Fla. Admin. Code Ann. R. 62-312.400 - Intent

(1) Part IV pertains to Outstanding Florida Waters, exclusive of all artificial water bodies, within Monroe County, as identified in Rule 62-302.700, F.A.C., and is in addition to all other applicable Departmental rules relating to environmental resource permit or grandfathered dredge and fill permit applications under Part IV of Chapter 373, F.S. Artificial water bodies shall be defined as any water body created by dredging, or excavation, or by the filling in of its boundaries, including canals as defined in subsection 62-312.020(3), F.A.C., and borrow pits or waters resulting from rock mining activities.

(2)

(a) The Environmental Regulation Commission finds that the waters of the Florida Keys and other Outstanding Florida Waters in Monroe County are an irreplaceable asset which require special protection.

(b) Further, the Florida Legislature in adopting Section 380.0552, F.S., recognized the value of the Florida Keys to the State as a whole by designating the Keys an Area of Critical State Concern. This rule implements Section 403.061(34), F.S., and is intended to provide the most stringent protection for the applicable waters allowable by law.

(3) Pursuant to Section 380.0552(7), F.S. (1986 Supp.), the specific criteria set forth in this section are intended to be consistent with the Principles for Guiding Development as set forth in Chapter 28-29, F.A.C. (August 23, 1984), and with the principles set forth in that statute. However, the criteria in this rule does not apply to all waters within the Florida Keys. These criteria do not apply to artificial waterbodies within the Florida Keys, as described in subsection 62-312.400(1), F.A.C. In addition, the four foot water depth restriction for piers which do not provide commercial marine supplies or services and which are designed to moor between three and nine boats are not applicable within the Outstanding Florida Waters that are within the boundaries of the City of Key West or within Everglades National Park or areas north of the Park within Monroe County. Docking facilities in those areas shall instead be subject to the three foot depth restrictions specified in paragraph 62-312.420(2)(a), F.A.C. However, all other provisions of this part are applicable in those areas.

Notes

Fla. Admin. Code Ann. R. 62-312.400

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS.

New 6-8-88, Amended 3-26-89, Formerly 17-12.400, 17-312.400, Amended 10-3-95.

New 6-8-88, Amended 3-26-89, Formerly 17-12.400, 17-312.400, Amended 10-3-95.