Fla. Admin. Code Ann. R. 62D-15.008 - Standards for Issuance or Denial of a Permit

(1) In accordance with Section 258.501(10), F.S., no permit shall be issued unless the department finds that the proposed activity will not adversely impact resource values in the river area. The department will review completed applications for permits submitted as specified under Rules 62D-15.005, 62D-15.006 and 62D-15.009, F.A.C., and will evaluate applications using the standards and factors contained in this section. Additional information on the standards and factors used in evaluating applications may be obtained from the department at the address location provided in Rule 62D-15.006, F.A.C. Applications will be processed in accordance with procedures specified in Section 120.60, F.S.

(2) Factors to be considered by the department in determining whether the activity will adversely impact the resource values include:

(a) Whether the activity is consistent with the Act, this rule, and management principles, objectives and actions of the Myakka Wild and Scenic River Management Plan.

(b) Whether the activity will affect resource values by:

1. Increasing the amount of fertilizers, nutrients, pesticides and herbicides, soil or soil conditioners, or biological and artificial substances discharged into the river area,

2. Increasing impervious surface area or stormwater runoff,

3. Causing discharge of pollutants or increasing pollution impacts from land development, septic tanks, underground storage tanks, sanitary landfills, and wastewater treatment or disposal,

4. Causing or contributing odors or noise,

5. Increasing water use,

6. Increasing water resource impacts,

7. Encouraging erosion or shoaling,

8. Creating an impediment to navigation,

9. Causing upstream penetration of saline water into the river,

10. Causing a drawdown of surface or aquifer water levels,

11. Inhibiting the natural storage and detention functions of floodplains,

12. Reducing wetland buffers or wetland filtrative functions,

13. Altering natural hydrologic characteristics of the river area,

14. Altering the flow rate, timing, volume, or water quality of freshwater flowing into downstream reaches of the river area so as to affect the growth and productivity of brackish-saltwater marine life and vegetation,

15. Causing or contributing to overfishing,

16. Increasing access to the Myakka River through construction of roads, utility corridors, except facilities of public utilities as public utility is defined in Section 366.02, F.S., or recreation sites,

17. Decreasing recreational opportunities, including but not limited to fishing, boating, canoeing, picnicking, nature study, or photography,

18. Causing or contributing to overuse of the river's recreational resources,

19. Blocking, obstructing, lessening or otherwise interfering with the scenic and natural views as seen within the river area, including but not limited to open water, broad marshes, forested horizons, mangrove swamps, bluffs, riverbanks and bars,

20. Increasing litter,

21. Increasing visibility of storage, dilapidated or unmaintained structures,

22. Increasing the visual intrusion of tall structures,

23. Increasing intrusion caused by artificial light,

24. Impacting the conservation and preservation of fish and wildlife including endangered or threatened species or their habitats, feeding or breeding grounds,

25. Impacting listed threatened or endangered species of flora or plant communities or groupings considered to be of special ecological significance by the Florida Department of Agriculture and Consumer Services and the Florida Natural Areas Inventory,

26. Encouraging infestation or propagation of exotic or nuisance aquatic or terrestrial species such as Brazilian pepper, melaleuca, Australian pine, hydrilla, paragrass, parrotfeather, alligator weed, water hyacinth or cattail,

27. Affecting wildlife corridors or waterfowl flyways,

28. Reducing aquatic habitat, other than nuisance species, including, but not limited to, grassbeds, marshes or mangroves,

29. Increasing the density or intensity of development permitted on the subject property at the time the permit application is submitted,

30. Causing or contributing to unsafe conditions for boats or boaters,

31. Encouraging unauthorized use of public and private lands; and,

32. Damaging or destroying archaeological, cultural or historic sites or their artifacts.

(3) Certain structures or activities must also comply with the following restrictions:

(a) Docks shall be located and designed to avoid adverse impacts to resource values. At a minimum, to the extent that new docks or expansions to docks or marinas are approved, they shall meet the following standards and criteria:

1. No dock or marina and its associated pilings, shall extend waterward of the mean or ordinary high water line more than 20 feet or 10 percent of the width of the waterbody at that particular location, whichever is less. Special consideration will be given to extension of these limits in instances where riparian access would be precluded due to insufficient water depths. A water depth of minus three feet mean low water shall be deemed sufficient water depth for purpose of special consideration.

2. The dock will extend out from the shoreline no further than a length that reaches a water depth not exceeding minus three feet (mean low water).

3. Docks and expanded marinas shall only be approved in locations having adequate water depths in the vessel mooring, turning basin, access channels, and other such areas in order to insure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom at mean low water.

4. Dredging to obtain navigable water depths for docks or for expanded marinas is prohibited.

5. Terminal platform size shall be no more than 120 square feet and the length of the platform shall be no more than 12 feet and the width shall be no more than 10 feet.

6. Any main access dock shall be limited to a maximum width of four feet.

7. No more than one dock shall be permitted for a lot or parcel of land, except no dock shall be permitted where riparian lot owners have acquired access to, or conveyed or transferred their riparian dock rights for, the use of a common, private multi-family docking facility. No dock for a single family lot may be designed, constructed or used to moor more than two vessels.

8. The dock decking design and construction shall provide maximum light penetration, with full consideration of safety and practicality.

9. New docks, renovations, remodeling or expansions to existing docks or facilities may be subject to requirements for identifying ways to improve or mitigate adverse environmental impacts caused by previous activities on the subject property. If deemed necessary to improve an existing condition which is creating an adverse impact on the river area, permit conditions may be imposed requiring that the permittee conduct certain activities that will minimize impacts to resource values in the river area.

10. Where local governments have more stringent standards and criteria for docks and marinas, the more stringent standards for the protection and enhancement of the river area shall prevail.

11. The submerged lands area preempted by expanded marinas or private multi-family docks shall not exceed the square footage amounting to 10 times the applicant's contiguous riparian waterfront footage. A conservation easement or other such use restriction acceptable to the department must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate/waive any further riparian rights.

(b) Dredging or filling. Dredging or filling shall be permitted only upon a determination by the department that the proposed activity will not adversely impact resource values and is clearly in the public interest.

(c) Water management practices. Water management practices must not adversely affect, diminish, or degrade existing water quality or resource values in the river area.

(4) A permit shall contain specific conditions for approval, as necessary, to assure that the activity will not adversely impact resource values in the river area.

(5) In denying a permit application, the department shall specifically identify which resource values will be adversely impacted by the activity sought to be undertaken by the applicant.

(6) Permit applications shall be processed, and notification of the granting or denial of permits will be provided to applicants by the department, in accordance with Section 120.60, F.S., governing licensure.

(7) The approval of the permit application shall be based upon a finding by the department that the activity will not adversely impact resource values in the river area. Within thirty (30) days of its approval, the department shall issue the permit.

(8) A Myakka River permit is not an operating permit but is issued for purposes of repairing, reconstructing, renovating, replacing, maintaining, expanding, constructing, dredging or filling, engaging in new activities or practices, or removing or cutting of vegetation and shall be valid for two years from date of issuance except where another permit period is determined by the department as a condition for approval, or upon completion of construction. Once construction is completed, or activities and practices have begun, a structure, practice or activity is not subject to a termination or revocation of its permit unless a violation of the permit conditions occurs.

(9) A request for an extension of a permit will be considered and shall be approved if the extension of the permit will not result in adverse impacts to resource values. An extension of up to two years from the date of issuance may be granted by the department, if, based on standards included in Rule 62D-15.008, F.A.C., resource values will not be adversely impacted. Extensions will be renewed no more than two times. An application for an extension must be submitted by form to the department at least sixty days prior to expiration of the permit. An application form titled, Myakka Wild and Scenic River Application for Permit Extension, DEP 46-051, May 28, 1991, which is incorporated by reference, may be obtained from and submitted to the address location included in Rule 62D-15.006, F.A.C. The application must be submitted and made complete before the expiration date of the permit in order for the permit to be considered for an extension. Applications for permit extensions will be processed and approved or denied in accordance with Section 120.60, F.S.

Notes

Fla. Admin. Code Ann. R. 62D-15.008

Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS.

New 7-22-91, Formerly 16D-15.008.

New 7-22-91, Formerly 16D-15.008.