Fla. Admin. Code Ann. R. 18-20.019 - Boca Ciega Bay and Pinellas County Aquatic Preserves
The following rules, in addition to the provisions of rules 18-20.001 through 18-20.016, F.A.C., except for subsection 18-20.004(5), F.A.C., apply in the Boca Ciega Bay and Pinellas County Aquatic Preserves in recognition of their highly developed, urban nature.
(1) No dock shall extend waterward of the
mean or ordinary high water line more than 500 feet or 25 percent of the width
of the waterbody at that particular location, whichever is less.
(2) When the local government has more
stringent standards and criteria for docking facilities, the more stringent
standards for the protection and enhancement of the aquatic preserve shall
prevail.
(3) 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. 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.
(4) In a Resource
Protection Area 1 or 2, the main access dock shall be elevated a minimum of
five (5) feet above mean sea level.
(5) 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 sea level.
(6) Private residential single-family docks
shall conform to all of the following specific design standards and criteria.
(a) Main access docks shall be limited to a
maximum width of four (4) feet in a Resource Protection Area 1 or 2, and six
(6) feet in a Resource Protection Area 3.
(b) 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.
(c) Dredging to obtain navigable water depths
in conjunction with private residential, single-family docks is strongly
discouraged.
(d) For those docking
facilities terminating in a Resource Protection Area 1 or 2, a terminal
platform shall not exceed a total of 100 square feet which may include a lower
level platform of not more than 20 square feet to facilitate access between the
terminal platform and the waters of the preserve or a vessel. Covered slips
shall be in accordance with section
258.42 (3)(e)1., F.S.
(e) For those docking facilities terminating
in a Resource Protection Area 3, a terminal platform shall not exceed a total
of 250 square feet which may include a lower level platform of not more than 40
square feet to facilitate access between the terminal platform and the waters
of the preserve or a vessel. Covered slips shall be in accordance with section
258.42(3)(e)1., F.S. Total coverage of sovereignty, submerged lands of the
terminal platform, any lower level platform, and any covered slip which exceeds
the criteria in section 258.42(3)(e)1., F.S., shall not exceed 500 square
feet.
(7) Private
residential multi-slip docks shall conform to all of the following specific
design standards and criteria.
(a) The area of
sovereignty, submerged land preempted by the docking facility shall not exceed
the square footage amounting to thirty 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 30:1 threshold, to conserve and
protect shoreline resources and subordinate or waive any further riparian
rights of ingress and egress for additional docking facilities.
(b) 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.
(c) 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. This depth shall be a minimum of minus two
(2) feet at mean or ordinary low water.
(d) In a Resource Protection Area 1 or 2, the
main access docks and connecting or cross walks shall not exceed six (6) feet
in width.
(e) If requested by the
applicant, pilings may be used to provide adequate mooring
capabilities.
(f) The provisions of
paragraphs 18-20.019(8)(b) through
(g), F.A.C., shall also apply to private
residential multi-slip docks.
(8) Commercial, industrial and other revenue
generating/income related docking facilities shall conform to all of the
following specific design standards and criteria.
(a) 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. This depth shall be a minimum of minus three
(3) feet at mean or ordinary low water.
(b) Access channels shall be
prohibited.
(c) 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.
(d) The location of new
facilities and expansion of existing facilities shall consider the use of
upland dry storage as an alternative to multiple wet-slip docking.
(e) 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.
(f) Marinas
shall not be sited within state designated manatee sanctuaries.
(g) 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.
(9)
Alterations to the criteria in this section shall be authorized to accommodate
persons with disabilities or to comply with the Americans with Disabilities
Act.
(10) Private residential
single-family docking facilities constructed prior to 9-29-97 in conformance
with the permitting requirements of Pinellas County are hereby authorized to be
maintained or rebuilt for continued use. Such structures are grandfathered for
the purposes of reconstruction in the event of destruction or damage resulting
from any natural or man-made force. Design alterations to such structures,
however, must comply with the provisions of these rules.
(11) Private residential multi-slip and
commercial, industrial, or other revenue generating/income-related docking
facilities constructed prior to 9-29-97 in conformance with the permitting
requirements of Pinellas County and any applicable requirements of the
Department and the water management districts, and the rules of the Board are
hereby authorized to be maintained or rebuilt for continued use. Those private
residential multi-slip and commercial, industrial, or other revenue
generating/income-related docking facilities constructed prior to 9-29-97 in
conformance with the permitting requirements of Pinellas County but without the
requisite approval of the Board and the Department shall be considered
unauthorized structures unless the owner:
(a)
Registers with the Department on or before May 1, 1998, by providing a copy of
the permit issued by Pinellas County and a statement of intent to apply for a
lease of lands preempted from public use by May 1, 1999;
(b) Submits a completed application for lease
under chapter 18-21, F.A.C., by May 1, 1999; and,
(c) Pays standard lease fees, including lease
fees in arrears from April 9, 1991 or the documented date of the commencement
of construction, whichever is later. Lease fees shall be computed pursuant to
subsection 18-21.011(1),
F.A.C.
(12) Existing
structures previously authorized by the Board or pursuant to subsection
18-20.019(10) or
(11), F.A.C., are grandfathered for the
purposes of reconstruction in the event of destruction or damage resulting from
any natural or man-made force. Design alterations to such structures, however,
must comply with the provisions of these rules. This shall not be construed to
prevent routine repair.
Notes
Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(27), 258.396, 258.42, 258.43(1), 258.44 FS.
New 9-29-97, Amended 3-25-19.
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