Fla. Admin. Code Ann. R. 62-312.420 - Permitting Requirements for Piers

(1) No permit shall be issued for a pier which requires the dredging of an access channel or mooring basin unless such dredging is exempt from Department permitting requirements.

(2) Any pier used for the dockage of water crafts not exempt from permitting requirements pursuant to Section 403.813(1)(b), F.S., shall be evaluated on the following criteria:

(a) For piers designed to moor three or more boats, water depths at the specific mooring site shall not be less than four feet mean low water. However, within those areas specified in subsection 62-312.400(3), F.A.C., where the specified additional conditions of this part are not applicable, water depths at any specific mooring site shall not be less than three feet, except at marinas. Such water depths at marinas shall be at least four feet, as described in this Part.

(b) For piers designed to moor one or two boats, water depths at the specific mooring site shall not be less than 3 feet mean low water.

(c) The applicant shall affirmatively demonstrate to the Department that adequate depths exist for ingress and egress of boats to the mooring site, and in no case shall the depth of the access area be less than the minimum depths necessary to avoid damage to a seagrass bed community or other biological communities listed in paragraph 62-312.410(1)(a), F.A.C.

(d) The applicant shall affirmatively demonstrate that proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities as listed in paragraph 62-312.410(1)(a), F.A.C.

(e) Boat mooring sites shall not be located over a seagrass bed community at depths less than five feet mean low water or a coral reef regardless of water depth.

(f) All portions of the pier facility other than the specific mooring sites shall be designed in a manner which will prevent the mooring of watercraft other than at the specific mooring sites. The "specific mooring site" shall be defined as the dockage and associated loading areas including only those portions of finger piers not used solely to provide access.

(g) Sewage pump out facilities shall be provided at any site which provides dockage for ten or more vessels or at which a liveaboard vessel is proposed to be docked. Rule 64E-6.010, F.A.C. (1991), provide certain requirements for the servicing and maintenance of portable or temporary toilets and holding tank systems and the disposal of domestic septage from such systems.

(3) Any pier or other overwater structure, except vehicular bridges, not used for the dockage of water craft shall be evaluated on the following criteria:

(a) The applicant shall affirmatively demonstrate that proposed construction techniques shall protect the viability of a seagrass bed community or other biological communities listed in paragraph 62-312.410(1)(a), F.A.C.

(b) Piers or other overwater structures shall be constructed at an appropriate elevation to prevent the dockage of water craft.

Notes

Fla. Admin. Code Ann. R. 62-312.420

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, Formerly 17-12.420, 17-312.420, Amended 10-3-95.

New 6-8-88, Formerly 17-12.420, 17-312.420, Amended 10-3-95.