. Restoration/enhancement of altered habitat or natural functions, such as conversion of vertical bulkheads to riprap and/or vegetation for shoreline stabilization or re-establishment of shoreline or submerged vegetation;

5. Improving fishery habitat through the establishment of artificial reefs or other such projects, where appropriate;

6. Providing sewage pumpout facilities where normally not required, in particular, facilities open to the general public;

7. Improvements to water quality such as removal of toxic sediments, increased flushing and circulation, etc.;

8. Providing upland dry storage as an alternative to wetslip; and,

9. Marking navigation channels to avoid disruption of shallow water habitats.

(3) RESOURCE MANAGEMENT.

(a) All proposed activities in aquatic preserves having management plans adopted by the Board must demonstrate that such activities are consistent with the management plan.

(b) No drilling of oil, gas or other such wells shall be allowed.

(c) Utility cables, pipes and other such structures shall be constructed and located in a manner that will cause minimal disturbance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with traditional public uses.

(d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at a minimum, not harmful to the quality and utility of the preserve.

(4) RIPARIAN RIGHTS.

(a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the traditional, common law and statutory riparian rights of upland riparian property owners adjacent to sovereignty lands.

(b) The evaluation and determination of the reasonable riparian rights of ingress and egress for private, residential multi-slip docks shall be based upon the number of linear feet of riparian shoreline.

(c) For the purpose of this rule, a private residential, single-family docking facility which meets all the requirements of subsection 18-20.004(5), F.A.C., shall be deemed to meet the public interest requirements of paragraph 18-20.004(1)(b), F.A.C. However, the applicants for such docking facilities must apply for such consent and must meet all of the requirements and standards of this rule chapter.

(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES.

(a) All docking facilities, whether for private residential single-family docks, private residential multi-slip docks, or commercial, industrial, or other revenue generating/income related docks or public docks or piers, shall be subject to all of the following standards and criteria.

1. No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less.

2. Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading.

3. Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

4. In a Resource Protection Area 1 or 2, any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

5. In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean or ordinary high water.

6. Existing docking facilities constructed in conformance with previously applicable rules of the Board and in conformance with applicable rules of the Department are authorized to be maintained for continued use subject to the current requirements of chapter 18-21, F.A.C. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules of the Board. This shall not be construed to prevent routine repair.

(b) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

1. Any main access dock shall be limited to a maximum width of four (4) feet.

2. The dock decking design and construction will ensure maximum light penetration, with full consideration of safety and practicality.

3. The dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet (mean low water).

4. When the water depth is minus four (-4) feet (mean low water) at an existing bulkhead the maximum dock length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang.

5. Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

6. Terminal platform size shall be no more than 160 square feet.

7. If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of five (5) feet above mean or ordinary high water. Up to 25 percent of the surface area of the terminal platform shall be authorized at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel.

8. Docking facilities in a Resource Protection Area 1 or 2 shall only be authorized in locations having adequate existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged resources at mean or ordinary low water; and,

9. Dredging to obtain navigable water depths in conjunction with private residential, single-family dock applications is strongly discouraged.

(c) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

1. The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to section 258.42(3), F.S., while dredging in Resource Protection Area 3 shall be strongly discouraged.

3. Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. Main access docks and connecting or cross walks shall not exceed six (6) feet in width.

5. Terminal platforms shall not exceed eight (8) feet in width.

6. Finger piers shall not exceed three (3) feet in width, and 25 feet in length.

7. If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

8. The provisions of paragraph 18-20.004(5)(d), F.A.C., shall also apply to private residential multi-slip docks.

(d) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

1. Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean or ordinary low water.

2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to section 258.42(3), F.S.; while dredging in Resource Protection Area 3 shall be strongly discouraged.

3. Docking facilities shall not terminate in Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. Docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas.

5. Expansion of existing facilities shall take precedence over approval of new facilities.

6. Use of upland dry storage shall take precedence over the creation of new wet slips.

7. Marinas shall not be sited within state designated manatee sanctuaries.

8. In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part of a wetland resource or environmental resource permit for the facility.

(e) Alterations to the criteria in subsection 18-20.004(5), F.A.C., shall be authorized to accommodate persons with disabilities or to comply with Americans with Disabilities Act.

(6) MANAGEMENT AGREEMENTS.

The Board may enter into management agreements with local agencies for the administration and enforcement of standards and criteria for private residential single-family docks.

(7) The aquatic preserve management plans shall be used by the Department to preserve and restore the distinctive characteristics identified by the inventories for each aquatic preserve. The management plans for each aquatic preserve are available for guidance purposes only at the following Internet website address: https://floridadep.gov/rcp/rcp/content/site-management-plans.

Notes

Fla. Admin. Code Ann. R. 18-20.004

Rulemaking Authority 258.43(1) FS. Law Implemented 258.41, 258.42, 258.43(1), 258.44 FS.

New 2-25-81, Amended 8-7-85, Formerly 16Q-20.04, 16Q-20.004, Amended 9-4-88, 3-6-94, 4-27-94, 6-12-97, 9-29-97, 5-27-99, Amended by Florida Register Volume 45, Number 049, March 12, 2019 effective 3/25/2019.

New 2-25-81, Amended 8-7-85, Formerly 16Q-20.04, 16Q-20.004, Amended 9-4-88, 3-6-94, 4-27-94, 6-12-97, 9-29-97, 5-27-99, 3-25-19.