Fla. Admin. Code Ann. R. 18-21.005 - Forms of Authorization
(1) The
appropriate form of authorization, for activities that meet the applicable
rules and statutes of the Board, shall be determined based on consideration of
all of the provisions of this rule. It is the intent of the Board that the form
of authorization shall grant the least amount of interest in the sovereignty
submerged land necessary for the activity. The forms of authorization for
aquacultural activities, such as aquaculture leases, aquaculture letters of
consent, and aquaculture management agreements, are provided in subsection
18-21.020(2),
F.A.C. For activities not specifically listed, the Board will consider the
extent of interest needed and the nature of the proposed activity to determine
which form of authorization is appropriate. Co-located activities can be
authorized, provided that the activities are compatible and the form of
authorization for each activity is determined by the provisions of this rule.
(a) Exceptions. The following activities do
not require authorization in accordance with this chapter:
1. Construction or maintenance of a water or
sewer system by a county in accordance with section
153.04,
F.S., provided the required location map, plans and drawings are submitted to
the Board.
2. Removal of material
from the area adjacent to an intake or discharge structure in accordance with
section
403.813(1)(f),
F.S., and no severance fees shall be assessed for such removal.
3. Removal of organic detrital material in
accordance with section
403.813(1)(r)
or (u), F.S., and no severance fees shall be
assessed for such removal.
4.
Construction of floating vessel platforms or floating boat lifts in accordance
with section
403.813(1)(s),
F.S.
5. Trimming or alteration of
mangroves in accordance with sections 403.9321 through 403..9334,
F.S.
(b) Consent by Rule.
Except for activities authorized under section
253.77(4),
F.S., consent is herein granted by the Board and no application or written
authorization is required for an activity that is exempt from the requirements
of obtaining a permit under the provisions of section
403.813(1),
F.S., paragraphs (a); (b), provided that the structure is the only dock or pier
on a parcel and it is not a private residential multi-family dock with three or
more slips; paragraphs (c); (d); (e); (f), provided that no severance fee is
required under rule
18-21.011,
F.A.C., and the existing activity has a valid Board authorization; paragraphs
(g), (h) and (i), provided that no private residential multi-family dock or
pier is constructed; or paragraph (k), provided that any channel markers
delineate existing and authorized or permitted navigation channels. In
addition, the activity must:
1. Be located
outside of an Aquatic Preserve, Monroe County, a manatee "No Entry Zone" or
"Motorboat Prohibited Zone" as specified in chapter 68C-22, F.A.C., or lands
under the jurisdiction or management of the Department's Division of Recreation
and Parks. However, seawall or riprap repair or replacement conducted in
accordance with subparagraph
18-20.004(1)(e)
7., F.A.C., repair or replacement of docks and piers in accordance with section
403.813(1)(d),
F.S., and subparagraph
18-20.004(5)(a)
6., F.A.C., if applicable, and installation of a private residential single
family dock in Boca Ciega Bay and Pinellas County Aquatic Preserves in
accordance with section
403.813(1)(b),
F.S., shall be exempt from this subparagraph and eligible for consent by
rule;
2. Not be subject to any
conservation easement or restrictive covenant of record prohibiting the
activity;
3. Not be
revenue-generating;
4. Comply with
the provisions of paragraphs
18-21.004(1)(d)
and (k), paragraph
18-21.004(3)(d),
and subsections
18-21.004(6)
and (7), F.A.C.; and,
5. Have been constructed in conformance with
Board rules applicable at the time of construction, to qualify for repair or
replacement.
(c) Letter
of Consent. Written authorization is required for each of the following
activities. These authorizations shall be subject to the payment of any
applicable severance fees.
1. One minimum-size
private residential single-family dock or pier per parcel.
2. Private residential single-family or
multi-family docks, piers, boat ramps, and similar existing and proposed
activities that cumulatively preempt no more than 10 square feet of sovereignty
submerged land for each linear foot of the applicant's riparian shoreline,
along sovereignty submerged land on the affected waterbody within a single plan
of development (see "preempted area" definition in rule
18-21.003,
F.A.C.).
3. A private channel that
provides access to an upland single-family or multi-family residential parcel
and that measures no more than 10 square feet of sovereignty submerged land for
each linear foot of the applicant's riparian shoreline along sovereignty
submerged land on the affected waterbody within a single plan of
development.
4. Activities that are
exempt from the requirement to obtain a permit under section
403.813(1)(a),
(b), (c), (d), (e), (f), (g), (h), (i), (k), (l), (n), (p) or
(t), F.S., but that are not eligible for
consent by rule.
5. Construction,
or replacement, of bulkheads, seawalls, or other such shoreline stabilization
structures that extend no more than three feet waterward of the line of mean or
ordinary high water.
6. Placement,
replacement, or repair of single-family intake and discharge structures for
irrigation purposes. Placement, replacement, or repair of riprap, groins,
breakwaters, or other intake and discharge structures no more than ten feet
waterward of the line of mean or ordinary high water.
7. Unless addressed in a currently valid
Board authorization, repair or replacement of a functional structure or
activity, including maintenance dredging, in the same dimensions and for the
same type of use.
8. Restoration
and nourishment of naturally occurring sandy beaches, including borrow areas to
be used for five years or less.
9.
Artificial reefs or fish attractors that are constructed for public
use.
10. Public docks or piers that
are exempt from permit requirements under section
403.813(1),
F.S., or that qualify as minimum-size docks or piers or are less than or equal
to the 10:1 preempted area to shoreline ratio; boat ramps; channels; or
swimming areas, provided that all such structures or activities are owned and
operated by governmental entities and any revenues collected are used solely
for operation and maintenance of the structure or adjacent public recreational
facilities.
11. Restroom
facilities, as defined by subsection
18-21.003(59),
F.A.C., constructed on public piers that qualify for a letter of consent or
lease.
12. Trimming or alteration
of aquatic vegetation in accordance with a permit issued pursuant to chapter
369 or 373, F.S.
13. Ski course
buoys and ski jumps not associated with revenue-generating water skiing
activities.
14. Minor activities or
temporary structures which requires part IV, chapter 373, F.S., permit required
for the removal of wrecked, abandoned or derelict vessels or structures, except
for vessels or structures of archaeological or historical value relating to the
history, government and culture of the state that are defined as historic
properties in section
267.021(3),
F.S.
15. Emergency or other
critical, time-sensitive activities necessary to enhance, protect or restore:
public health, safety or welfare; utility service; the health of fish, other
aquatic life, or other animals; or recreational, commercial, industrial,
agricultural, or other reasonable uses. Unless the activity otherwise qualifies
for a letter of consent under the provisions of this rule, the activity shall
require the applicable form of authorization as specified in this rule within
one year.
16. Habitat restoration,
enhancement, or permitted mitigation activities without permanent preemption by
structures or exclusion of the general public, but excluding all mitigation
banks.
17. Management activities
associated with protection of threatened, endangered and special concern
species, rookeries, artificial or natural reefs, parks, preserves, historical
sites, scientific study activities, or habitat restoration or enhancement
areas, provided that there is no permanent preemption by structures or
exclusion of the general public.
18. Class II special events of not more than
30 days involving the construction of structures that are not
revenue-generating and either preempt 1,000 square feet or less of sovereignty
submerged lands or preempt no more than 10 square feet of sovereignty submerged
land for each linear foot of the applicant's contiguous shoreline, along the
affected sovereignty submerged land.
19. Federal projects conducted for the
purposes stated in
43 USC
1311(d) or
1314
that enhance or maintain public navigation, national defense, international
affairs, or interstate commerce, but not including the use of sovereignty
submerged lands for other purposes, such as placement of spoil on state
sovereignty submerged lands or non-water dependent
activities.
(d) Lease. A
sovereignty submerged land lease is required for the following activities.
1. Private residential single-family or
multi-family docks or piers, other docks or piers, boat ramps, or other similar
activities that do not qualify for a consent by rule or letter of
consent.
2. Private residential
multi-family docks designed or used to moor three or more vessels within
aquatic preserves.
3. Any dock
designed or used to moor ten or more vessels in Monroe County.
4. Commercial/industrial docks, as defined in
rule
18-18.004, F.A.C., in
Biscayne Bay Aquatic Preserve, as required by paragraph
18-18.006(3)(c),
F.A.C.
5. All revenue-generating
activities, except as provided for in this chapter.
6. Registered or unregistered grandfather
structures according to the provisions of rule
18-21.00405,
F.A.C.;
7. Oil and gas exploration
and development.
8. Open-water
mooring fields.
9.
Mining.
10. Open-air-dining areas,
as defined by subsection
18-21.003(43),
F.A.C.
11. A Class III single
special event for which the applicant requests authorization to conduct a
single event involving construction of no more than 50 new slips or a preempted
area of no more than 50,000 square feet.
12. A Class IV special event for which the
applicant requests authorization to conduct a single event that does not
qualify as a Class III single special event or to conduct more than one special
event during the lease term.
(e) Easement. A sovereignty submerged land
easement is required for the following public or private activities.
1. Utility crossings and rights of way that
do not qualify for an exception to use sovereign submerged lands, consent by
rule or letter of consent.
2. Road
and bridge crossings and rights of way, such as structures built prior to the
need to obtain an easement when proposed for modification or repair.
3. Groins, breakwaters, and shoreline
protection structures, except when constructed as part of a docking facility
that requires a lease.
4. Public
navigation projects other than public channels.
5. Private channels that do not qualify for a
letter of consent, such as a channel that provides access to revenue-generating
facilities or uplands.
6. Oil, gas
and other pipelines.
7. Intake and
discharge structures more than 10 feet waterward of the mean or ordinary high
water line.
8. Spoil disposal
sites.
9. Borrow areas that will be
used for longer than five years for beach nourishment.
10. Public water management projects other
than public channels.
11.
Management activities, which include permanent preemption by structures or
exclusion of the general public, associated with protection of threatened,
endangered and special concern species, rookeries, artificial or natural reefs,
parks, preserves, historical sites, scientific study activities, or habitat
restoration or enhancement areas.
12. Treasure salvage or cultural resource
recovery.
13. Repair, replacement,
or modification of a functional structure or activity constructed prior to that
structure or activity being required to obtain an easement under this
chapter.
14. Removal of pre-cut
sunken timber (deadhead logging).
(f) Use Agreement - is required for:
1. Geophysical testing on all private,
State-owned, or Federal upland areas which involve any incidental crossing of
sovereignty submerged lands; and,
2. Geophysical testing in bays, estuaries, or
Florida Territorial Waters seaward of the mean high water line and referred to
herein as offshore testing.
3. A
use agreement shall not be required:
a. When
conducting seismic activity for well evaluation performed pursuant to paragraph
62C-26.007(3)(h),
F.A.C.;
b. For incidental crossings
when the geophysical operations are conducted entirely upon Trustees-owned
uplands and a use agreement has been granted by the Division pursuant to rule
18-2.015, F.A.C.; or
c. When
geophysical operations are conducted by the current leaseholder upon land
subject to a valid oil, gas or mineral lease granted by the State of
Florida.
(2) All requests for purchases, disclaimers,
and quitclaims of sovereignty submerged lands shall be processed in accordance
with rules
18-21.013
and
18-21.019,
F.A.C.
(3) Requests for sales,
exchanges, leases, aquaculture leases, and easements on sovereignty submerged
lands shall be processed in accordance with the notice and hearing requirements
of section 253.115, F.S., except easements that qualify for a general permit
under chapter 373, F.S., provided that the proposed activity is not of
heightened public concern. When noticing is required under section
253.115,
F.S., the applicant shall provide a list of names and addresses from the latest
county tax assessment roll, of all property owners within a 500-foot radius of
the proposed lease or easement boundary in mailing label format. In lieu of the
Board providing notice of application for lease or easement, an applicant may
elect to send the notice, provided the notice is sent by certified mail, with
the return-receipt card addressed to the Department or to DACS, as
applicable.
Notes
Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.68, 253.77 FS.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.