Fla. Admin. Code Ann. R. 18-21.004 - Management Policies, Standards, and Criteria

The following management policies, standards, and criteria shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty submerged lands, except activities associated with aquaculture. The management policies, standards, criteria, and fees for aquacultural activities conducted on or over sovereignty submerged lands are provided in rules 18-21.020 through 18-21.022, F.A.C.

(1) General Proprietary.

(a) For approval, all activities on sovereignty lands must be not contrary to the public interest, except for sales which must be in the public interest.

(b) All leases, easements, deeds or other forms of approval for sovereignty land activities shall contain such terms, conditions, or restrictions as deemed necessary to protect and manage sovereignty lands.

(c) When satisfactory evidence of sufficient upland interest is not fee simple title, the term of the sovereignty submerged lands authorization will be determined by rule 18-21.008, 18-21.009 or 18-21.010, F.A.C., if applicable. However, in no case shall the term exceed the remaining term of the sufficient upland interest unless the fee simple title holder agrees to become a co-holder of the sovereignty submerged lands authorization.

(d) For construction of docks and piers when satisfactory evidence of sufficient upland interest is not fee simple title, the applicant's interest must cover the entire shoreline of the adjacent upland fee simple parcel or 65 feet, whichever is less. However, this provision shall not apply to existing docks or piers constructed in conformance with previously applicable rules of the Board where the proposed activity is repair that is consistent with the applicable provisions of the rules of the Board; minor modifications that do not change the boundaries of the preempted area previously authorized; or where such activities result in reduced preemption within the confines of the preempted area previously authorized.

(e) Equitable compensation shall be required for leases and easements that generate income or revenue for a private user or that limit or preempt use by the general public. Public utilities and state or other governmental agencies exempted by law shall be excepted from this requirement.

(f) Appraisal services, when required, shall be obtained through the Division's Bureau of Appraisal in accordance with chapter 18-1, F.A.C., except as follows:

1. The applicant shall pay the fee for appraisal services. No appraisal services shall proceed until the appraisal services fee has been received by the Division. If the applicant withdraws its application after appraisal services have begun and any appraisal expenses have been incurred, the appraisal fee will be non-refundable. If no services have begun and no expenses have been incurred, the appraisal fee is refundable upon written request of the applicant.

2. All appraisal services must be reviewed through the Division and approved by the Division.

(g) Activities on sovereignty lands shall only be limited to water dependent activities and minimal secondary non-water dependent uses pursuant to section 253.03(15), F.S., unless the activity meets the open-air dining area criteria below or the board determines that it is in the public interest to allow an exception as determined by a case by case evaluation.

1. Open-air dining areas that meet all of the following criteria:

a. The open-air dining area must be constructed along existing seawalls or other nonnatural shorelines.

b. The open-air dining area must only contain tables and chairs to accommodate customers for food and beverage service.

c. The open-air dining area must be no more than a fixed or floating structure with the following allowable ancillary attachments thereto: roofs with optional drop-down temporary transparent weather sheeting, handrails and railings with optional screening between the handrail and the deck. Ancillary attachments, such as walls, windows and screens other than the screens or temporary transparent weather sheeting described above are prohibited. The open-air dining area must be associated with a contiguous upland restaurant that contains a main dining area and must not exceed 30% of the square footage of the main dining area.

d. The upland restaurant and open-air dining area must be open to the general public with no qualifying requirements, such as club membership, stock ownership, or equity interest.

e. The open-air dining area must not result in any impacts to submerged or emergent vegetation that is located on sovereign submerged lands.

f. The open-air dining area must not exceed 2,500 square feet over sovereignty submerged lands.

g. The open-air dining area must be located outside of an Aquatic Preserve,

2. Open-air dining area requests that meet these conditions can be approved pursuant to paragraph 18-21.0051(2)(c), F.A.C. Facilities that do not meet these conditions or other proposed non-water dependent activities are subject to the case by case determination referenced in paragraph 18-21.004(1)(g), F.A.C.

(h) Stilt house, boathouses with living quarters, or other such residential structures shall be prohibited on sovereignty lands.

(i) The State Lands Management Plan shall be considered and utilized in developing recommendations for all activities on sovereignty lands.

(j) The use of sovereignty lands for the purpose of providing road access to islands, where such access did not previously exist, shall be prohibited. The board may grant an exception to this prohibition if the board makes a finding that:

1. Construction and use of road access is the least damaging alternative and more protective of natural resources and sovereignty lands than other access activities; and,

2. In the case of coastal barrier islands, such use of sovereignty lands and any upland development facilitated thereby is in the public interest, or in the case of other islands, not contrary to the public interest.

(k) No application to use sovereignty, submerged land adjacent to or surrounding an unbridged, undeveloped coastal island or undeveloped coastal island segment may be approved by the Board of Trustees unless it meets the following criteria:

1. The application is for the purpose of obtaining authorization for a use which was included in a development project that has undergone development of regional impact review and a final development order has been issued pursuant to chapter 380, F.S., as of the effective date of this rule and is otherwise permitted by and consistent with the provisions of rule chapter 18-18, 18-20, or 18-21, F.A.C., as applicable, provided, however, that in the case of a substantial deviation to said development order, no authorization of use may be granted for any use that was not included in the original order; or

2. The proposed facility is limited to a two-slip private residential dock that complies with the standards set forth in paragraph 18-20.004(5)(b), F.A.C., and the upland parcel to which the facility will be attached was not created by platting or subdividing after December 18, 1990. However, as an alternative to multiple private residential docks, the Board may authorize a private docking facility of more than two slips if it determines that such a facility would result in greater environmental protection for sovereignty, submerged land resources than multiple individual docks, and provided the facility is otherwise permitted by and consistent with the provisions of rule chapter 18-18, 18-20 or 18-21, F.A.C., as applicable. The number of slips associated with such a facility shall not exceed the number of slips which would have been authorized as individual docks; or

3. With respect to applications to use sovereignty, submerged lands for the provision of public utility services, such services were in place as of December 18, 1990, and the requested use of sovereignty, submerged land will not result in an upgrade in capacity or will not service additional customers on an unbridged, undeveloped coastal island or undeveloped coastal island segment. Applications may be approved under this provision only to allow the maintenance or repair of existing utility lines, or as necessary to maintain public safety as ordered by the Public Service Commission; or

4. The proposed use is for the purpose of allowing access, for public purposes, to publicly owned uplands or submerged lands for recreation, research, conservation, mosquito control, aquaculture or restoration activities only, and is otherwise consistent with the provisions of rule chapter 18-18, 18-20 or 18-21, F.A.C.

(l) All existing licenses shall be converted to leases upon the expiration or renewal date of the license.

(m) For purposes of notification of adjacent property owners, requests for revisions to existing leases or easements that are reasonably expected to lead to increased environmental impact, an increase in preempted area of ten percent or more, or a significant change in use (such as one that requires use of a different form of authorization or application of different rule criteria) will be treated as new applications under this chapter.

(n) The Board shall adopt specific standards and criteria for the siting of docking facilities to provide a greater degree of certainty regarding the development potential of sovereignty, submerged lands. These siting standards and criteria shall serve to direct such development efforts to intrinsically suitable sites and shall ensure that the Board continues to fulfill its fiduciary responsibilities regarding these public trust lands.

(o) Concerning the lease of sovereignty submerged lands for the purposes of providing public mooring fields and anchorages, the general tenancy on any mooring ball or other mooring structure shall be no longer than twelve (12) months and as long as the following conditions are met in the determination of the Board:

1. The lessee for the mooring field, if it is a marina, shall pursue and receive a "clean marina" designation;

2. Moorings are designed and installed to prevent all chaffing of the bottom in which the mooring is anchored;

3. Upland shore facilities associated with the mooring field are provided which at a minimum include, garbage, showers and bathrooms, and receptacles for recycling for waste oil and fuel;

4. The lessee has been in compliance for five or more consecutive years; and

5. The mooring field shall be permitted by the Department, and require that occupied vessels with marine sanitation devices shall have their holding tanks pumped out at a minimum of a 7-day interval while continuously moored in the mooring field.

(2) Resource Management.

(a) All sovereignty lands shall be considered single use lands and shall be managed primarily for the maintenance of essentially natural conditions, propagation of fish and wildlife, and traditional recreational uses such as fishing, boating, and swimming. Compatible secondary purposes and uses which will not detract from or interfere with the primary purpose may be allowed.

(b) Activities which would result in significant adverse impacts to sovereignty lands and associated resources shall not be approved unless there is no reasonable alternative and adequate mitigation is proposed.

(c) The Department of Environmental Protection biological assessments and reports by other agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use sovereignty lands. Any such reports sent to the department in a timely manner shall be considered.

(d) Activities shall be designed to minimize or eliminate any cutting, removal, or destruction of wetland vegetation (as listed in chapter 62-340, F.A.C.) on sovereignty lands.

(e) Reclamation activities on sovereignty lands shall be approved only if avulsion or artificial erosion is affirmatively demonstrated. Other activities involving the placement of fill material below the ordinary high water line or mean high water line shall not be approved unless it is necessary to provide shoreline stabilization, access to navigable water, or for public water management projects.

(f) To the maximum extent possible, shoreline stabilization should be accomplished by the establishment of appropriate native wetland vegetation. Rip-rap materials, pervious interlocking brick systems, filter mats, and other similar stabilization methods should be utilized in lieu of vertical seawalls wherever feasible.

(g) Severance of materials from sovereignty lands shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose and is designed to minimize the need for maintenance dredging.

(h) Severance of materials for the primary purpose of providing upland fill shall not be approved unless no other reasonable source of materials is available or the activity is determined to be in the public interest.

(i) Activities on sovereignty lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, and other natural or cultural resources. Special attention and consideration shall be given to endangered and threatened species habitat.

(j) To the maximum extent feasible, all beach compatible dredge materials shall be placed on beaches or within the nearshore sand system.

(k) Oil and gas drilling leases on state-owned submerged lands shall be approved only when the proposed lease area is at least one mile seaward of the outer coastline of Florida as defined in United States v. Florida, 425 U.S. 791, 48 L. Ed. 2d 388, 96 S. Ct. 1840, upon adequate demonstration that the proposed activity is in the public interest, that the impact upon aquatic resources has been thoroughly considered, and that every effort has been made to minimize potential adverse impacts upon sport and commercial fishing, navigation, and national security. Drilling leases may be issued in the prohibited area if said lease stipulates that any drilling shall be conducted from outside said area.

(l) Applications for telecommunication lines received after October 29, 2003 that originate from or extend to locations outside of the state's territorial limits through the territorial sea including the area between mean high and mean low water lines and any associated conduits shall be subject to the following:

1. Installations shall be approved only where the applicant provides satisfactory evidence of a need by providing documentation in the form of:

a. A copy of their Federal Communications Commission cable landing license; and, either

b. A contract to install telecommunication lines and associated conduits to an upland distribution network and stating the projected date of installation; or

c. A letter of commitment from a company in the business of installing or using telecommunication lines for a line that will be installed and connected to an upland distribution network, functional for transmitting data, and on-line within a specified time frame once a conduit is made available.

2. Installations at individual landing sites are limited to no more than six telecommunication lines and conduits except where the applicant can affirmatively demonstrate that the landing site will support a larger number of such lines and that the routing to the State's territorial limits within the territorial sea will cause no more than minimal individual and cumulative impacts. However, installations using subconduits within a conduit shall be allowed up to six subconduits and one additional conduit. In no case shall more than two conduits with subconduits be authorized until such time as the capacity of one conduit is fully utilized for telecommunication line installation.

3. Installations shall be prohibited on or under submerged lands within Biscayne Bay Aquatic Preserve, Biscayne Bay National Park, and Monroe County.

4. Conduits for telecommunication lines shall be directionally drilled under nearshore benthic resources, including the first reef and any other more inshore reefs off Southeast Florida, to the maximum extent practicable and shall punch out in a location that avoids or minimizes impacts to benthic resources such as seagrasses and live bottom communities including corals and sponges.

5. While locating in these areas is not required for approval, special consideration areas are designated for telecommunication lines and associated conduits located within the reef-gaps generally described as follows, based on World Geodetic System 84.

a. Lake Worth Gap (northern Palm Beach County), beginning at the easternmost end at N. Lat. 26 37.659/W. Long. 80 01.341 (south side) to N. Lat. 26 38.481/W. Long. 80 01.258 (north side), in a 1,672 yard-wide gap.

b. South Lake Worth Inlet Gap (central Palm Beach County), beginning at the easternmost end at N. Lat. 26 32.492/W. Long. 80 01.610 (south side) to N. Lat. 26 32.444/W. Long. 80 01.626 (north side), in a 100 yard-wide gap.

c. Delray Gap (southern Palm Beach County), beginning at the easternmost end at N. Lat. 26 27.393/W. Long. 80 02.765 (south side) to N. Lat. 26 27.641/W. Long. 80 02.726 (north side), in a 508 yard-wide gap.

d. Sea Turtle Gap (southern Palm Beach County), beginning at the easternmost end at N. Lat. 26 22.672/W. Long. 80 03.224 (south side) to N. Lat. 26 22.748/W. Long. 80 03.224 (north side), in a 154 yard-wide gap.

e. South Broward Gap (southern Broward County), beginning at the easternmost end at N. Lat. 25 58.438/W. Long. 80 05.278 (south side) and N. Lat. 25 58.821/W. Long. 80 05.271 (north side) and extending westerly on its southerly limits through the following points: N. Lat. 25 58.977/W. Long. 80 05.733, N. Lat. 25 59.132/W. Long. 80 05.997, and ending at N. Lat. 25 59.138/W. Long. 80 06.366, and westerly on its northerly limits through the following points: N. Lat. 25 59.039/W. Long. 80 05.725, N. Lat. 25 59.205/W. Long. 80 06.060, and ending at N. Lat. 25 59.192/W. Long. 80 06.371.

(m) Aquaculture policy, standards and criteria. The Board of Trustees hereby declares the following policies with regard to aquaculture authorizations issued pursuant to this rule.

1. It shall be a policy of the State of Florida to foster aquaculture when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and antidegradation goals. Further such aquaculture shall not displace existing leases, viable commercial or recreational harvesting areas open to the general public but create new areas for the purification or cultivation of marine resources.

2. The Board will not grant consent for activities that would adversely affect existing aquaculture leases by degrading ambient water quality.

3. The Board will oppose the issuance of any permit which would reasonably be expected to degrade water quality at an aquaculture lease site.

(n) The physical modification of a spring shall only be allowed where the board determines that such modification is necessary to restore historic spring contours or flow conditions and where it is determined not to be contrary to the public interest.

(o) The installation or modification of facilities on sovereignty or state-owned submerged land for withdrawal of water from a spring or spring run is prohibited.

(3) 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 riparian rights, as defined in section 253.141, F.S., of upland property owners adjacent to sovereignty submerged lands.

(b) Satisfactory evidence of sufficient upland interest is required for activities on sovereignty submerged lands riparian to uplands, unless otherwise specified in this chapter. Public utilities and state and other governmental agencies proposing activities such as utility lines, roads or bridges must obtain satisfactory evidence of sufficient upland interest prior to execution of the applicable authorization, but need not provide such evidence as part of any required application. Satisfactory evidence of sufficient upland interest is not required for activities on sovereignty submerged lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on riparian rights. Satisfactory evidence of sufficient upland interest shall be commensurate with the level of exclusionary interest provided in the specific sovereign submerged lands authorization contemplated.

(c) All structures and other activities must be designed and conducted in a manner that will not unreasonably restrict or infringe upon the riparian rights of adjacent upland riparian owners.

(d) Except as provided herein, all structures, including mooring pilings, breakwaters, jetties and groins, and activities must be set back a minimum of 25 feet inside the applicant's riparian rights lines. Marginal docks, however, must be set back a minimum of 10 feet. Exceptions to the setbacks are: private residential single-family docks or piers associated with a parcel that has a shoreline frontage of less than 65 feet, where portions of such structures are located between riparian lines less than 65 feet apart, or where such structure is shared by two adjacent single-family parcels; utility lines; bulkheads, seawalls, riprap or similar shoreline protection structures located along the shoreline; structures and activities previously authorized by the Board; structures and activities built or occurring prior to any requirement for Board authorization; when a letter of concurrence is obtained from the affected adjacent upland riparian owner; when the Board determines that locating any portion of the structure or activity within the setback area is necessary to avoid or minimize adverse impacts to natural resources; or when the Board determines that the activities are in the public interest.

(e) Notwithstanding the provisions of paragraphs (b) through (d) above, special events may be authorized in accordance with the other criteria in this rule chapter.

(4) Standards and Criteria for Private Residential Multi-family Docks and Piers.

(a) Private residential multi-family docks with one or two wetslips shall conform to the provisions of rules 18-21.004 and 18-21.005, F.A.C., applicable to private residential single-family docks. Such docks and any piers cumulatively shall be limited to the 40:1 preempted area to shoreline ratio applicable to private residential multi-family docks with three or more wetslips or the preempted area necessary to construct a minimum-size dock, whichever is greater.

(b) Private residential multi-family docks with three or more wetslips and any piers, including any portion of a dock or pier that is used or converted to use as a private residential multi-family dock or pier, that cumulatively preempt an area greater than ten square feet for each linear foot of the applicant's common riparian shoreline along sovereignty submerged land on the affected waterbody shall be limited as follows.

1. No more than one wetslip for each approved upland residential unit.

2. A cumulative preemption of no more than forty square feet of sovereignty submerged land for each linear foot of the applicant's common riparian shoreline along sovereignty submerged land on the affected waterbody within a single plan of development. However, an exception shall be granted for a private residential multi-family dock to exceed the maximum cumulative preemption provided that all of the following conditions are met.

a. The applicant demonstrates compliance with all other applicable rules and statutes of the Board.

b. Sufficient water depth exists to accommodate vessels ingressing and egressing the proposed lease area.

c. The additional preempted area will not require any dredging or will substantially reduce dredging and will not cause or will substantially reduce adverse resource impacts to sovereignty submerged lands within the proposed lease area. This shall not be construed to prohibit dredging that is necessary to enhance the quality of natural resources, as determined by the Board of Trustees.

d. Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.

e. A net positive public benefit, acceptable to the Board as beneficial to the public, is provided to offset the increase in preempted area. Improving public access to sovereignty submerged lands by: providing slips that are open to the general public on a first come, first served basis to offset the increased preemption; creating a public boat ramp with adjacent upland parking; improving public access to an existing public boat ramp; donating to the Board privately-owned, formerly sovereignty submerged lands or other lands that are on public acquisition lists; or other similar public benefits that serve to maintain or increase public access to sovereignty submerged lands are examples of net positive public benefit. Preference shall be given to net positive public benefits in the vicinity of the proposed project.

3. Where the shoreline calculation includes the common parcel and individually-owned riparian parcels, the applicant must provide a conservation easement or other similar recorded restrictive covenant in favor of the Board over the entire riparian waterfront footage used for the calculation of the preempted area to subordinate or waive any further riparian rights of ingress and egress for additional docks and piers. Such conservation easements or restrictive covenants shall be released or modified only if the Board finds such release or modification is not contrary to the public interest, does not defeat the original purpose of such easement or covenant, and is in compliance with current rules at the time of the release or modification.

(c) Private residential multi-family docks or piers constructed in lieu of multiple private residential single-family docks or piers, which otherwise could be authorized under chapter 18-18 or 18-20, F.A.C., as applicable, and chapter 18-21, F.A.C., on existing individual, single-family riparian parcels shall not be subject to the provisions of paragraphs 18-21.004(4)(a), (b), and (f), F.A.C., provided that:

1. Each of the affected parcels contains or is zoned or approved for no more than one detached single-family residence;

2. Such facility would result in less preemption and greater environmental protection for sovereignty submerged land resources than the multiple individual docks or piers;

3. When located in an Aquatic Preserve, such facility shall be subject to the standards and criteria for all docks and private residential multi-slip docks in paragraphs 18-20.004(5)(a) and (c), F.A.C., except for the Resource Protection Area provisions of subparagraphs 18-20.004(5)(c) 2. and 3., F.A.C., and shall be allowed to terminate in a Resource Protection Area 1 or 2 when a Resource Protection Area 3 is not available, provided the facility is consistent with the Resource Protection Area provisions of subparagraphs 18-20.004(5)(b) 7. and 8., F.A.C.;

4. There are no more than two slips per riparian parcel served by the multi-family dock;

5. Access over uplands is provided from all participating riparian parcels to the private residential multi-family dock or pier; and,

6. The applicant provides a conservation easement or other similar recorded restrictive covenant in favor of the Board over the riparian waterfront of each participating riparian parcel to subordinate or waive any further riparian rights of ingress and egress for additional docks and piers. Such conservation easements or restrictive covenants shall be released or modified only if the Board finds such release or modification is not contrary to the public interest, does not defeat the original purpose of such easement or covenant, and is in compliance with current rules at the time of the release or modification.

(d) To maintain no less than fifty percent of the open-water portion of the waterbody available for public use, docks, piers, mooring pilings, mooring areas or other activities shall extend no more than 25 percent of the width of the waterbody, excluding dense areas of forested shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline.

(e) Within the standards set forth above, the applicant may further modify the design and quantity of wetslips in recognition of riparian setback constraints, local land use regulations, and natural resource considerations such as potential impacts to endangered species and shellfish resources.

(f) Any additional riparian access beyond that allowable under the standards and criteria of this subsection may be considered in the form of access ramps for upland dry storage facilities.

(g) Paragraph 18-21.004(4)(b), F.A.C., shall apply to all applications that have not received Board approval by December 25, 1986.

(5) Standards and Criteria for Special Events.

Special events shall conform to the following specific guidelines, design standards, and criteria:

(a) The number, configuration, and dimensions of structures; the use of the facility; and the numbers, sizes, drafts and types of vessels associated with the special event shall minimize adverse impacts to: navigation; riparian rights of upland owners adjacent to the affected sovereign submerged lands per paragraph 18-21.004(3)(a), F.A.C.; the affected sovereignty lands and associated resources per paragraph 18-21.004(2)(b), F.A.C.; wetland vegetation per paragraph 18-21.004(2)(d), F.A.C.; fish and wildlife habitat, including endangered or threatened species habitat per paragraph 18-21.004(2)(i), F.A.C.; and shoreline erosion per paragraphs 18-21.004(2)(e) and (f), F.A.C.

(b) Temporary non-water dependent facilities that are incidental and accessory to the special events shall be allowed where such facilities do not adversely affect any of the following: navigation; riparian rights of upland property owners adjacent to the affected sovereign submerged lands per paragraph 18-21.004(3)(a), F.A.C.; the affected sovereignty lands and associated resources per paragraph 18-21.004(2)(b), F.A.C.; wetland vegetation per paragraph 18-21.004(2)(d), F.A.C.; fish and wildlife, habitat, including threatened endangered or threatened species habitat per paragraph 18-21.004(2)(i), F.A.C.; and shoreline erosion per paragraphs 18-21.004(2)(e) and (f), F.A.C.

(6) Standards and Criteria for Activities at Sovereignty and State-Owned Springs and Spring Runs. Persons requesting authorization or qualifying for consent by rule under this chapter to conduct activities in sovereignty or state-owned springs and those portions of spring runs adjacent to public or private uplands shall conform to the following guidelines, design standards, and criteria.

(a) The deposition of new sand or other fill in or within 100 feet of the spring or spring run to create, enhance, or maintain a man-made beach area is prohibited.

(b) Planting or maintaining any plant species listed in the Florida Exotic Pest Plant Council's "2001 Invasive Plant List," Category I and II, which may be found on the Internet at www.fleppc.org or by writing to the Division of Water Resource Management, Department of Environmental Protection, 2600 Blair Stone Road, MS #2500, Tallahassee, FL 32399-2400, shall be prohibited within 300 feet of the spring or spring run.

(c) The removal or trampling of upland vegetation causing artificial erosion, artificial accretion, or sedimentation is prohibited within 300 feet of a spring or spring run.

(d) The removal or control of aquatic plants from the spring and spring run is prohibited except when authorized under this chapter and conducted in accordance with applicable chapter 369, part I or 373, part IV, F.S., authorizations.

(e) The application of fertilizers, pesticides, or other similar products in a manner that degrades water quality or adversely impacts natural resources within the spring or spring run is prohibited.

(f) The installation or expansion of wastewater treatment drainfields, sprayfields, or similar installations is prohibited within 300 feet of the spring or spring run, except that single family residential on-site sewage treatment and disposal systems shall be installed and operated so as to avoid or minimize impacts to the spring or spring run.

(g) The installation of a ditch or culvert for the direct discharge of stormwater from developed uplands into the spring or spring run shall be prohibited.

(7) General Conditions for Authorizations. All authorizations granted by rule or in writing under rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (j) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under chapter 253 or 258, part II, F.S.

(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee's use of the sovereignty submerged land unless cured to the satisfaction of the Board.

(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person's title to such land or water.

(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in sections 253.04 and 258.46, F.S., or chapter 18-14, F.A.C.

(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

(e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.

(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court's decision.

(g) Structures or activities shall not create a navigational hazard.

(h) Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in section 161.141, F.S.

(i) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.

(j) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(g), F.A.C., or any other applicable law.

(8) Pursuant to section 253.77(4), F.S., federal, state, or local agencies or political subdivisions, such as ports and inland navigation districts, proposing to conduct an activity which qualifies for an exemption under part IV of chapter 373, F.S., or section 403.813(1), F.S., shall be granted a letter of consent or public easement upon receipt of a request and a legal description of the affected land. However, such grant does not release the entity from compliance with other applicable provisions of chapter 18-18, 18-20 or 18-21, F.A.C.

Notes

Fla. Admin. Code Ann. R. 18-21.004

Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.0347, 253.665, 253.71, 253.68, 253.72, 253.74, 253.75, 253.77 FS.

New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04, 16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 10-27-05, 4-14-08, 9-1-09, Amended by Florida Register Volume 45, Number 044, March 5, 2019 effective 3/21/2019.