Florida coastal management program : legislative draft prepared for submission to the 1978 Florida Legislature in response to chapter 77-306, Laws of Florida

[From the U.S. Government Printing Office, www.gpo.gov]

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THE FLORIDA
COASTAL MANAGEMENT PROGRAM

LEGISLATIVE DRAFT

U. S. DEPARTMENT OF COMMERCE NOAA
4� 1tS9T COASTAL SERVICES CENTER
PREPARED FOR SUBMISSION 2234 SOUTH HOBSON AVENUE
TO THE CHARLESTON SC 29405-2413
1978 FLORIDA LEGISLATURE

IN RESPONSE TO

CHAPTER 77-306, LAWS OF FLORIDA

BY THE

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL REGULATION

MARCH 3, 1978

�roperty of CSC Library

This public document was promulgated at a cost of $15,353
or $2.20 per copy to inform the citizens of Florida of the
content of the Florida Coastal Management Program submitted
to the 1978 Florida Legislature by the State of Florida
Department of Environmental Regulation.

The preparation of this publication was financed in part
through Coastal Zone Management Program Development Grant
No. 04-7-158-44005 from the Office of Coastal Zone
Management, NOAA, under provisions of Section 305 of the
Coastal Zone Management Act of 1972 (Public Law 92-583).

THE FLORIDA COASTAL MANAGEMENT PROGRAM LEGISLATIVE DRAFT

EXECUTIVE SUMMARY

This document presents to the 1978 Legislature the pro-
posed Florida Coastal Management Program, as required by
Chapter 77-306, Laws of Florida. As required by the 1977
Legislature, the program contains a boundary, policies,
goals, and programs necessary to comply with the requirements
of the Federal Coastal Zone Management Act of 1972, as
amended (16 U.S.C. 1451-1464), specifically delineating the
role of state, regional, and local agencies in implementing
the plan. The proposed implementing legislation will be
submitted as a separate document.

While the Department of Environmental Regulation has
been the lead agency in the development of the proposed
program, the material presented in this legislative draft is
the result of a substantial effort to obtain input from all
parties concerned with the future of Florida's coastal
resources.

This document emphasizes the major elements of the pro-
posed program for managing Florida's coastal resources.
Chapter I lists program objectives. Chapter II provides an
overview of the Florida coastal zone. The remaining chapters
are directed toward satisfying federal CZMA requirements.
Chapter III discusses the uses to be managed, the boundaries,
and special management areas and uses. Chapter IV contains
proposed policy statements for achieving the program objec-
tives. Chapter V reviews the authorities and proposed
organizational structure for implementing the Coastal
Management Program. Coordination and participation efforts
are discussed in Ch
av lo0

SUBSTANTIVE ELEMENTS OF FLORIDA'S
COASTAL MANAGEMENT PROGRAM

The scope of the Florida Coastal Management Program -
what activities it manages and where it manages them - is
the product of two requirements: uses subject to management
and the state coastal zone boundary. These requirements are
related, and reflect the kind of uses and their impacts on
coastal resources.

~PROGRAM AUTHORITIES, ORGANIZATION
AND IMPLEMENTATION

Through legislative and executive action, the policies
will be implemented by a combination of existing state
agency regulatory, planning, and public works programs and
by the voluntary participation of local government and
regional agencies. State agencies will be required to
revise their rules and procedures to be consistent with the
objectives, policies, and standards of the Coastal Management
Program within one year after its adoption. A variety of
state authorities for planning, projects, and regulatory
programs, especially Chapter 403, 253, 161, 380 and 373,
Florida Statutes, will form the basis for implementing the
program. DER-will be the lead state agency and will provide
assistance to other state agencies, local governments,
regional planning councils, water management districts and
other affected interests.

The program encourages the participation of local
governments by providing a framework for them to develop
local plans and ordinances that complement and provide
greater specificity to the state coastal management policies
and guidelines. As a result, local needs and conditions can
be appropriately recognized in the Coastal Management Program,
and the program itself substantially enhanced without
altering the responsibilities of local governments relative
to state agencies.

The program will rely upon the basic administrative
remedies provided in Chapter 120 and 403, Florida Statutes,
as well as existing appeal mechanisms in regulatory programs,
as the basis to enforce compliance with the program.

BENEF ITS

The proposed Florida Coastal Management Program will
provide a variety of benefits. With only slight modifica-
tions to existing procedures and activities, it will offer
the opportunity for additional technical, financial, and
legal ass~istance-in managing coastal resources. The program
provides common objectives and clearer standards for acti-
vities in the coastal zone, and will provide greater pre-
dictability for planning and permitting reviews.

Vital areas include those natural resources of the
coastal zone identified as having major ecological, hydro-
logical, physiographic, historical, or socio-economic
importance to the public at large. Vital areas should be
managed to ensure the protection of continued biological
productivity, fish and wildlife habitat, recreation oppor-
tunities, and public health, safety, and welfare.

Development areas form the third category of resources
and are a broad group which includes all those areas of the
coastal zone other than vital and conservation areas.

Based on preliminary review of coastal resources, about
26% of the lands in the coastal zone are classified as
vital, 24% as conservation, and 50% as development.

These three resource categories, with their differing
benefits, limitations, and suitability for use, set the
basis for the policies of the Florida Coastal Management
Program. They provide a way of relating different uses and
objectives to the resources of the coast. They also help
define the balance between preservation and development
which must occur in the coastal zone. The preservation of
vital areas will balance the planned development of other
areas and resources as well as the continued long-term
benefits which the vital areas provide.

The policies for Florida's Coastal Management Program
were derived from a variety of sources. Some are directions
from existing legislation. others were generated as a
result of the coordination efforts with Regional Planning
Councils, their Citizens Advisory Committees, the Inter-
agency Advisory Committee, and the State Advisory Committee
on Coastal Zone Management.

iii

SPECIAL MANAGEMENT AREAS

The CZMA requires that a state's coastal management
program include an inventory and designation of areas of
particular concern within the coastal zone. The Act also
requires that a state's management program must include
procedures for designating specific areas for the purpose of
preserving or restoring them for their conservation, re-
creational, ecological, or aesthetic values. The basic
purpose of inventorying and designating geographic areas of
particular concern (GAPC's) is to identify special manage-
ment needs, objectives, opportunities, or considerations
under the coastal management program for selected areas or
resources of statewide concern.

Florida proposes to use several existing state programs
which provide special management measures to identify and
designate geographic areas of particular state concern
(GAPC's). Four major state programs which provide for the
designation and direct state management of GAPC's within
Florida's coastal zone are the Aquatic Preserves System, the
State Wilderness System, Environmentally Endangered Lands,
and Areas of Critical State Concern. Several sites exist
now in each of these categories, and each contains a process
for designating additions.

In addition, Florida proposes a number of other potential
management programs which are important in regulating acti-
vities or resources. Although established in different ways
and administered by various governmental agencies, they
serve to complement management provisions of the FCMP.

POLICIES FOR MANAGEMENT OF COASTAL RESOURCES
AND ACTIVITIES

Effective management of coastal resources and their
uses requires that policies relating to those resources be
clearly and concisely articulated. These policy statements
are categorized into the three main elements of the program:
resource protection and restoration, economic development,
and governmental process and institutional coordination.
The policies reflect and serve to balance the differing
needs for resource protection and development in the coastal
zone.

The program classifies the coastal zone into three
general categories of resources: vital areas, conservation
areas, and development areas.

USES SUBJECT TO MANAGEMENT

The Coastal Zone Management Act requires that state
programs determine and identify which uses shall be subject
to the management program. At a minimum, the program must
provide at some level of government for control of land and
water uses and activities which may have a direct and
significant impact on coastal waters.

These uses and activities have a variety of impacts,
some broad and pervasive, others relatively narrower or more
limited. Most of these impacts are transmitted via water,
affecting water quality, quantity, or distribution. This in
turn directly affects coastal resources such as fisheries
and wildlife populations, and man's use of these resources,
such as for recreation or for commercial fishing.

BOUNDARIES

The boundary of the coastal zone must be broad enough
to include those uses and activities which have a direct 'and
significant impact on coastal waters. It must include
transitional and intertidal areas, salt marshes and wetlands,
beaches, islands, and all state waters with a measurable
quantity of salt. As required in the CZMA, federal lands
are excluded from the state's coastal zone boundary. However,
this does not remove or reduce the obligations for federal
consistency on these lands.

Based on the data collected during the planning phase,
comments received on the alternatives, and management'needs
identified, the Florida coastal zone planning boundary was
reviewed and adjusted in order to establish a boundary more
appropriate for management purposes. Primary considerations
during the review and revision were that the boundary of the
coastal zone should:

1) include all identified vital areas, the most
environmentally important or sensitive coastal
areas;
2) include all hazardous areas, especially the
coastal floodplain; and
3) reflect the relationship between anticipated
uses and their impacts on coastal waters.

The proposed management boundary includes about 16
million acres, of which about 8.9 million acres are land and
7.1 million are water. Local governments which elect to
participate in the FCMP will have the opportunity to review
and adjust the boundaries in their jurisdiction.

Of great importance to Florida, particularly with the
pending federal sale of offshore oil and gas leases, will be
the requirement that federal activities must be consistent
with Florida's Coastal Management Program once it receives
federal approval. The program also lays the foundation for
the state to seek delegation of federal 404 permitting
authority, thereby reducing the potential duplication and
distance associated with that process in Florida.

In addition, the program provides a process for more
formally linking local government planning activities to
state agency regulatory processes. It provides a means to
more clearly address basic land-use considerations and local
economic needs in permit decisions. By linking planning and
permitting, the effects and potential of cumulative impacts
can be better assessed. The program also seeks to reduce
duplication or overlap in project or permit reviews, to both
streamline the process and avoid the potential for conflict.

The program also requires a number of specific actions.
For example, it provides for tax incentives as one basis for
achieving the program objectives (Policy 1); requires that a
state spoil disposal plan be produced, which will assist
port and navigation interests as well as help protect en-
vironmental resources (Policy 4).; and provides formal stand-
ing for ports and electric utility sites with plans that
meet program requirements (Policies 7 and 8).. The program
would give priority in permitting to local governments and
ports which develop plans consistent with the policies and
-standards (Policies 2, 8 and 11). It also provides a new
requirement for mitigation of dredge and fill activities in
intertidal areas.

Finally, the policies taken together and including the
exceptions process provide a means to address and balance in
a comprehensive fashion the competing needs and demands
upon the coast and its resources.

TABLE OF CONTENTS

PAGE

EXECUTIVE SUMMARY .a....................
LIST OF TABLES AND PLATES.................ix
APPENDIX TABLE OF CONTENTS ................xi
NOTE TO READER AND ABBREVIATIONS.............xiii
GUIDE TO COASTAL ZONE MANAGEMENT 306 PROGRAM
REQUIREMENTS......................xv

I. INTRODUCTION ..................... 1

FEDERAL COASTAL ZONE MANAGEMENT LEGISLATION . ... 1
FLORIDA'S COASTAL ZONE...............3
BA.CKGROUND ...................3
WHY A COASTAL MANAGEMENT PROGRAM ........4
FLORIDA COASTAL ZONE LEGISLATION........ 6
COASTAL MANAGEMENT PROGRAM GOALS AND OBJECTIVES .. 7

II, THE FLORIDA COASTAL ZONE: AN OVERVIEW ........11

B IOPHYSICAL SETTING ................11
SOCIO-ECONOMIC SETTING...............1
BENEFITS OF THE COASTAL ZONE ............
PROBLEMS AND ISSUES ................17
RESOURCE PROBLEMS AND ISSUES ..........17
ECONOMIC PROBLEMS AND ISSUES ..........19
GOVERNMENTAL PROBLEMS AND ISSUES ........20

111. SUBSTANTIVE ELEMENTS OF FLORIDA'IS COASTAL
MANAGEMENT PROGRAM.................23

USES AND ACTIVITIES SUBJECT TO MANAGEMENT .....23
BOUNDARIES OF THE COASTAL ZONE...........27
EXCLUDED FEDERAL LANDS............31
SPECIAL MANAGEMENT AREAS............32
GEOGRAPHIC AREAS OF PARTICULAR CONCERN ...:..32
Coastal Shorefront Areas...........33
Areas for Preservation and Restoration . .37
Local Areas of Particular Concern .... :38
Additional Areas of Particular Concern....39
Ports...................39
Power Plant Sites.............40
Barrier Islands and Beaches........41
Unique Environmental Features.......43
Critical Habitat for Endangered Species.. 44
Historical and Archeological Sites ....44
ENERGY FACILITY SITING .............45

vii

TABLE OF CONTENTS (CONTINUED)

PAGE

IV, POLICIES FOR MANAGEMENT OF COASTAL RESOURCES
AND ACTIVITIES............... ; .......51

RESOURCE CATEGORIES ...............53
POLICIES OF THE COASTAL MANAGEMENT PROGRAM ...65
STANDARDS AND PROCEDURES FOR IMPLEMENTING
P ROGRAMY POLICIES .... .............72

Vs PROGRAM AUTHORITIES, ORGANIZATION AND
I MPLEMENTATION..................95

AUTHORITIES ....................96
ORGANIZATIONAL STRUCTURE .............109
LEAD STATE AGENCY.. .. . ............109
STATE AGENCY MANAGEMENT ROLES .........112
WATER MANAGEMENT DISTRICTS.......115
REGIONAL PLANNING COUNCILS .........115
PRIMARY PORTS ...............117
LOCAL1 GOVERNM4ENT .. . .............117
FEDERAL INTERESTS AND CONSISTENCY.........122
NATIONAL INTEREST ...............122
FEDERAL CONSISTENCY ............. 124
Federal Licenses and Permits.........129
Federal Grants and Financial Assistance ... 133
Federal Activities and Development
Projects ................134
USES OF REGIONAL BENEFIT ............ 138
PROPERTY ACQUISITION ...............139
SPECIAL ASSESSMENT AUTHORITIES ..........140
AIR AND WATER POLLUTION CONTROL..........141

VI. PROGRAM COORDINATION AND PUBLIC INVOLVEMENT ....... 143

P ROGRAMI COORDINATION ...............144
STATE LEVEL COORDINATION............144
REGIONAL AGENCY COORDINATION..........146
LOCAL GOVERNMENT COORDINATION .........148
FEDERAL AGENCY COORDINATION ..........149
INTERSTATE COORDINATION ............151
CITIZEN INVOLVEMENT................153
PUBLIC INFORMATION AND INFORMAL PUBLIC
PARTICIPATION................153
THE FORMAL PUBLIC PARTICIPATION PROGRAM ....155
SUMM~AIRY .............*.......157

GLOSSARY.........................159

viii

LIST OF TABLES AND PLATES

TABLE PAGE

I IDENTIFICATION OF ACTIVITIES TO BE MANAGED.....25

II RELATIONSHIP OF COASTAL USES AND ACTIVITIES,
AND THE IMPACT OF USES ON COASTAL WATERS ..... 26

III CONTROLLING AUTHORITIES ..............28

IV MAJOR STATE GAPC PROGRAMS ...............34

V ENERGY FACILITIES SUBJECT TO THE MANAGEMENT
PROGRAM.......................46

VI THE IMPORTANCE OF VITAL AREAS IN PRODUCING AND
MAINTAINING COASTAL BENEFITS..........56

VII ESTIMATED AMOUNTS OF LANDS AND WATERS IN VITAL,
CONSERVATION, AND DEVELOPMENT AREAS ......63

VIII PROGRAM IMPLEMENTATION ..............98

IX FACILITIES IN WHICH THERE MAY BE A NATIONAL
INTEREST IN PLANNING OR SITING.........125

X RESOURCES IN WHICH THERE MAY BE A NATIONAL
INTEREST....................126

XI FEDERAL LICENSES AND PERMITS SUBJECT TO
CONSISTENCY CERTIFICATION............130

PLATE (In Pocket)

I FLORIDA COASTAL ZONE WITH INVENTORY OF FEDERAL
LANDS

II SELECTED GEOGRAPHIC AREAS OF PARTICULAR CONCERN

III VITAL AREAS

APPENDIX TABLE OF CONTENTS
(The APPENDIX is published as a separate volume.)

PART A: COASTAL MANAGEMENT RELATED LAW AND LEGISLATION

PART B: SUBSTANTIVE ELEMENTS OF THlE COASTAL MANAGEMENT PROGRAM

- LIST OF EXCLUDED FEDERAL LANDS

- SPECIAL MANAGEMENT AREAS: GEOGRAPHIC AREAS
OF PARTICULAR CONCER&N

PART C: PROGRAM COORDINATION AND PUBLIC INVOLVEMENT DOCUMENTATION

PART D: FEDERAL AGENCY RESPONSIBILITIES IN THE COASTAL ZONE

NOTE TO READER: The Program includes a Glossary of words and
terms which is located in the back of the document on page 159.
In addition, the following is a list of abbreviations used
throughout the text.

ABBREVIATIONS

ACSC Area of Critical State Concern

APR Area for Preservation or Restoration

BCZP Bureau of Coastal Zone Planning

CAC Citizens Advisory Committee

CCSL Coastal Construction Setback Line

CZMA Coastal Zone Management Act of 1972 (PL 92-583),
as amended

CZPE Coastal Zone Protection Element

DER Department of Environmental Regulation

DNR Department of Natural Resources

DOA Department of Administration

DOT Department of Transportation

DSP Division of State Planning

DRI Development of Regional Impact

FAC Florida Administrative Code

FCMP Florida Coastal Management Program

FIA Federal Insuranca Administration

FS Florida Statutes

GAPC Geographic Area of Particular Concern

IAC Interagency Advisory Committee on Coastal Zone
Management

LGCPA Local Government Comprehensive Planning Act of 1975

xiii

ABBREVIATIONS (CONTINUED)

MHW Mean High Water

NOAA National Oceanic and Atmospheric Administration,
in U.S. Department of Commerce

OCS Outer Continental Shelf

OCZM Federal Office of Coastal Zone Management, NOAA

RPC Regional Planning Council

SAC State Advisory Committee on Coastal Zone Management

WMD Water Management District

xiv

GUIDE TO COASTAL ZONE MANAGEMENT 306 PROGRAM REQUIREMENTS

The following guide relates the OCZM requirements for Program
Approval (Section 306) to Florida's Coastal Management Submission.

REQUIREMENTS CHAPTER/APPENDIX PAGE

15 CFR Part 923 Section:

.11 Uses subject to management Chapter 3 23

.12 Use permissibility Chapter 3 23
Appendix B

.13 Uses of regional benefit Chapter 5 138

.14 Energy facility planning process Chapter 3 45

.21 Areas of particular concern Chapter 3 32
Appendix B

.22 Priorities of uses Chapter 3 32
Appendix B

.23 Other areas of particular concern Chapter 3 32

.24 Areas for preservation or restoration Chapter 3 37

.25 Shorefront access and preservation Chapter 3 33
planning Appendix B

.26 Shorefront erosion/mitigation Chapter 3 33
planning Appendix B

.31 Inland boundaries Chapter 3 27

.32 Seaward boundaries Chapter 3 27

.33 Excluded lands Chapter 3 31
Appendix B

.34 Interstate boundaries Chapter 6 151

.41 Identification of authorities Chapter 5 96
Appendix A

.42 Control techniques Chapter 5 96

.43 Authorities related to uses of Chapter 5 138
regional benefit

GUIDE TO COASTAL ZONE MANAGEMENT 306 PROGRAM REQUIREMENTS
(CONTINUED)

REQUIREMENTS CHAPTER/APPENDIX PAGE

15 CFR Part 923 Section:

.44 Air and water pollution control Chapter 5 141
requirements

.45 organizational structure Chapter 5 109

.46 Designated state agency Chapter 4 90
Chapter 5 109

.51 Federal-State consultation Chapter 6 149
Appendix C

.52 Considerations of national interests Chapter 5 122
Appendix D

.53 Federal consistency procedures Chapter 5 124

.54 Mediation Chapter 5 124

.55 Full participation Chapter 6 143

.56 Plan coordination Chapter 4 82,89
Chapter 6 143

.57 Continuing consultation Chapter 5 124
Chapter 6

.58 Public hearings Chapter 6 155
Appendix C

xvi

STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
2562 EXECUTIVE CENTER CIRCLE, EAST
MONTGOMERY BUILDING
TALLAHASSEE, FLORIDA 32301
REUBIN 00D. ASKEW JOSEPH W. LANDERS, JR.
GOVERNOR SECRETARY

MEMORANDUM

TO :Reviewers of the Florida Coastal Management Program

FROM: Department of Environmental Regulation

The 1977 Florida Legislature transferred the coastal
resource planning program to the Department of Environmental
Regulation on July 1', 1977, and directed the Department to
present to the Legislature by March 3, 1978, a program which
would meet federal requirements for an approvable coastal
management program.

On March 3, 1978, the Department of Environmental Regu-
lation submitted to the Legislature a draft program document
entitled The Florida Coastal Management Program - Legislative
Draft. The Department has placed major emphasis on determining
a scientifically sound coastal zone boundary and delineating
general-resource policies. This document also contains draft
implementation policies, procedures, and toles which represent
one alternative for managing the coastal zone in Florida.

The program document submitted to the Legislature is
intended to serve as a reference document for general infor-
mation about Florida's coastal zone and as a basis for further
discussion and analysis with respect to management alternatives.
Unless the 1978 Legislature chooses to discontinue Florida's
participation in the federal coastal zone grant program, the
Department will develop for the Governor's submittal to the
federal government a final program document which reflects the
action of the Legislature during the 1978 session.

The draft legislation submitted by the Department to the
Legislature does not attempt to implement all of the manage-
ment concepts contained in the draft program document, since
the Department does not believe that to be necessary in order
to satisfy the federal requirements for an approvable coastal
management program. Fortunately, existing environmental and
planning law in Florida is of such a nature that, with few
exceptions, sound coastal management can be accomplished through
rule alterations without the necessity of new legislation.

MEMORANDUM - Reviewers of the FCMP
Page Two

The Department's proposed legislation sets forth coastal
zone policies and then focuses on the adjustment of agency
rules to accomplish more fully those policies through, and
within the limits of, existing statutes. Within ninety days
of the effective date of the Florida Coastal Management Act,
each state agency, port authority, water management district,
and regional planning council would have to review its rules
to determine if they are consistent with the policies of the
Act. Then, each of them would be required to initiate rule-
making proceedings under Chapter 120 of the Florida Statutes
to modify their rules for consistency with the policies of the
Act to the degree legally possible under their existing
enabling legislation. The policies in the Florida Coastal
Management Act would serve to clarify, with respect to the
coastal zone, previous legislative enactments, thereby build-
ing on and within the existing' governmental framework. By
using the provisions of the Administrative Procedure Act,
Chapter 120 of the Florida Statutes, rule adjustments could
be considered along with their economic impact in an orderly
manner which would enable affected persons to be heard and
protect their interests.

Through the approach taken in its proposed legislation,
the Department believes that improvements in the management
of Florida's coastal resources and regulatory processes can
be achieved without creating confusion and new layers of
government. If enacted, the Florida Coastal Management Act
would provide a sound basis for fine-tuning Florida's environ-
mental control system in a manner consistent with the long-
term economic and social needs of the state.

I. INTRODUCTION

FEDERAL COASTAL ZONE MANAGEMENT LEGISLATION

In the last half of the 19601s, the fragile nature of
the nation's coastal zone and the intense conflicts occurring
there drew the attention of several federal agencies and many
members of Congress. A special Commission on Marine Science,
Engineering and Resources was established by President Johnson
in 1966. The Commission's report, Our Nation and the Sea
(1968), concluded, "The key to more effective use of our coast-
line is the introduction of a management system permitting
conscious and informed choices among development alternatives
... for this productive region in order to ensure both its
enjoyment and sound utilization".

Debate on coastal management legislation centered in the
91st and 92nd Congresses. The final result was the Coastal
Zone Management Act of 1972 (CZMA), which was signed into law
by President Nixon an October 27, 1972. The Act, which is
administered by the Office of Coastal Zone Management (OCZM),
National Oceanic and Atmospheric Administration (NOAA), U.S.
Department of Commerce, represents the first piece of compre-
hensive land and water management legislation passed by
Congress. The CZMA was amended and given additional authori-
ties in 1976, which demonstrated continued concern by Congress.

Considered an example of "New Federalism", the CZMA
places the responsibility to act upon the coastal states.
Their participation is totally voluntary. In the Act's
Declaration of Policy, Congress declared it to be the national
policy "To preserve, protect, develop, and where possible, to
restore or enhance the resources of the nation's coastal zone
for this and succeeding generations". The Act provides finan-
cial assistance to states to help in developing and implement-
ing "management programs to achieve wise use of the land and

water resources of the coastal zone giving full consideration
to ecological, cultural, historic, and esthetic values as
well as'to needs for economic development". Funds are now
granted on an 80% federal - 20% state basis. An important
feature of the Act is the federal consistency provision under
which activities in the coastal zone requiring federal per-
mits and projects financed with federal funds must be certi-
fied as consistent with a state's coastal management program.
Direct federal projects are required to be consistent with a
state' s coastal management program to the maximum extent
possible.

As amended in 1976, the Act allows states four years to
plan their management programs (Section 305 of the CZMA --
Development Grants). if the program meets the requirements
spelled out in the CZMA, states will then receive grants to
implement their management programs (Section 306 -- Adminis-
trative Grants) which will also be funded on an 80% federal:
20% state basis.

In order to have their programs approved, states must
address several requirements in their management programs:

*an identification of the boundaries of the coastal
zone which must extend inland to the extent neces-
sary to control uses having a direct and significant
impact on coastal waters;

*an identification of uses to be managed within the
coastal zone boundary: uses which have a direct
and significant impact on coastal waters and re-
sources;

*an identification of the means of control over uses
to be managed to promote, encourage, restrict, pro-
hibit or otherwise direct the uses;

*an inventory and designation of areas of particular
concern within the coastal zone, including guide-
lines on priorities of use within those areas;

*a process for designating areas for preservation or
restoration;

*a process for anticipating and managing the impacts
from energy facilities in or affecting the coastal
zone;

*a planning process that will identify public shore-
front areas appropriate for access and/or protection;

*a planning process that will assess the effects of
shoreline erosion;

*a description of the organizational structure pro-
posed to implement the management program, including
the responsibilities and inter-relationships of
local, regional, and state agencies in the manage-
ment process.

An important aspect of the CZMA requires that the public
and all levels of government (local through federal) be invol-
ved in the process of developing a state program. Congress
recognized that if coastal management is to succeed, it must
be developed with the aid of coastal communities and be fully
understood, accepted, and supported by those persons most
directly affected.

To receive federal approval of the program, the Governor
must approve the program, and the state must have developed
the policies, organization, and authorities necessary for
implementation. The CZMA specifies three alternative manage-
ment mechanisms: (a) direct state regulation; (b) local
regulation consistent with state established standards, with
review for enforcement of compliance; or (c) local regulations
with state review and approval of all coastal zone development
projects. A combination of any or all of the three is allowed.

FLORIDA'S COASTAL ZONE

BACKGROUND

State concern for coastal resources paralleled that ex-
pressed at the federal level. The writers of the 1968 Florida
Constitution, recognizing that Florida's natural resources
are the basis of the state's economy and the primary attrac-
tion for residents and tourists alike, declared that:

"It shall be the policy of the state to conserve
and protect its natural resources and scenic
beauty...."

The Florida Legislature also recognized that many of the
state's coastal areas were in serious trouble. Starting in
the late 1960's a number of legislative programs were enacted
which addressed coastal resources problems. These included:

- The establishment of an air and water pollution
control agency and water quality standards.

- More stringent state control of the use of most
submerged lands and the water column; Permits
and/or leases are now required for such activities
as bulkheading, dredge and fill, marinas, aqua-
culture, and living and non-living resource
extraction.

-The establishment of beach development controls
designed to prevent construction practices which
might induce or accelerate erosion of Florida's
beaches.

-The establishment of special use areas such as
the Aquatic Preserve System, the State Wilderness
System, the Environmentally Endangered Lands Pro-
gram, the State Park System, and Wilderness Areas.

-The passage of the Environmental Land and Water
Management Act of 1972, establishing the process
for managing areas of critical state concern and
developments of regional impact.

-The passage of the Water Resources Act of 1972,
to provide for the management of water and related
land resources.

-The enactment of the Oil Spill Prevention and
Pollution Control Act which provides a mechanism
for dealing with oil spills in the state's coastal
waters.

-The passage of the Florida Electrical Power Plant
Siting Act.

-The establishment of legislation which will ensure
safe drinking water for Florida's citizens.

-The enactment of the Florida State Comprehensive
Planning Act and the Local Government Comprehensive
Planning Act which requires state and local govern-
ments to plan for the future.

WHY A COASTAL MANAGEMENT PROGRAM?

With these many governmental authorities and legal tools
already in existence, why do we need a coastal management
program? The answer lies in the fact that existing environ-
mental legislation, because of its single-purpose, fragmented
nature, does not provide a systematic approach to evaluating
all aspects of proposed projects or consider both the short-
and long-term effects of a proposed use of coastal resources.
The state needs to provide a mechanism which will encourage
economic development while guiding it to physically and bio-
logically suitable areas. An awareness and general under-
standing of the relationship between the amount, kind, and
location of coastal resources and the long-term costs of their
utilization is lacking in the existing, largely regulatory
framework.

The Florida Coastal Management Program (FCMP) will
address environmental, economic, and institutional problems
within a general resource management framework. The program
will, by establishing a body of coastal resource policy,
provide all levels of government with basic ground rules for
decision-making. Adopted local comprehensive plans that are
consistent with coastal management policies and guidelines
will serve to complement state regulatory programs. These
local comprehensive plans will provide a means of addressing
long-term cumulative impacts, land use considerations, and
economic need factors now lacking in the regulatory programs.
This should increase both the predictability and efficiency
of governmental actions as well as achieve a more balanced
approach to coastal resource allocation.

Coastal management should also be of assistance to the
private sector. Biophysical and socio-economic baseline data
and clearly stated coastal management policies will give the
developer an early indication as to the suitability of a pro-
posed project. Areas suitable for development activities
will be clearly identified, providing a positive approach that
has not previously been available. If the project is to be
sited in an area of environmental sensitivity, the developer
will be aware well ahead of time that he will have a great
deal of difficulty in obtaining project approval.

The advantages that will accrue to Florida by partici-
pation in the federal coastal management program can be summed
up as follows:

- Federal funds up to $2.3 million annually would
be available to assist in managing the coastal
zone. This would allow for financial and tech-
nical assistance to local government for resource
planning and management projects and for funding
to state and regional agencies to carry out coastal
management related responsibilities;

- The continuation of research data, information,
and planning services from the state coastal manage-
ment agency would be ensured;

- There will be greater cooperation and coordination
among different levels of government, with local
government playing a key role if they so desire;

- State and participating local governments will gain
increased authority in federal agency decision-
making regarding permitting and funding activities
in the state's coastal areas. Federal activities
affecting coastal resources would have to be con-
ducted in a manner consistent with the Florida Coastal
Management Program to the maximum extent practicable;

-The state will have a more powerful voice as a
potential "adjacent coastal state" under the Deep-
water Port Act of 1974;

-Local communities affected by coastal energy facil-
ities will be eligible to receive grants to pay for
additional required support services and facilities;

-The state will be given a more formal role in review-
ing Outer Continental Shelf oil and gas development
plans;

-The state will be in a more advantageous position to
receive federal funds made available for the estab-
lishment of estuarine sanctuaries and for the purchase
of islands and shorefront access areas.

FLORIDA COASTAL ZONE LEGISLATION

in recognition of the magnitude and complicated nature
of coastal zone issues, and in anticipation of federal coastal
zone legislation and funding, the 1970 Florida Legislature
created the Coastal Coordinating Council. The Council members
and staff were involved in coastal zone planning from Septem-
ber, 1970 through June 30, 1975, and considerable progress
was made toward the development of a coordinated coastal
resource management program.

The primary functions and duties given to the Council by
Ch. 370.0211, F.S. were to:

1. develop a comprehensive state plan for the pro-
tection, development, and zoning of the coastal
zone, making maximum use of any federal funding
for this purpose;

2. conduct, direct, encourage, coordinate, and
organize a continuous program of research into
problems relating to the coastal zone;

3. review, upon request, all plans and activities
pertinent to the coastal zone and provide coordi-
nation in these activities among the various
levels of government and areas of the state; and

4. provide a clearing service for coastal zone
matters by collecting, processing, and dissemi-
nating pertinent information relating thereto.

The 1975 Legislature abolished the Coastal Coordinating
Council and transferred its duties and functions to the

Department of Natural Resources (DNR). New legislation in
1977 transferred these powers and duties to the Department
of Environmental Regulation (DER) and added an additional
mandate:,

The state coastal zone management plan ... shall
contain a b-oundary, policies, goals, and programs
necessary to comply with the requirements of the
Federal Coastal Zone Management Act of 1972 ...
specifically delineating the role of state, regional,
and local agencies in implementing the plan.

The 1977 legislation also stated that participation by Florida
citizens was an important factor in developing the plan.
Coordination among state, regional, and local officials and
agencies was stressed in both the 1970 and 1977 legislation.

COASTAL MANAGEMENT PROGRAM GOALS AND OBJECTIVES

In the legislation establishing the Coastal Coordinating
Council, the 1970 Florida Legislature recognized that:

"The environmental aspects of the coastal areas of
this state have attracted a high percentage of
permanent population and visitors and that this
concentration of people and their requirements has
had a serious impact on the natural surroundings
and has become a threat to the health, safety, and
general welfare of the citizens of this state."

It was determined by the legislators that a coordinated
effort of interested federal, state, and local agencies of
government was imperative in order to plan for and imple-
ment a solution to this threat. The plan they envisioned
was for the protection and development of the state's
coastal zone. The 1977 Legislature required that the state
coastal zone management plan be developed to comply with
the requirements of the federal CZMA.

The intent of the Florida Legislature, then, tracks with
the primary policy of the federal CZMA which calls for the
preservation, protection, development, and where possible,
the restoration and enhancement of the nation' s coastal zone
for this and future generations.

To respond to the duties established by the Florida
Legislature and the requirements of the federal Act, and to

provide a focus for the coastal planning effort, it was nec-
essary to establish program goals.

The overall goal of the Florida Coastal Management
Program is to attempt to provide a balance between the tremen-
dous growth pressures in Florida's coastal areas and the need
to protect and conserve those coastal resources that have
attracted residents and tourists, providing a foundation for
much of the state's economy. Three specific goals were
developed to carry out this larger mission. They are:

1. To protect, preserve, and where possible, restore
the natural resources and systems of the coastal
zone;

2. To maintain and enhance coastal economic develop-
ment, public access, and recreational use consis-
tent with resource limitations; and

3. To provide for a coordinated intergovernmental
management approach for the protection and proper
utilization of coastal land and water resources.

To achieve these goals, the Florida Coastal Management
Program has identified the major objectives listed below:

GOAL 1: TO PROTECT, PRESERVE, AND WHERE POSSIBLE,
RESTORE THE NATURAL RESOURCES AND SYSTEMS
OF THE COASTAL ZONE,

Objectives:

1. Maintain and protect the integrity of
the coastal ecosystem and the benefits
it provides.

2. Protect and conserve natural areas,
wildlife habitat, fisheries resources,
and other renewable and non-renewable
resources of the coastal zone.

3. Maintain and restore acceptable levels
of air and water resources in coastal
areas.

GOAL 2: TO MAINTAIN AND ENHANCE COASTAL ECONOMIC
DEVELOPMENT, PUBLIC ACCESS, AND RECREATIONAL
USE CONSISTENT WITH RESOURCE LIMITATIONS.

Objectives:

1. Provide adequate opportunity for economic
development consistent with resource
limitations.

2. Provide and improve opportunity for rec-
reational and aesthetic enjoyment of
coastal resources.

3. Reduce or prevent loss of property and
lives in flood hazard areas.

4. Prevent man-induced shoreline erosion and
restore presently eroded areas where res-
toration efforts will be in the public
interest.

5. Integrate economic and environmental
factors into local government's land use
decision-making process.

GOAL 3: TO PROVIDE FOR A COORDINATED INTERGOVERNMENTAL
MANAGEMENT APPROACH FOR THE PROTECTION AND PROPER
UTILIZATION OF COASTAL LAND AND WATER RESOURCES.

Objectives:

1. Distribute responsibility to the levels
of government best suited for coastal
resource decision-making and implemen-
tation and clearly delineate governmental
responsibilities for management in order
to prevent and cope with overlap and
conflict.

2. Increase citizen participation in deci-
sions affecting coastal land and water
resources.

3. Improve the administration and efficiency
in the~ management of coastal resources.

4. Identify gaps in existing resource manage-
ment processes that must be corrected to
enhance coastal resource protection and
restoration.

S. Promote research and technical support to
enhance the basis for decision-making
concerning coastal resources.

6. Provide a basis to review and regularly
revise coastal resource policies and
management procedures to provide for
changing or unforeseen needs.

Designed to achieve these objectives, the Florida Coastal
Management Program will benefit:

- The investor and developer, by enabling them to
make investments with greater confidence;

- Local governments, by providing them with the
opportunity to play a more effective role in the
management, protection, and use of coastal
resources;

- State regulatory agencies, by enhancing their
ability to make more effective decisions on per-
mits and to address the aggregate or cumulative
effects of scattered activities; and

- The public, by increasing their role and oppor-
tunity for participation in decision-making by
protecting resources and the long-term benefits
they provide for future use, and by internalizing
many of the costs now borne by society.

II. THE FLORIDA COASTAL ZONE: AN OVERVIEW

Florida's coastal zone is a rich resource providing a
variety of benefits to man. The coast is a unique environ-
ment subjected to-more intense development and growth pressure
than any other area in the country. The combination of wide
environmental diversity and unusual stress underscores the
need for effective management of coastal land and water
resources if the benefits that they provide are to be main-
tained.

Florida is basically a long, narrow subtropical appendage
of the United-States. Its tidal shoreline is approximately
11,000 miles in length and consists of three primary types:
beach, tidal marsh, and mangrove swamp. As defined for
planning purposes, the Florida coastal zone includes parts
of 40 coastal counties and 203 incorporated municipalities.
The coastal zone represents approximately 30% of the state's
land area but contains over 75% of the state's population.
The majority of the population is concentrated in 16 of the
coastal counties.

BIOPHYSICAL SETTING

Florida's coastal zone is diversified with many vege-
tative systems, including the pine and hardwood forests of
north Florida; the pine flatwoods, cypress heads and prairies
and marshes of the St. Johns River basin; the vast wetland
complexes of the Everglades and Big Cypress Swamp; and finally
the band of mangroves and coral reefs of Florida's southern
extremity. On the Atlantic side of the state there is a long
pattern of barrier islands with sandy beaches lying between
salt marshes and the open ocean, while on the Gulf shore there
are similar, less extensive barrier islands with a long series
of mangroves or salt marshes laced by tidal channels to the
open Gulf of Mexico.

The coastal zone, with relatively flat topography, con-
tains all or part of three physiographic regions: Western
Highlands, Coastal Lowlands, and the Continental Shelf.
Florida comprises half of a larger geologic unit, the
Floridian Plateau, which separates the deep Atlantic waters
from the deep waters of the Gulf of Mexico. its core is
composed of metamorphic rocks buried under a layer built
mostly of limestone. Most of Florida last emerged from the
seas in the past one million years making it, geologically, a
very young land mass.

The coastal area can be categorized into six environmental
systems: offshore marine waters, barrier islands, estuarine
and nearshore systems, ground water, drainage basins, and over-
lying air mass.

The marine system of Florida, which includes the Gulf of
Mexico, the Atlantic Ocean, and the Florida Straits is the
area below the shore boundary of the mean low water line, where
fresh water has not diluted sea water. Florida's marine system
is based upon many chemical, physical, and biological factors
which all interrelate to form a unique ecosystem. Of special
consideration to the Florida marine environment is the coral
reef system along the southern and lower east coast of the
state. It is an integrated community containing the most
varied forms of marine life found in the contiguous United
States.

Barrier islands and beaches are fragile ecosystems which
provide a unique habitat for countless terrestrial and aquatic
species of wildlife. They form the first line of defense for
the mainland against storms, waves, and tides. Barrier islands,
which are transition zones between estuarine and marine waters,
grow and shrink in response to storms and to fluctuations in
season, sea level, currents, and sediment supply. Wetlands of
salt marshes or mangroves are found on the estuarine side of
these islands. Tropical hammocks, dune vegetation, and palms
are usually found on upland areas of barrier islands.

The estuarine systems of Florida are particularly valu-
able and extremely vulnerable. These areas, which are part
river and part sea, are open connections to the sea and contain
a mixture of salt water from the ocean and fresh water from
upland drainage areas. Estuarine systems contain coastal
marshes, coastal mangroves, submerged grass beds, tidal flats,
and shellfish beds. The marshes and mangroves serve as a
vehicle for storage and transfer of nutrients and provide the
needed food for the organisms in estuarine waters. Commercial
and sport fisheries depend on the high biological productivity
of the coastal bays, lagoons, and marsh or mangrove areas.
Game species, spectacular wading birds, birds of prey, and
other waterfowl nest or rest in estuarine areas-and feed upon
estuarine organisms.

The coastal zone is affected by the drainage basins of
many of Florida's rivers and streams as well as by areas,
such as the Everglades, that are drained by sheet flow and
canals. The four main components of drainage basins are
uplands, coastal wetlands, floodplains and drainageways.
Upland areas help govern sediments, nutrients, minerals, and
dissolved substances that enter the rivers and coastal eco-
systems. Coastal wetlands, consisting of fresh water swamps
and marshes, provide natural reservoirs; purify and settle
substances; and gradually release waters to the estuaries.
Floodplains act as a buffer zone to protect wetlands from
heavy runoff and prevent pollutants from entering estuarine
areas. They also absorb and contain flood waters. Drainage-
ways deliver water to the estuarine system. One of the most
important functions of many drainage basins and areas is to
recharge ground water systems.

Ground water in Florida exists in two systems: artesian
and non-artesian aquifers. The Floridan Aquifer (artesian)
is the primary source for drinking water and water used for
agriculture and industry in most of the state. Of major con-
cern is the fact that the recharge to this aquifer is outside
the coastal zone. The non-artesian aquifers, such as the
Biscayne Aquifer, are localized and are used as drinking water
supplies. Excess drainage, which diverts surface water and
prevents adequate recharge, has led to salt water intrusion
into these shallow aquifers in many coastal areas.

Florida's air quality is of particular concern in urban-
ized areas of the coastal zone. The air has always contained
a small amount of pollutants which were removed through natural
atmospheric cycles. Due to the extremely rapid growth in many
areas of Florida's coastal zone, man's activities have upset
these cycles and placed an overload on the air system, thereby
reducing the system's potential to disperse and filter pol-
lutants.

SOCIO-ECONOMIC SETTING

In the last two decades, Florida has been subjected to
extremely rapid growth pressures. There has been a transition
from a primarily agricultural economy to a more urban economy,,
with tourism coming to the forefront as the major "'industry"
in the state.

In the period from 1950 to 1970, Florida's population
grew by four million, and during the early 1970's new resi-
dents were arriving at the rate of more than 6,000 each week.
The 1976 estimate of population in the coastal planning area
was 6.4 million. Population projections for the coastal area
remain awesome: 1980 -7 million; 1985 - 8 million; and
1990 - 8.8 million.

Annual per capita income for 1974 in the counties in-
cluded in the coastal planning area ranged from $2,331 in
Franklin County to $6,662 in Palm Beach County. Nine coastal
counties had per capita income above the state average of
$4,412; three counties had per capita incomes below $3,000
per year.

Tourism is the largest industry in the coastal zone. In
1975, 25 million visitors to the state spent over $9 billion.
Sales tax from these expenditures is a major source of public
revenue. Tourism-related trades and services account for the
majority of employment in the southern half of the state.

Value added by manufacturing in coastal counties was over
$6 billion in 1975. Fourteen of the state's fifteen largest
industries are located in coastal counties. However, these
are concentrated in the larger urban areas, and only five of
these counties show manufacturing as one of the top five
sources of personal income.

Commercial and sport fishing are of considerable economic
importance. Commercial fish landings had a dockside value of
$73.7 million in 1975. Fish processing and marketing added
another $156 million to this value. Salt water sport fishing
is estimated to add another $500 million annually to the
state's economy.

Florida has 12 deep draft ports (authorized depths of 32
feet or greater) which handled over 85 million tons of freight
and served well over one million passengers in 1975. In addi-
tion, there are 'nine shallow draft or barge ports in the
coastal zone.

Eleven military and defense bases use over 550,000 acres
(6%) of land area in the Florida coastal planning area. These
bases generated military payrolls amounting to $1 billion and
civilian payrolls totalling close to $7 million in 1975.

Forestry is an important economic activity in the state's
coastal zone, especially in the northernmost counties. The
value added to county income from the forest industries and
forest resources was $2.27 billion (1976) in the 40 counties
included in the coastal planning area. Forestry activity ranks
high in economic importance in many of the northern coastal
counties.

About 30% of the land in the coastal planning area is
classified as urban or built-up; of this 57% is used for resi-
dential and institutional purposes. Agriculture uses 21% of
coastal lands and about 49% is classified as vacant land and
natural areas. Excluding Everglades National Park, less than
1% of the coastal planning area is devoted to public parks and
recreation areas. Approximately 6% of the planning area-falls
within the classification of undeveloped subdivision land.

The vast majority of coastal land is-~privately owned.
Private interests account for approximately 78% of coastal
land ownership; the federal government owns about 71%; and
state and local government own the remainder.

The cost of land in coastal areas has skyrocketed, pri-
marily due to the demand for residential development near the
water. Total valuation placed on Florida real estate jumped
from $2.1 billion in 1941 to $51.2 billion in 1970. In
coastal areas this increase in value has been even more
dramatic.

Support services (which include water supply, sewage
treatment facilities, solid waste disposal facilities, trans-
portation, recreational facilities, etc.) vary in demand and
supply characteristics in the coastal zone. Solid waste dis-
posal and wa'ter supply are by far the two most serious support
services problems in Florida's coastal areas. Sewage disposal,
transportation facilities, and park and recreation areas are
inadequate in many urbanized areas, especially those experiencing
rapid growth.

BENEFITS OF THE COASTAL ZONE

In its natural state, the coastal zone provides a variety
of social, economic, and environmental benefits to society.
Although many of these benefits are not readily apparent, they
are produced by nature and accrue to the public as a whole.
Eleven major categories of benefits have been identified as
resulting from the natural coastal system. They include fresh
water recharge, maintenance of water quality, maintenance of
biological productivity, recreation and open space, storm pro-
tection and flood control, climate control, commerce and
economic development, education and research, harbors of refuge,
cultural traditions, and mineral resources.

Florida's wetlands serve many purposes including their
natural functioning as a sponge -and reservoir to store water,
to recharge ground water aquifers, and to provide a hydrostatic
head which protects fresh water supplies from salt water intru-
sion. Their storage and timely, gradual release of water also
serve the function of regulating the salinity balance in
Florida's productive coastal estuarine ecosystems.

Wetlands also function as natural water filters, serving
to maintain water quality and reduce the adverse effects of
runoff from upland sources. They are particularly efficient
in absorbing and filtering out sediments, particulates, nutri-
ents, and organics. Moreover, wetland systems, including man-
groves, marshes, and submerged grass beds, control erosion
through trapping and binding sediments and perventing highly
turbid water conditions.

Coastal wetlands and adjacent estuarine areas provide
extremely productive habitat, nursery grounds, and food supplies
for a vast array of fish and wildlife. As the wetlands filter
nutrients out of water and runoff, they convert the nutrients
to a form usable by marine life. In addition, coastal waters
supply a transportation corridor for migratory fish and wild-
life. Coastal estuaries and rivers play a key role in the
sustainment of commercial and sports fisheries. About 80% of
the catch value of Florida's Gulf and Atlantic fisheries is
estuarine dependent. Moreover, the coastal zone, particularly
the wetlands, estuaries, and nearshore waters, is the primary
remaining habitat for endangered or threatened species which
are found in Florida.

Coastal wetlands serve as a buffer against storm surge and
flood waters by dissipating wave energy and storing flood waters.
Undeveloped barrier islands also serve as natural buffers, pro-
tecting mainland areas from the full force of storms. In this
sense, coastal features serve as natural defense mechanism to
mitigate the hazards to man's use of the coastal zone. Coastal
bays, estuaries, and rivers have historically provided harbors
of refuge for boats as well as wildlife, from hurricanes.

The recreational values of Florida's coastal zone are
another significant benefit of both economic and social impor-
tance. Tourism is the leading industry in Florida, and the
coastal zone is the state's major tourist attraction. In a
recent state survey, beaches received the single highest rating
from tourists when they were asked what recreation resources
they looked forward to visiting in Florida. Florida residents
spend much of their'leisure time in the coastal zone partici-
pating in activities such as swimming, fishing, hunting, boating,
photography and camping.

The coastal zone also has an aesthetic and cultural appeal
to residents and tourists. It is rich with aesthetically
pleasing physical features and historical and archaeological
sites. To the scientific, engineering, technical and educational
community, the coastal zone offers a challenge and an opportunity
to study and solve a wide variety of problems. The long-term
impacts of man's activities on the physical, chemical, and
biological interrelationships are often unknown or little under-
stood. Florida needs answers to questions pertainina to the
preservation and utilization of coastal resources that will be
responsive to public needs and representative of diverse social
values.

The climate of the Florida peninsula, which has attracted
millions of residents and tourists and is also important for
agriculture, is a result of many factors including its rela-
tionship to coastal waters, coastal vegetation, and Florida's
topography. The coastal waters, including the wetlands and
large intertidal expanses, are responsible for the moderate
climate, making winters warmer and summers cooler than in up-
land or inland areas.

The coastal zone is equally important because of the
benefits it provides to commerce and economic development.
Coastal waters provide routes for the water-borne transpor-
tation of goods and supplies such as oil and agricultural
products, as well as sites for ports and harbors.

Other water-dependent uses and activities depend on the
coastal zone and its coastal waters. In Florida, particularly,
the coastal zone is the primary site for large electrical
generating facilities which, because of limited inland water
supplies, need access to coastal waters for cooling. The
coastal zone may also serve as a site for minerals such as
sand, shell, phosphate, and oil and gas.

The systems which provide these benefits are self-regu-
lating and can provide work for society indefinitely if they
are not under stress. Further, these benefits are provided
using natural sources of energy, without energy costs to man.
This is especially relevant considering the current and antici-
pated future rise in energy prices. All of the benefits iden-
tified are available to future generations as well as in the
present if society is willing to forego the development of
these areas and avoid stressing natural systems through over-
utilization.

PROBLEMS AND ISSUES

The rapid, often unplanned growth that has occurred in
Florida's coastal areas has led to a number of specific issues
and problems that serve as impetus to the development of a
coastal management program. Many of these problems relate to
water quality and to land and water use conflicts. Another
related issue is the consideration of short-term economic bene-
fits versus long-term economic productivity. The resolution
of these issues and problems depends on the development of a
soundly based system of resource management and a coordinated
govermental approach.

Problems in the coastal zone may originate in one environ-
mental system, but because of the unique topography, climate,
geology, and hydrology of Florida, these problems affect other
systems as well. Not only do environmental problems cause
other environmental problems, they also create economic burdens
and affect the social attitudes of Florida's citizens and
tourists.

RESOURCE PROBLEMS AND ISSUES

increased economic activity has created pressure on the
resources of Florida's coastal area. Shorefront areas are
highly desirable for development, and as a result, residential,

commercial, industrial, recreational, public and institutional
uses are often in direct competition for limited shorefront
space. Urban development and activities associated with the
use of coastal lands are primary problems to the maintenance
of Florida's coastal resources and the benefits they provide.
Significant coastal land use problems include: the degradation
of water quality; the shortage of fresh water supply; the loss
of important, ecologically valuable natural areas; beach ero-
sion; loss of aesthetic resources; development in flood prone
areas; constraints on public beach access; and air quality
problems.

Extensive development may cause marine and estuarine
water quality to be adversely affected. Florida's environ-
mental legislation has served to slow and, in recent years,
even reverse in some areas the deterioration of water quality.
Many areas are still polluted or showing signs of deterioration.
Uses and activities which affect the quality of coastal waters
include sediment runoff, dredging and filling, discharge of
sewage effluents (including septic tank seepage), and disposal
of solid waste materials.

Ground water systems are crucial to use of the coast,
because without an adequate supply of drinking water, people
cannot live in coastal areas. The demand for water by agri-
culture and industry, especially in areas where there is com-
petition for potable water, creates major conflicts. Shortages
of potable water are also caused by salt water intrusion due to
over-pumpage of aquifers and to stream and wetland channelization.
Economic losses are great when potable water is not available.
In south Florida, where local aciuifers are heavily used, ground
water quality and quantity are causing many development problems.

Coastal areas that are the most attractive for the location
of economic activities are frequently ecologically fragile and
extremely vulnerable to development of any kind. Ecologically
valuable mangroves, coastal marshes and beaches have been de-
stroyed to accommodate the development of residential, indus-
trial, resort, or marina projects. The functions of vital
estuarine areas have often been impaired by encroaching develop-
ment. These losses are irrevocable in most cases and have
contributed to declining marine fishery productivity as well
as to other coastal resource related problems.

Closely related to the loss of natural areas is the prob-
lem of beach erosion. Often caused by improper development
too close to the water, erosion has occurred in many prime beach
areas, destroying their value for recreational and aesthetic
purposes as well as causing loss of life and property. De-
struction of primary dunes in many coastal areas has negated
the function of the beach in buffering the effects of storms.

One of the most important resources of Florida's coastal
zone has been its high degree of aesthetic attractiveness.

The beauty of shoreline areas has attracted residents and
visitors alike. Haphazard development and the location and
type of development along the shorefront have become major
concerns. The aesthetic features which have drawn people to
Florida are rapidly disappearing in many areas of the coast.
This is exemplified by Miami Beach where tourism has been
replaced to a large extent by convention trade. Many of the
tourists who used to come to enjoy the sea, sun, sand, and
other natural features now go elsewhere.

Another problem associated with coastal development is
related to the fact that approximately one-half of the coastal
zone land area is within the 100 year hurricane flood zone.
In many areas, extensive urban development has occurred in the
flood zone, and a disaster of major proportions could occur if
a sizable hurricane were to hit these areas. Barrier islands
and low-lying finger-fill canal developments are particularly
susceptible to hurricanes. Between 1900 and 1975, approximately
$l.5 billion of damage was inflicted on Florida's coastal areas
due to hurricanes. The damage that could be inflicted by one
major hurricane occurring today in an extensively developed
south Florida area could approach the total figure for the
1900-1975 period.

Intensive commercial and residential development in beach
areas has restricted the public's use of the beaches. Prop-
erty owners are not required to provide access to the publicly-
owned wet sand beach. Even where public access is available,
the presence of residential or resort development often pres-
ents a psychological barrier to beach users. Many existing
public beaches are in heavy demand and use, causing beach
litter, erosion, and other problems.

Development in coastal areas also affects air quality.
With people comes the automobile, the coastal area's greatest
single air pollution source. Power plants and industrial
facilities also contribute particulates, sulfur oxide, and
other pollutants to coastal air masses. Coastal air pollution
has not been a widespread critical problem up to this point
in time, but as growth continues, air pollution will need
increasing attention.

ECONOMIC PROBLEMS AND ISSUES

The resource problems discussed above are related to the
issue of short-term versus long-term benefits. Florida's past
experience has shown that the allocation of coastal resouces
has often resulted in short-term economic benefits being
favored over long-term resource productivity. The -state has
recognized in the last several years that large, major projects
often have adverse effects on coastal resources and has tried
to provide mechanisms that will minimize these effects. There
has been less ability to consider the potential cumulative

adverse effects of many, small projects, however.

Gradual, piecemeal use of coastal resources is not gen-
erally thought of as causing an economic loss; however, these
small, incremental impacts pose a serious problem in terms of
economic productivity. For instance, storm water runoff from
one small housing project may have little, if any, adverse
impact on coastal waters. Runoff from several of these pro-
jects may, in time, result in the loss of these waters as a
recreational or shellfish resource. There is a need to
evaluate the aggregate effects of minor projects.

Florida's coastal resources and amenities together repre-
sent the state's most important economic asset. This asset,
however, is a factor in a number of the state's economic prob-
lems-. The attractive setting and the climate serve to draw
permanent residents and tourists in ever-increasing numbers.
This influx of people has caused economic problems which in-
clude: low per capita income in areas where retirees on fixed
incomes make up a large percentage of the population; low per
capita income and high seasonal unemployment in areas where
tourism is the mainstay of the economy; financial problems for
local governments in attempting to provide adequate support
services; conversion of prime agricultural land to development;
and land speculation which inflates land values.

Almost all of the economic problems in coastal areas are
related to a lack of diversity and balance in the economic
structure of the area. There is a need to encourage the devel-
opment of clean, non-polluting industry, guiding it not only to
those areas suitable for development, but also to those areas
that are economically depressed and most lacking in economic
balance. It is anticipated that the Florida Coastal Management
Program will provide assistance in guiding development to those
areas where it is most suitable and most needed.

GOVERNMENTAL PROBLEMS AND ISSUES

Although Florida enjoys a variety of environmental laws,
the following quotations from a recent report by INFORM, Inc.
highlight a number of problems and issues relating to Florida's
existing environmental legislation:

Florida is a state of lofty plans and elaborate pro-
cedures, but of little in the way of concrete, state-
level standards ... (p. 77)

The DRI procedure substitutes complicated and involved
procedure for substantive regulation, and relies on
extensive proposals, hearings, rebuttals, and appeals
procedures to arrive at its end. Because of its rather
vague mandate, the DRI procedure has been termed a
'process without a policy', merely prescribing a

procedure for land use decisions without any
definite and binding criteria or standards for
those decisions. The procedure combines aspects
of federal lawmaking and the judicial process,
but never actually defines what may be developed
and what must be protected. (P. 88)

... the DRI process still relies more on adminis-
trative road blocks than substantive, predictable
do's and don'ts. (P. 89)

The implementation of the Florida Comprehensive
Planning Act follows a familiar pattern: although
the plan reflects an elaborate scheme for regu-
latory goals, it is overly vague and requires no
state or private action of any sort. (p. 96)

... the permit procedure for dredge-and-fill
activities became increasingly complex, involving
environmental impact evaluation and review by
dozens of state and federal agencies. Yet it was
a procedure without any substance, an attempt to
protect wetlands by showing water-quality degradation,
rather than by establishing guidelines and rules
based on the value of critical wetland resources.
This lack of substantive criteria meant that each
case had to be decided individually. Neither
developers nor government agencies were assured
of uniformity or consistency of decisions, and the
maze of procedural requirements most often resulted
in a decision favorable to whichever side had more
staying power. (p. 97)

The Local Government Comprehensive Planning Act of
1975 follows the familiar Florida framework of
designating procedures, by which local governments
may implement substantive provisions. While this
Act provides procedural guidelines indicating which
issues must be addressed and includes deadlines and
pe~ialties for non-compliance, it lacks provisions
for quality control. .. .Again, however, no specific
standards apply in the case of these (state and
regional) reviews. (p. '107)

(Simko, P.A., et al. Promised Lands Volume 3: Sub-
divisions And The Law. New York, INFORM, Inc. 1978)

Although the criticism concerning dredge-and-fill activi-
ties has now been largely addressed through the criteria and
guidelines of Chapter 17-4, Florida Administrative Code, all
of the other comments are still relevant. Procedures still
appears to be paramount to standards and criteria, causing
difficulties with property owners and developers who do not
always understand what is allowable under existing law.

It is anticipated that the adoption of the policies con-
tained in the Florida Coastal Management Program will provide
a uniform base for decision-making, at least in coastal areas,
that is presently lacking in existing environmental and re-
source management legislation.

III. SUBSTANTIVE ELEMENTS OF

FLORIDA'S COASTAL MANAGEMENT PROGRAM

The scope of the Florida Coastal Management Program-
what activities it manages and where it manages them -is the
product of two requirements: uses subject to management and
the state coastal zone boundary. These requirements are
related, and reflect the kind of uses and their impacts on
coastal resources.

Early in the development of the Florida Coastal Management
Program, the Bureau of Coastal Zone Planning (then the Coastal
Coordinating Council) developed a planning boundary which
served as the basis for data collection and analysis and for
initial planning purposes. It was based on a combination of
natural resources, socio-economic data, and administrative con-
siderations. Although approximatincr natural resources and
coastal features, the planning boundary primarily utilized
census enumeration district lines. IThis allowed for the col-
lection of socio-economic data with maximum relation to the
geographic base.

The resources and demographic patterns in the planning
boundary were inventoried, mapped, anlayzed, and summarized.
These initial efforts, in 1972, led to the identification of
important resources, hazardous areas, potential problems for
development, and areas most suitable for development. Collection
and analysis of this information continued and was revised and
republished at a larger scale in regional atlases in 1975, along
with summaries of land use and economic and census data.

These inventories enabled the identification of uses subject
to management and areas or resources of special concern. They
also formed the basis for the development of the proposed manage-
ment boundary and program policies.

USES AND ACTIVITIES SUBJECT TO MANAGEMENT

The Coastal Zone Management Act requires that state programs
determine and identify which uses shall be subject to the manage-
ment program. At a minimum, the program mnust provide at some

level of government for control of land and water uses and
activities which may have a direct and significant impact on
coastal waters.

In order to systematically define those uses and activi-
ties which should be subject to management under the Florida
Coastal Management Program, the Department relied upon a com-
bination of knowledge, experience and comments from research
and resource management ag~encies and individuals; technical
information; and resource analyses prepared by the Bureau, as
well as experience and past legislation addressing coastal re-
sources. For determining whether these impacts on coastal
waters were direct and significant, the following definitions
were developed.

Impact is any modification or alteration of an element
of coastal waters, including their quality, quantity,
hydrodynamics, surface area, living resources, and
aesthetics, or the human or natural use thereof.
Impacts can be positive or negative.

Direct indicates a causal relationship, denoting that
the impact on coastal waters results from a conseauence
of an action or use.

Significant impacts are those which can reasonably be
expected to: i) alter the physical, chemical, radi-
ological or biological properties of coastal waters;
ii) affect other uses of c~oastal resources; iii) affect
public health, safety, or welfare; or iv) result in
irretrievable commitments of coastal resources.

Table I indicates the impacts of different activities on coastal
waters identified as a result of this analysis. The relation-
ship of these activities to coastal uses - the manner in which
they affect coastal waters - is shown in Table II. These are
then the uses subject to the management program.

Assessment of the various impacts associated with uses in
the coastal zone revealed that some', such as ports, power
plants, and navigation projects, can usually be expected to
have direct and significant impacts. However, the impacts of
many other uses such as residential, commercial, or recreational
development, cannot simply be correlated with the use itself.
While having a potential impact in some instances, these uses
need not always have a significant or direct impact. In these
cases, the impacts will depend largely on project size, the
degree and extent of landscape alteration, the manner of con-
ducting or undertaking the use, and the specific location and
resources affected.

These uses and activities have a variety of impacts, some
broad and pervasive, others relatively narrower or more limited.
Most of these impacts are transmitted via water, affecting water

TABLE I

IDENTIFICATION OF ACTIVITIES TO BE M'ANAGED

WATER CHARACTERISTIC

IMPO X o X U
H _M W H 0
H E- O
WATE DICAR: POT NPO X X
C > rzs HO E-H
p i uoz X P

ACTIVITY

CONSUMPTIVE USE OF LIVING RESOURCES X

SPACE OR SURFACE USE OF WATER X X X

DREDGE OR FILL X X X X X X

IMPOUNDMENT X X X X

WATER DISCHARGE: POINT OR NON-POINT X X X X

"X" indicates direct and significant adverse impact of activity on coastal water
characteristic

TABLE II

RELATIONSHIP OF COASTAL USES AND ACTIVITIES,
AND THE IMPACT OF USES ON COASTAL WATERS

z H O

HH H :
h ll P: O c H Z
ACTIVITIES: U u
C ZOD < < 34 < E-1 EHH
USES Q H

ENERGY PRODUCTION, TRANSMISSION, STORAGE X X X X X
ELECTRICAL FACILITIES, OIL AND GAS STORAGE

WATER-BORNE NAVIGATION AND TRANSPORTATION X X X
a. ports, offshore terminals
b., marinas, docks, piers

HIGHWAYS, AIRPORTS, RAILROADS x x X

AGRICULTURE, FORESTRY, FISHERIES AND x x x x x
AQUACULTURE

SHOPPING CENTERS, INDUSTRIAL/OFFICE X X X
PARKS, HOSPITALS, SCHOOLS

RESIDENTIAL/RESORT DEVELOPMENT X X X

SOLID WASTE/WASTE WATER MANAGEMENT X X

DRAINAGE PROJECTS, EROSION CONTROL/BEACH X X X X X
RESTORATION, PEST CONTROL

RECREATION X X X X X

TABLE III

CONTROLLING AUTHORITIES

USES TO BE MANAGED APPLICABLE CONTROLLING AUTHORITIES

FCMP Policy Other State Statutes

ENERGY PRODUCTION, Resource Protection Ch. 253-State Lands
TRANSMISSION, Energy Facilities Ch. 370-Fisheries
STORAGE ELECTRICAL Areas of Particular Ch. 403-Air and Water
FACILITIES, OIL Concern Pollution Control
AND GAS STORAGE Resource Utilization Ch. 373-Water Resources
Water Resources Ch. 377-Oil and Gas
Air Quality Resources
Exceptions

WATER-BORNE Resource Protection Ch. 253-State Lands
NAVIGATION AND Resource Utilization Ch. 258-Aquatic Preserves
TRANSPORTATION Ports Ch. 403-Air and Water
a. ports, offshore Water Resources Pollution Control
terminals Areas of Particular
b. marinas, docks, Concern
piers Exceptions

HIGHWAYS, AIRPORTS, Resource Protection Ch. 253-State Lands
RAILROADS Air Quality Ch. 403-Air and Water
Land Transportation Pollution Control
Exceptions

AGRICULTURE, Resource Protection Ch. 211-Mine Reclamation
FORESTRY, FISHERIES Resource Utilization Ch. 253-State Lands
AND AQUACULTURE Water Resources Ch. 370-Fisheries
(MINING) Exceptions Ch. 373-Water Resources
Ch. 377-Oil and Gas
Resources
Ch. 403-Air and Water
Pollution Control
Ch. 533-Mine Wastes

SHOPPING CENTERS, Resource Protection Ch. 253-State Lands
INDUSTRIAL/OFFICE Economic Development Ch. 373-Water Resources
PARKS, HOSPITALS, Air Quality Ch. 403-Air and Water
SCHOOLS Exceptions Pollution Control

RESIDENTIAL/ Resource Protection Ch. 253-State Lands
RESORT DEVELOPMENT Recreation and Ch. 403-Air and Plater
Shoreline Access Pollution Control
Exceptions Ch. 553-Residential
Building Codes

TABLE III (CONTINUED)

USES TO BE MANAGED APPLICABLE CONTROLLING AUTHORITIES

FCMP Policy Other State Statutes

SOLID WASTE/WASTE- Resource Protection Ch. 403-Air and Water
WATER MANAGEMENT Resource Utilization Pollution Control
Water Resources
Exceptions

DRAINAGE PROJECTS, Resource Protection Ch. 161-Beachfront
EROSION CONTROL/ Recreation and Construction
BEACH RESTORATION, Shoreline Access Ch. 253-State Lands
PEST CONTROL Water Resources Ch. 370-Fisheries
Areas of Particular Ch. 373-Water Resources
Concern Ch. 387-Subsurface Waters
Exceptions Ch. 403-Air and Water
Pollution Control
Ch. 582-Soil and Water
Conservation

RECREATION Resource Protection Ch. 253-State Lands
Recreation and Ch. 370-Fisheries
Shoreline Access Ch. 371-Recreational
Resource Utilization Boating
Areas of Particular Ch. 372-Game and Fresh-
Concern water Fish
Exceptions Ch. 403-Air and Water
Pollution Control

features or conditions (i.e., old shorelines, floodplains,
contours); iii) political jurisdictions (city or county
lines); iv) a two-tiered boundary which distinguished a man-
agement and an administrative area; and v) inc3.usion of the
entire state as the coastal zone. Examination of these alter-
natives indicated problems and benefits associated with each.

Based an the data collected during the planning phase,
comments received on the alternatives, and management needs
identified, the planning boundary was reviewed and adjusted in
order to establish a boundary more appropriate for management
purposes. Primary considerations during the review were that
the boundary of the coastal zone should:

1) include all identified vital areas, the most
environmentally important or sensitive coastal
areas;

2) include all hazardous areas, especially the
coastal floodplain; and

3) reflect the relationship between anticipated
uses and their impacts on coastal waters.

Using the data collected during the planning phase, the
planning boundary was then adjusted to more closely reflect
these considerations. Whereas the planning boundary had largely
followed census enumeration district (CED) lines, this relation-
ship was not necessary to maintain during administration of the
management program. Use of the CED boundaries had expanded the
boundary inland in some areas beyond where it was necessary for
implementation. Such areas were deleted from the management
boundary.

This review and adjustment procedure resulted in signifi-
cant revision to the boundary. While the program management
boundary was enlarged in a few~areas (to incorporate portions
of vital areas or the coastal floodplain which had been omitted
during the development of the initial planning boundary), there
has been a net reduction of about 1.3 million acres of the land
area included in the planning boundary. The result is a manage-
ment boundary for implementation purposes which more closely
relates to natural resources, hazards to use in the coastal zone,
and impacts of man's activities on coastal waters (Plate 1).

It is important to recognize, in terms of the federal re-
quirements, that not all lands the use of which directly and
significantly affect coastal waters, are within the coastal
boundary. Some uses in inland areas can be expected to have a
direct and significant impact on coastal waters. However,
these impacts from inland uses are all transmitted via water,
affecting either its quality, quantity, or flow characteristics.
These water-related impacts can be adequately addressed through
existing authorities in Chapter 373 and 403, F.S.

3 0

In the proce~ss proposed for implementation of the Coastal
Management Program, local governments which elect to partici-
pate in the FCMP will have the opportunity to review and adjust
the boundaries in their jurisdiction. Refinements may be based
upon more detailed resource or hazard information developed as
a result of local planning efforts; updated information from
other sources (such as F.I.A. floodplain maps when completed);
consideration of local needs identified during the planning
process; anticipated impacts of uses and activities contemplated
as a result of the local planning process (depending upon their
nature, location, and magnitude); and changing technology.
Such adjustment would be reviewed by DER during its acknowledge-
ment of local plans, and would be one basis for determining
whether the plan complied with the policies and objectives of
the FCMP.

EXCLUDED FEDERAL LANDS

According to CZMA, certain federal lands are excluded from
state coastal zone boundaries (Section 304 (a)). While this
affects the expenditure of coastal zone management funds and
state planning activities, it does not exempt federal agencies
from the consistency requirements of the CZMA. Further,
existing state authorities over federal lands in Florida remain
in effect.

Where the impacts of any public or private use, activity,
or development project on excluded federal lands extend beyond
the federal lands and affect the state's coastal zone, those
uses and actions must be consistent with the approved FCMP to
the maximum extent practicable. Moreover, Congress has indi-
cated that in general, even the uses of those excluded lands
which do not have impacts extending beyond the federal boundary
should be coordinated and consistent with state management
efforts.

Because of the combination of: 1) the national mandate
for federal agencies to coordinate and implement their actions
consistent with an approved state programr; 2) the complex and
interdependent nature of activities in the coastal zone; and
3) the national interest in the protection, development, and
use of coastal resources; the exclusion of federal lands from
the boundaries and conditions of Florida's Coastal Management
Program is a significant issue. In recognition of recent U.S.
Attorney General opinions which conclude that all federally
owned or leased lands should be excluded fro-P the coastal zone,
and in response to the revised federal regulations, Florida has
provisionally agreed to exclude all federally owned and leased
lands from the boundary of its coastal zone for the purposes
of meeting the rectuiremnents of Section 304 (a), pending further
resolution of the status and definition of federal excluded
lands.

The location and size of major federal land holdings
(over two square miles) are identified in Plate 1; most other
federal holdings are represented by a numbered symbol, which
refers to a complete list of excluded federal lands in
Appendix B. This list was developed from material provided
by the U.S. General Services Administration as well as by
individual federal agencies. Material developed during prep-
aration of property ownership maps by regional planning councils,
under contract to the Department, was also utilized in identi-
fying these sites.

As indicated in Plate 1 and Appendix B , the major federal
land holdings are National Park Service lands (primarily Ever-
glades National Park), Department of Defense facilities,
National Wildlife Refuges, and the NASA facility at Cape
Canaveral. Together, excluded federal lands represent a total
of about 2.6 million acres of land and water.

SPECITAL MANAGEMENT AREAS

The CZMA and implementing regulations require that states
provide a focus for areas "~. . .that are of particular concern
because of their coastal related values, characteristics, or
impacts on them., or that face pressures which demand detailed
attention beyond a state's general planning and regulatory
system as proposed in the management proc ram". Included in
this group are requirements for geographic areas of particular
concern, guidelines on priorities of uses, shorefront access
and protection planning, and areas for preservation and res-
toration.

GEOGRAPHIC AREAS OF PARTICULAR CONCETRUN

The C7M-A requires thdt a state's coastal management pro-
gram include an i7nventory and designation of areas .1of particular
concern within the coastal zone. The Act also specifies that
prior to receiving federal approval, a state's management pro-
gram must make provisions for procedures whereby specific areas
may be designated for the purpose of preserving or restoring
them for their conservation, recreational, ecological, or
aesthetic values. The basic purpose for inventorying and
designating geographic areas of particular concern (GAPC's) is
to identify special management needs, objectives, opportunities,
or considerations under the coastal management program for
selected areas or resources of statewide concern.

The federal regulations suggest that several different
kinds of areas should be considered for designation, including
important natural areas; habitat; cultural and scenic resources;
hazard areas; areas for development and for siting of large

3 2

facilities; and areas of intense competition for space or re-
sources. In addition to considering the 'many types of areas,
the state must, prior to program approval, demonstrate that
it has developed and implemented policies or actions to
address the concerns expressed for each area.

Florida proposes to use several existing state programs
which provide special management measures to identify and
designate geographic areas of particular state concern (GAPC's).
Four major state programs which provide for the designation
and direct state management of GAPC's within Florida's coastal
zone are the Aquatic Preserves System, the State Wilderness
System, Environmentally Endangered Lands, and Areas of
Critical State Concern (Table IV). Several sites exist now
in each of these categories, and each contains a process for
designating additions. The objectives, procedures for
designation, and management regulations for these major GAPC's
are described in Appendix B . The location and extent of
selected categories of GAPC's are also shown in Plate II.

In addition to the major GAPC programs, Florida also has
a number of other potential management programs which are
important in regulating activities or resources. Although
established in different ways and administered by various
governmental agencies, they serve to complement management
provisions of the FCMP. Many of these programs are not under
direct state control, but they impose different constraints or
have special management considerations that should be addressed
by state agencies and local governments as they undertake
development or implement their management responsibilities.

Coastal Shorefront Areas

Reflecting the great concern expressed by the Florida
Legislature and by state agencies and resource specialists
about shorefront areas, the FCMP considers the coastal shore-
front a GAPC. Coastal shorefront areas have many special
benefits, problems, and potential opportunities which should
be recognized by state agencies and local governments in their
plans and actions. These include their great importance for
water-dependent industry and for recreation; their unique
values as fish and wildlife habitat and as an aesthetic re-
source; the role of the shorefront in preventing erosion;
and the physical hazards they pose to improperly designed
development. Designation of coastal shorefront area as a
GAPC recognizes the importance of this narrow geographic area
and the unique relationship of the land to coastal waters.
Under the coastal management program there are several inter-
related management tools including the coastal construction
setback line, the state beach renourishment and protection
activities, and the special planning activities of local
government, that will be applied to address the special
importance of shorefront areas.

TABLE IV

MAJOR STATE GAPC PROGRAMS

NUMBER OF PROGRAM
UNITS WITHIN THE CZ PROGRAM LEGISLATIVE BASIS

30 Aquatic Preserve Program Ch. 258.35-258.46, F.S.

5 Wilderness System Program Ch. 258.12-258.33, F.S.

5 Environmentally Endangered Ch. 259, F.S.
Lands Program

2 Areas of Critical State Ch. 380, F.S.
Concern

Not Applicable Coastal Shorefront Areas Ch. 161 and 375, F.S.

Shorefronts involve five types of vital areas: tidal
marshes and mangroves; intertidal areas; state wilderness
areas; and coastal freshwater marshes and swamps. They may
also involve several types of conservation areas, including
coastal and riverine flood plains, and parks and recreation
areas. In addition, some shorefront areas include presently
developed areas or other types of development areas. Policies
1, 3, 8, and 10 of the Coastal Management Program specifically
address how certain shorefront resources and activities should
be protected or developed.

In addition to broad consideration of coastal shorefront
areas, beach shorefronts require special consideration because
of their special erosion and hazard problems and recreational
potential. Under Chapter 161, F.S. the state is empowered to
develop and implement comprehensive programs to preserve and
restore the sandy beach areas fronting on the Atlantic Ocean
and Gulf of Mexico. These areas, totalling over 782 miles in
length, are subject to direct state planning and regulation
designed to control activities, on both private and public
property, which could induce or accelerate erosion of the
beaches. As part of this effort (explained more fully in
Appendix B ), state authorization is required to construct or
maintain erosion control structures along the beach or for any
construction seaward of a state established coastal construction
setback line. These areas seaward of the coastal construction
setback line are designated as specific GAPC's under the state
Coastal Management Program.

in addition to providing direct state regulation of beach-
front construction, Chapter 161, F.S. also has formal processes
for identifying erosion problem areas, restoring them for
recreation use, and providing for public access. Under the
Coastal Management Program, areas subject to such restoration
are considered as Areas for Preservation and Restoration (APR's).

Chapter 375, F.S. (the Outdoor Recreation and Conservation
Act) empowers the state to develop and carry out a state com-
prehensive outdoor recreation plan. This plan provides the
focus for the state's interest in recreational opportunities
for beach and other coastal areas. Using the plan the state
attempts to meet identified shorefront access needs through
several recreational and environmental resource acquisition
and development programs (see Appendix B).

In the forefront of these programs are the Environmentally
Endangered and Outdoor Recreation Land Acquisition bond pro-
grams. These bond programs, totalling $240 million, have been
utilized in part to obtain prime shorefront areas for public
use. In addition, the state administers a statewide system of
parks and recreational areas, many of which are designed to
provide for public use and enjoyment of shorefront areas.

The state also participates in several federal funding
programs, such as those provided by the Department of Interior
(Land and Water Conservation Fund), Department of Transportation,
and the Department of Housing and Urban Development to facili-
tate state and local programs for providing public access to
the shorefront.

The Coastal Management Program also recognizes the intense
competition for access to and use of the shorefront, and the
unique features, benefits and potential which it provides.
Designation of the area extending from the shoreline inland
100 feet as a special GAPC provides a process for addressing
these needs and considerations and a framework for deciding
future use and allocation of the shorefront. In developing
comprehensive plans, local governments electing to participate
in the FCMP should consider the following special features or
needs of the shorefront area:

1) Coastal shorefront development should be designed
to maintain the integrity of coastal waters and
estuaries. The vegetative fringe should be
maintained in all coastal shorefronts adjacent to
vital areas.

2) The maintenance and enhancement of historic, unique,
and scenic waterfront uses should be encouraged in
urban areas, allowing for non-water dependent uses
in keeping with such communities.

3) Because of the intense competition for access to
the shorefront, the following priorities should be
considered in developing plans for shorefront areas
(in descending order of priority):

a) Water dependent uses;

b) Water related or enhanced uses;

c) Historic, unique and scenic waterfront
communities in urban areas;

d) Non-dependent and non-related uses which
retain flexibility of future use and do not
prematurely or inalterably commit coastal
resources and landscape features to more
intensive uses; and

e) Non-dependent and non-related uses in urban
areas compatible with existing or committed
uses.

Areas for Preservation and Restoration

Areas for preservation and restoration (APR's) have been
distinguished as one of these special categories of GAPC's.
Nominations for these areas will occur through a variety of
processes. The inventories, data, and biophysical analyses
developed by the program will serve as one base for identifying
areas. In general, identification of areas for preservation
or restoration will depend heavily upon comment, advice, and
analysis by the resource specialists associated with coastal
planning. Studies and evaluations by other state agencies and
universities will be a major source for indicating areas for
restoration and preservation. The efforts to restore the
water quality, biological communities, and recreational poten-
tial of North Biscayne Bay are an example of this kind of
effort.

There are a number of specific programs in Florida that
could be used to preserve or restore coastal areas. The areas
identified as major GAPC's are all examples of programs pro-
viding for the preservation of coastal resources. The state
will be relying in part on existing state restoration programs,
to implement the provisions for restoration. Activities and
products developed by local government and regional planning
councils during program implementation will also provide a
basis for identifying areas for restoration and preservation.

Existing programs addressing restoration needs, and which
will identify specific areas for restoration include:

- Beach nourishment projects authorized by the
Beach and Shore Preservation Act of 1970
(Chapter 161, F.S.).

- Water areas identified for restoration by the
Pollution Recovery Trust Fund administered by
DER (Chapter 403, F.S.). These include areas
adversely affected by specific pollution
incidents.

- Areas identified for restoration by the Water
Restoration and Preservation Trust Fund, also
administered by DER (Chapter 403, F.S.).
Criteria for identifying these areas have not
been fully developed, but will include consid-
eration of degradation, public use, and ecological
value. Feasibility studies have initially identi-
fied three potential sites under this program:
Bayou Chico and Bayou Texar in Escambia County;
and Big Hickory Pass in Lee County.

As indicated by these programs, areas can be designated
for restoration for different purposes. The objects and manage-
ment techniques will differ, reflecting the different purposes

and procedures inherent in each program. Beach areas designated
as an area for restoration as a result of the Beach and Shore
Preservation Act would be so designated to renourish or re-
vegetate the beach or beach areas, thereby restoring the sandy
areas lost by erosion. Waters identified under the Water
Restoration and Preservation Trust Fund would be designated and
manaued to restore water quality or living resources. Specific
procedures would be designated and developed for each individual
site and set of conditions.

It is clearly not the intention of the restoration efforts
to restore developed areas - for example, homesites or build-
ings on filled wetland or former bay bottoms - to natural con-
ditions. The restoration efforts will largely be focused on
restoring undeveloped but damaged or lost resources to more
natural condition, compatible with existing uses. Opportunities
also exist, however, for restoring cultural resources, such as
historic districts or urban waterfront areas, where rehabilitation
or reconstruction of the community could enhance the historic,
scenic, or cultural values, use and traditions. Such opportun-
ities are best identified during the development of the local
government comprehensive plan. Although established programs
do not now exist for providing funding and reconstruction,
placing these projects in the context of a comprehensive land-
use plan should result in greater funding potential.

Local Areas of Particular Concern

Another category of potential GAPC's are sites identified
during the local government planning process as requiring
special management considerations. In support of the state's
program of designating GAPC's of state concern, the Bureau
contracted with state regional planning councils to identify
GAPC's of local and regional significance in a fashion con-
sistent with federal MIHA guidelines. A major result of this
effort is that a process was established whereby potential
GAPC's were or could be identified for future action by
appropriate authorities during the development of local plans.
A number of natural and man-made coastal resources were identi-
fied as potential GAPC's in order to determine if they are
being adequately managed to protect their conservation, rec-
reational, ecological, development and aesthetic values. As a
continuing effort in this approach, the state will utilize
established and potential local GAPC's as an important link
between the FCMP and the implementation of the LGCPA require-
ments. Local GAPC's would primarily be of local or regional
concern and the management of these areas would be incorporated
in the adopted LGCPA elements. However, upon review of the
local comprehensive plan and acknowledgement by DER that the
plan was consistent with the FCMP, the local GAPC's would
receive state recognition and state activities would also be
consistent with the objectives of the local GAPC designation.

Additional Areas of Particular Concern

Finally, durinq the development and review of the FCMP,
several other specific categories of resources or areas were
recognized as needing some special management recognition
and consideration. Additional areas of particular concern
are listed below with a brief explanation of selected state
concern within each listed area. The FCMP would require that
in the design and implementation of other state, regional,
and local plans these selected concerns and management needs
would be considered.

I. Areas where development and facilities are dependent
upon the utilization of, or access to, coastal waters:

A. Ports

The primary ports in Florida operate in an envi-
ronment that is unique in Florida. With few excep-
tions, Florida primary ports are:

1) entities of local government as provided by
Chapter 315, F.S.;

2) governmental bodies that operate within the
private market �system;

3) comparatively numerous and often directly
competitive with one another;

4) local entities which collectively serve an
international mission;

5) facilities which require appreciable federal
expenditures for the maintenance of channels
and harbors; and

6) facilities in the national interest.

Because of their coastal, water-dependent nature
and because of their mission linking local markets
with international commerce, Florida's ports will be
designated as geographic areas of particular concern
after they have developed long-term development and
management plans which are acknowledged by DER as
consistent with the FCMP. This designation will re-
quire that the port lands and needs be recognized and
protected in local government comprehensive plans and
state agency actions.

Designation as a GAPC does not imply automatic
permitting, unlimited development or continuous
deepening of entrance channels and harbors. Rather,
the GAPC designation implies that a port's policy

board has confronted economic development and
environmental issues affecting port development
and operations, and has addressed them in a
manner which provides for efficient port develop-
ment and operation while minimizing adverse social
and environmental impacts. Furthermore, desig-
nation as a GAPC indicates that the local govern-
ment and the FCMP generally concur with the planned
strategy for port growth including implementation
of mitigating measures for environmental and
social impacts. In the long term, a GAPC should
expedite the permitting process for ports and
result in an overall increase in governmental
efficiency regarding port decision-making. It
should also protect port lands from non-compatible
uses in plans, actions arid programs of all lands of
government.

B.Power Plant Sites

The limited availability of inland fresh water
and the sensitivity of coastal ecosystems in Florida
present severe problems for the siting of electrical
generating facilities. These Dower plants require
large amounts of cooling water, the use of which
may cause substantial impacts on natural systems
and socio-economic conditions of the surrounding
areas.

To focus attention on these problems, electrical
power plant sites which are identified in Ten-Year
Sites Plans as "preferred sites", will be designated
geographic areas of particular concern (GAPC).
Within the rules promugated by the Division of State
Planning, the following definition has been made:

Preferred Sites are sites on which a utility
intends to construct a power plant, provided
certification is obtained. These sites shall
be fully disclosed in the ten-year site plan
as soon as all parcels of land making up the
site have either been purchased by, or are
under option to, the utility or are the sub-
jec of condemnation proceedings, or as soon
as the decision has been made to site a plant
offshore.

Designation as a GAPC reflects the state's concern
in providing for the development of electrical gener-
ating facilities and in minimizing adverse impacts
associated with such development.

The designation of "preferred power plant sites"f
as GAPC's would implement specific siting requirements
of the Florida Electrical Power Plant Siting Act and

provide some standing to the ten-year site plan
requirements. It would not provide automatic
permitting. Rather it ensures that all possible
impacts and potential problems at the identified
site have been considered. It also ensures that
the preferred site management strategy has
attempted to mitigate any undesirable consequences.
Finally, it will ensure that state and local
government actions do not result in committing
these preferred sites to other uses.

I.Areas of significant natural, recreational, scientific,
or historical value:

A. Barrier Islands and Beaches

Barrier islands and barrier beaches are low,
usually narrow sandy strips of land that parallel
the mainland. They are valuable, fragile and
dynamic ecosystems which strongly resist attempts
to stabilize them or hold them in place, and
therefore possess special hazards to use and
development. Barrier islands and barrier beaches
form the first line of defense for the mainland
area against coastal hazards, especially hurri-
canes and shoreline erosion. Their value and
benefits are being compromised by development,
some of which is facilitated by government
subsidies or public work projects.

To ensure that this important resource is
wisely managed, the following considerations are
listed as a guide for the preparation and imple-
mentation of state programs and regional and
local comprehensive plans in order to provide
consistency with the FCMP.

1) Plan for and locate all future development
on barrier islands and barrier beaches in a
manner consistent with natural processes
and constraints.

2) Plan for and implement restoration and
stabilization of eroding shorelines on
developed barrier islands in a manner that
does not induce erosion in adjacent areas.

3) Ensure, through appropriate land use controls,
that development in the hurricane flood zone
does not jeopardize human life and welfare.

4) Encourage retention of natural vegetation to
aid in protecting water quality and aesthetic
values, and to stabilize soils and dunes.

5) Minimize dredge and fill activities on
barrier islands and beaches and ensure that
necessary dredge and fill activities have
the least possible adverse environmental,
social and economic impacts.

6) Recognize the changing nature of barrier
island systems and the consequences of
disturbing or destroying dune vegetation
and soil cover or erosion.

7) Ensure maximum retention of recreational
values of barrier islands and beaches,
particularly the provision of public access.

8) Recognize the important impact on develop-
ment, and particularly on development in4
hazardous areas, which federal and state
subsidies, including direct construction
projects, often have on barrier islands.

9) Protect the fragile potable water resources
and the limited waste absorption capacity
of barrier islands.

10) Recognize the cost of providing services to
barrier islands, which because of their
size and location often dep~end on services
from the mainland.

11) Plan and provide for priorities of use for
both privately and publically owned barrier
islands and beaches. From highest to
lowest these priorities of use should be:

a) Undeveloped barrier islands and beaches
should be kept in a natural state with
natural processes acting on them to
maintain their all-important function
of storm protection for mainland areas,
and to avoid the high hazards and costs
associated with their use.

b) To provide recreational activities, in-
cluding the provision of public access,
which requires minimal alterations to
the landscape and construction projects
(low-intensity recreation).

c) To provide minimal support services for
recreational activities:

Marked swimming areas
Picnicking areas - tables, grills
Marked fishing areas
Nature trails
Campsites - primitive
Boat ramps
Over-dune (elevated) walkways
Parking lots, refuse and restroom
facilities set well behind dune
line

d) Jurisdictions with responsibilities for
developed barrier islands should provide
for necessary water-dependent activities
including recreation, consistent with
the overall limitations'of the resources.
These activities may include but are not
limited to:

Fish and wildlife production
Water dependent recreation
Marians
Navigation
Ports and water-dependent industry

L ~~~~~e) Water related and non-dependent, non-water
related uses may be appropriate on developed
barrier islands, but should be planned and
restricted to avoid creating public hazards
and liabilities. When determining whether
such uses are compatible with the resource
limitations, problems, and hazards, the
amount of alteration of the landscape,
physical size, needed support services,
hazards, and the amount of resources the
activity will utilize (especially potable
water) should be considered.

B. Unique Environmental Features

The FCMP-recognizes that other unique environ-
mental features will require special management and
consideration in the development of state, regional,
and local comprehensive plans. These areas would
be natural or unusual features occupying a compar-
atively small geographic area, characteristic of
a coastal region. Examples range from such diverse
features as coral reefs (and "man-made" reefs) to
unusual sinkholes, caves, and pristine rivers and
springs. Several unique environmental features
were identified in the Regional Atlases (1975).
Others may be identified during the development of
local government comprehensive plans.

In these areas, uses of the highest priority
will be non-intensive uses that are water dependent
and which maintain natural functions. Use of the
lowest priority would include those non-water
dependent, non-water enhanced activities which
would resulte in an irretrievable alteration or
loss of the unique resources.

C. Critical Habitat for Endangered Species

The coast of Florida includes some unique fish
and wildlife habitat areas which will require
special management considerations. These areas
include critical habitats designated pursuant to
the Federal Endangered Species Act for the following
endangered Florida species: 1) Florida Manatee,
2) American Crocodile, 3) Florida Everglades Kite,
4) Dusky Seaside Sparrow, and 5) the Cape Sable
Sparrow. These areas which are identified in
Plate 2, are provided some protection as a result
of the federal Act.

The majority of the federally designated
critical habitat areas for these species are on
lands and in waters within the coastal zone as
defined by the FCMP. As such, the FCMP offers
some protection through the vital areas category,
but the majority of the designated areas are
within the conservation areas. Other state and
federal management programs, such as aquatic
preserves; parks and recreation areas; and wild-
life refuges also provide some measure of pro-
tection for endangered species. However, the
importance of these critical habitat areas should
be recognized in the development of local compre-
hensive plans.

D. Historical and Archeological Sites

Areas of historical, archeological, and cultural
significance have been identified and mapped by
section and depicted in the Regional Atlases4
(1975). This material reflects information
supplied by the Florida Division of Archives and
History of the Department of State. The signif-
icance of these sites should be recognized in
regional and local plans. The National Register
"Criteria for Evaluation" in assessing areas of
historical or cultural valu~e should be used as a
guide. In designated areas, use of highest
priority would be those uses that preserve
historic and cultural values.

44 .4

ENERGY FACILITY SITING

The CZMA was amended by Congress in 1976, to require,
among other things, that coastal states develop planning pro-
cesses than can anticipate and manage the impacts from energy
facilities located in, or which may significantly affect, the
coastal zone. As defined in the CZMA the term "energy facili-
ties" is very broad and encompasses nearly every conceivable
energy activity. Energy facilities mean any equipment or
facility which is or will be used primarily:

A) in the exploration for, or the development, pro-
duction, conversion, storage, transfer, processing,
or transportation of, any energy resource; or

B) for the manufacture, production or assembly of
equipment, machinery, products or devices which
k ~~~~are involved in any activity described in sub-
paragraph (A) (Section 304(5)).

The planning process for energy facility siting must address
present and future facilities located in or significantly
affecting the coastal zone. Energy facilities which may signi-
ficantly affect the coastal zone must be identified to ensure
adequate consideration of these facilities as land or water
uses subject to the management program.

Table V lists those energy facilities, which are now or
are likely to locate in or significantly affect Florida's
coastal zone, and which are therefore considered subject to
the management program. Table V also lists the corresponding
means to manage the siting and related impacts resulting from
each facility.

During program implementation, other energy facilities
including geothermal, wind power and other alternative power
generating facilities will be considered for possible classifi-
cation as uses subject to management. Such determination would
be made following further studies and analyses. At the present,
however, these are not anticipated for Florida, and therefore
are not subject to the coastal program.

As can been seen from Table V, Chapter 403, F.S., is
relied upon heavily as the means for achieving the intent of
the FCMP's energy facility siting policies. Under Chapter 403,
a procedure for assessing the sutiability of sites for
electrical power plants has been established and operating in
Florida for the purpose of certifying:

any steam or solar electrical generating facility using
any process or fuel, including nuclear materials, and
shall include associated facilities and those directly

TABLE V

ENERGY FACILITIES SUBJECT TO THE
MANAGEMENT PROGRAM

AUTHORITIES TO MANAGE
FACILITY ENERGY FACILITY SITING

1. Fossil fuel, nuclear powered, and Chapter 403, F.S.
hydroelectric generating plants

2. Resource recovery electric Chapter 403, F.S.
generating plants

3. Solar energy electric generating Chapter 403, F.S.
plants

4. Electric transmission lines Chapter 403, F.S. (for
linking new plants to
existing transmission
networks on right of way)

Chapter 380, F.S. (if
greater than 230 K.V. and
crosses a county line)

5. Petroleum storage and tank farm Chapter 380, F.S. (if
greater than 50,000
barrels and within one
mile of navigable waters;
if greater than 200,000
barrels elsewhere)

6. Nuclear fuel processing plants Chapter 290, F.S.
Federal Consistency

7. Deepwater ports Chapter 253, F.S. (for
~~~~o ~associated coastal dredging)
Federal Consistency

8. LPG or LNG related facilities Chapter 527, F.S.
Federal Consistency

9. Refineries Chapter 380, F.S. (for
associated storage facili-
ties only)

10. Oil and gas exploration and Chapter 377, F.S. (landside
production state waters) Chapter 253,
F.S. (for state lands only)
Federal Consistency

11. Onshore support facilities OCS Order #15
for offshore exploration, Federal Consistency
development and production Amendment proposed to
Chapter 380, F.S.

12. Pipelines (energy) Chapters 253 and 403,
F.S.; Federal Consistency

13. Terminal facilities (including Chapter 253 and 403,
transfer facilities) F.S.; Federal Consistency

14. Other water dependent, energy Chapters 253 and 403,
related facilities F.S.; Federal Consistency

15. Ocean thermal energy Chapter 253 and 403, F.S.
conversion facilities (for associated coastal
dredging); Federal
Consistency

associated transmission lines required to connect
the electrical power plant to an existing transmission
network or right of way to which the applicant intends
to connect. (Chapter 403, F.S.)

Other statutes, including Chapter 253 for dredge and fill
activities, and Chapter 377 for oil and gas regulation, as
well as the federal consistency provisions of the CZMA will
be employed to satisfy the federal requirements for a proce-
dure to assess the suitability of potential sites for those
facilities not specifically addressed above.

Existing state statutes as well as the FCMP itself express
state policies relative to energy facility siting. These
include:

Chapter 403.502:

As a section of the Power Plant Siting Act, this
provision gives specific guidance for the safe
and environmentally acceptable siting and operation
of electrical generating facilities.

Chapter 377.702:

This section of the Florida Statutes expresses
the state's general policy to promote energy con-
servation, to include consideration of state and
local planning on energy demand and conservation,
to encourage the use of alternative energy re-
sources, and to consider all impacts associated
with energy activities.j

Chapter 23:

The proposed State Comprehensive Plan includes two
elements - the Energy and the Utility Elements -
which establish general state policy and guidelines
for energy activities and siting in the coastal
zone. Both of these elements address activities
required under the federal regulations.

FCMP Policies:

Policy #1 - Resource Protection, Preservation,
Development and Restoration; and Policy #8 - Energy
Facilities; provide specific standards and guidance
for the siting and management of energjy facilities
in the coastal zone.

Should new energy-related policies be developed or the above
policies amended, they shall be considered for possible inte-
gration into the FCMP energy facility siting process.

Finally, the mechanisms for coordination and cooperation
relative to energy facility siting will be developed during
the fourth year development grant. The means for state
agency coordination, in large part, will be based on the Ten-
Year Power Plant Planning Process, Power Plant Site Certifi-
cation Program and the Coastal Energy Impact Program (Section
308 of the CMIA). The actual mechanism will be developed in
cooperation and consultation with the Florida Energy Office
and the Division of State Planning, which share responsibility
for energy facility planning and management, and with DER's
Power Plant Site Certification Program. The mechanism for
coordination between the FCMP and those federal agencies
associated with energy facility siting will be based on federal
consistency reviews and will be refined subsequent to further
federal coordination.

I V. POLICIES FOR MIANAGEMENT OF

COASTAL RESOURCES AND ACTIVITIES

Effective management of coastal resources and their uses
k ~~requires policies relating to those resources be clearly
and concisely articulated. These policies, guidelines, and
subsequent administrative rules must be clearly related to
management objectives. By protecting vital coastal resources,
by encouraging economic development consistent with resource
capabilities, and by providing for intergovernmental coordi-
nation and cooperation, Florida's CMP will guide long-term
resource and growth management for the coastal areas.

Because of the comprehensive and complex nature of coastal
resource management, the program's policy statements are cate-
gorized into the three main elements of the program: resource
protection and restoration, economic development, and govern-
mental process and institutional coordination. This categori-
zation essentially parallels the U.S. Congress' declaration
L ~~of policy on coastal zone management which states, in part:

L ~~~The Congress finds and declares that it is the
national policy'(a) to preserve, protect, develop,
and where possible, to restore or enhance, the
resources of the Nation's coastal zone for this
and succeeding generations, (b) ... to achieve wise
use of the land and water resources of the coastal
zone giving full consideration to ecological, cul-
tural, historic and esthetic values as well as
needs for economic development, (c) for all federal
agencies ... to cooperate and participate with
state and local governments and regional agencies in
effectuating these purposes ... (CZMA, Section 303).

By following the national policy declaration on coastal zone
management, the program's overall direction and focus become
more understandable, and its general position toward coastal
resource protection, uses to be managed and governmental roles

and institutional responsibilities is clarified. At the same
time, by paralleling federal language, the program fulfills
one of the requirements for federal approval.

Policies for Florida's Coastal Management Program are
derived from a variety of sources. Some are directions from
existing legislation. Others are generated as a result of the
coordination efforts with regional planning councils, their
citizens advisory committees, the Interagency Advisory Commit-
tee, and t.-Je State Advisory Committee on Coastal Zone Manage-
ment.

Several specific criteria and principles were recognized
during the policy development process:

1. Policies should be clearly and concisely stated
to provide for consistent interpretation by
different interests and to minimize confusion
to the extent possible.

2. Where possible, the policies should reflect a
direct applicability to the coastal landscape and
resources.

3. The policies should focus on:

a. Achieving objectives rather than simply
maintaining the status quo.

b. Improving predictability of governmental
decision-making.

C. Increasing efficiency of administrative
actions.

4. The policies should reflect recognition that coastal
management involves not only direct regulation of
certain activities but also provision of positive
government leadership and incentives to local
governments to achieve coastal management objec-
tives.

5. The policies should provide clear direction and
guidance to all levels of government and should
strive for utilization of legitimate local authori-
ties to achieve coastal management objectives. To
the greatest extent possible, direct state regula-
tion should be restricted to those activities that
are currently subject to regulatory powers.

6. The policies should be based upon factual informa-
tion regarding directly affected geographic areas
and activities.

In coordination with the Regional Planning Councils, the
CAC's, and other state agencies, over 160 policies were
initially developed. Review of these policies indicated that
while they were very specific to the resource or use they
addressed, they provided only general direction or guidance.
Many were open to broad interpretation during application.
Moreover, there was a substantial amount of duplication and
some conflict among the policies. in order to provide clearer
direction, a more commonly understood program, and to avoid
duplication, the initial draft policies were condensed and
reduced to 18 policies and guidelines. These policies were
circulated for review in the workshop draft, and further
revised to reflect comments received during that review.
During this review, the policy revision continued to be
coordinated with the RPC's, the Interagency Advisory Commit-
tee, and the State Advisory Committee.

Through legislative and executive action, the policies
will be implemented by a combination of existing state agency
regulatory, planning, and public works programs and the volun-
tary participation of local government and regional agencies.
The new policy statements provide for regional agency and
local government roles by encouraging them to develop regional
and local plans and ordinances that complement and provide
greater specificity to the state coastal management policies
and guidelines. As a result, local needs and conditions can
be appropriately recognized in the Coastal Management Program.
Additional specificity for the policies will also be found
in state administrative rules developed pursuant to legis-
lative action and direction on coastal management.

RESOURCE CATEGORIES

Florida's many coastal resources and features are of
untold value to the citizens of Florida for many different
reasons. The biophysical analyses of the coastal zone which
were developed during the planning program identify and
classify many of the major coastal resources and geographic
areas that serve to benefit the citizens of Florida. These
analyses also classify portions of the coastal landscape
according to their suitability for development and suscep-
tibility to change or alteration. Based on these analyses
and a review of the benefits which the coast provides, the
coastal zone was classified into three general7 categories of
resources: vital areas, conservation areas, and development
areas.

Vital areas include those natural resources of the
coastal zone identified as having major ecological, hydro-
logical, physiographic, historical, or socio-economic impor-
tance to the public at large. These vital areas, which are

of critical importance for this and future generations in
Florida, include:

Class I Waters are surface waters in the coastal zone
that are designated as a source of potable water
supplies pursuant to Ch. 403, F.S. and Ch. 17-3, F.A.C.

Class II Waters are coastal waters in areas which
either actually or potentially have the capability
of supporting recreation or commercial shellfish prop-
agation and harvesting, designated pur'suant to Ch. 403,
F.S. and Ch. 17-3, F.A.C.

Tidal Marshes and Tidal Mangroves are wetland areas as
defined by dominance of marine species or transitional
marine species identified pursuant to Ch. 403.817, F.S.
and implementing rule Ch. 17-4, F.A.C. They are
valuable habitat for numerous species of birds and
terrestrial animals, and also provide necessary nutri-
ents to adjacent waters and biota. They filter waters,
maintaining water quality. In addition, they serve to
absorb, store, and retard flood waters and reduce erosion
and sedimentation. Included in this category are "high"
marsh and mangrove areas generally considered as being
above the level of mean high water.

Marine Grass Beds are shallow water areas containing
submerged vegetation and include those areas defined
as marine and estuarine aquatic beds in the U.S. Fish
and Wildlife Service's Classification of Wetlands and
Deep-Water Habitat of the United States. These include
both true marine grasses and algae beds. These areas
serve as important habitats for many organisms, are an
important base of marine food chains, and perform
several important functions related to water quality,
including reducing siltation and turbidity in the water.

Estuarine Intertidal Areas are those areas in the
intertidal zone in estuaries and bays. These areas,
which are regularly flooded and exposed by tidal waters
are extremely productive and of great importance as
feeding grounds for shore and wading birds and marine
life. They also serve to absorb wave forces, provide
access to coastal waters, and provide opportunities for
recreation.

Gulf and Atlantic Beaches and Associated Active Dune
Systems are all beaches and active dune systems front-
ing on the open Gulf of Mexico or the Atlantic Ocean
including barrier beaches and barrier islands. The 4
landward extent of these areas is defined by the Coastal
Construction Setback Line as identified and established
pursuant to Ch. 161, F.S. In addition to being very

important recreational resources, Gulf and Atlantic
Beaches and Associated Dune Systems constitute natural
shoreline protection features. Left in a dynamic
state, they serve as important barriers to storm waves.

State Wilderness Areas are undisturbed or natural state-
owned lands which have been set aside under Ch. 258,
F.S., for preservation in essentially their natural con-
dition as part of the State Wilderness System.

Coastal Freshwater Marshes and Swamps are areas contig-
uous to or having continual connection by surface
waters to tidal waters, tidal marshes, or tidal man-
groves, and which have a high freshwater table and
support water-tolerant vegetation as defined by a domi-
nance of freshwater species or transitional freshwater
species identified pursuant to Ch. 403, F.S. and Ch. 17-4,
F.A.C. They also include areas defined as broad-leaved
deciduous forested wetlands in the U.S. Fish and Wild-
life Service's Classification of Wetlands and Deep-Water
Habitats of the United States. They are of direct sub-
stantial ecological importance and also serve to 'store
and gradually release fresh water into tidal waters,
thereby maintaining the salinity balance. They provide
nutrients to coastal waters, maintain water quality,
and may also function as aquifer recharge areas. By
maintaining a high hydrostatic head, they also provide
a barrier to saltwater intrusion.

Coral Reefs are subtidal ridge or mound-like structures
formed by the colonization and growth of corals and
associated organisms. They are characterized by their
elevation above the surrounding substrate. Florida's
coral reefs are unique features in the United States
of great biological diversity, productivity, and
importance. They are also an important tourist and
recreational attraction, and serve to buffer storm
waves.

These vital areas are resources of statewide significance.
All of these areas provide substantial benefits to the state
and the public (Table VI). Moreover, with the exception of
parts of Wilderness Areas, all are within the lowest and most
vulnerable portions of the floodplain. Vital areas cannot be
developed without so altering the resource that the benefits
are lost or significantly diminished.

All of the vital resources and areas are already subject
to state regulatory programs. Many of them are also state-
owned lands. Most of the vital areas - including Class I and
II Waters, tidal marshes and mangroves, marine grass beds,
coral reefs, and coastal freshwater marshes and swamps - are

TABLE VI

THE IMPORTANCE OF VITAL AREAS IN
PRODUCING AND MAINTAINING COASTAL BENEFITS

VITAL AREAS

um <

S:: EL1 TED mC
E- 1 1 U) C)

FRESH-WAT E R R ERG X
HH C/) Z IC K

MAINTAIN WATER QUALITY X X X x
CI) H X U XHC U X X
X X X X X )Z H O 0
STORM PROTECTION H AND FLOOD CONTROL
SELECTED COASTAL BENEFITS

FRESH-WATER RECHARGE X X

MAINTAIN WATER QUALITY X X X X

BIOLOGICAL PRODUCTIVITY X X X X X X X

RECREATION/OPEN SPACE X X X X X X X

STORM PROTECTION AND FLOOD CONTROL X X X X X

CLIMATE CONTROL X X X X X

COMMERCE AND ECONOMIC DEVELOPMENT X X X X X X X

EDUCATION AND RESEARCH X X X X X X X

HARBORS OF REFUGE X X X

"X" denotes that the vital area resource plays a significant role in providing the benefit
(see Chapter II for a brief discussion of coastal benefits)

considered as waters of the state, which also include some
areas not classified as vital. As such they are subject to
Ch. 403 and 373, F.S. Chapter 403 primarily addresses water
quality, and requires a permit for the operation, maintenance,
constructionexpansion or modification of any stationary
installation which will reasonably be expected to be a source
of water pollution. Chapter 373 is a broad author~ity which
establishes the regulation and management of use of water
resources, establishes Water Management Districts, and also
requires a State Water Use Plan.

Many of the waters, including some wetland areas, are
also subject to Ch. 253, F.S., which regulates dredging and
filling activities. Chapter 253 explicitly recognizes the
importance of many of the vital areas, such as marine grass
beds "suitable as nursery or feeding grounds" as factors
relevant in consideration of the public interest.

Shellfish waters (included in Class II Waters) are also
monitored and regulated by DER, DNR, the Department of Health
and Rehabilitative Services, and County Health Units. Class II
Waters (as well as Class III Waters) may be a part of the
state Aquatic Preserve System; uses in Aquatic Preserves are
subject to regulation by Ch. 258, F.S.

In addition to waters of the state, the beach and dune
areas considered as vital areas are all subject to state
regulation through Ch. 161, F.S. Construction seaward of the
Coastal Construction Setback Line (the limit of the vital
area) must receive a permit from the Bureau of Beaches and
Shores in DNR. As indicated, state wilderness areas are all
state-owned and managed under Ch. 258, F.S.

Finally, in addition to state regulation, the vital areas
are also subject to a variety of federal regulations. Activ-
ities involving dredging, filling, or waste discharge in the
waters and wetland areas (including the coastal and fresh-
water marshes, swamps and forests) require permits by the U.S.
Army Corps of Engineers. Because most of the vital areas are
within the 100-year floodplain, development there is also
subject to regulation by the Federal Insurance Adminis-
tration. Most of the beach and dune areas are within the
high velocity zone for storm surge (the "VI' zone) defined
by the FIA.

Because of the benefits which they provide, and the
hazardous conditions they pose, development in vital areas
results in substantial costs to the public.

Protecting and preserving the natural integrity of these
vital areas enhances the aesthetics and quality of life for
residents and tourists; provides a measure of natural hurricane

and flood protection and avoids creating development in
hazardous areas; helps maintain ecological balance; promotes
maintenance of our invaluable commercial and sport fisheries
and economically important recreational opportunities.
Public policy should be to manage vital areas to preserve
the natural resources in recognition of dynamic natural,
geological, and evolutionary processes, and to maintain the
benefits which these areas provide. Vital areas should be
managed to ensure the protection of continued biological
productivity, fish and wildlife habitat, recreation oppor-
tunities, and public health, safety, and welfare. The general
location and size of vital areas are illustrated in Plate III.

Conservation areas include those areas of the coastal
zone which have moderate resource benefits; or which have
substantial benefits that are less susceptible to adverse
effects from alterations or use than are vital areas; or the
use of which poses significant'hazard to life and property.
Because of their resource values or the hazards they may pose,
conservation areas require special precautions prior to
alteration or development. Failure to consider these limi-
tations may result in direct or indirect consequences harmful
to the public health, safety, and welfare. Proper precautions
could entail extensive design and construction criteria to
protect the development from unsuitable landscape conditions.
The appropriate place to address the necessary precautions
is generally in local government planning, zoning, and
building codes.

Conservation areas include the following, unless other-
wise designated as a vital area:

Class III Waters are generally recreational waters
as classified pursuant to Ch. 403, F.S. and Ch. 17-3,
F.A.C. They include all coastal waters not otherwise
specifically designated. Included are bays, rivers,
lakes, estuaries, and open waters of the territorial
sea. The primary requirement for these waters is
that they be maintained at a quality sufficient to
allow body contact water sports and propagation of
fish and wildlife.

Spoil Islands are artificial islands created with
dredged material, resulting from disposal of material
created, resulting from, or as waste product of
creating, maintaining, or deepening channels, harbors,
ports, or other such projects. They provide impor-
tant recreational and habitat values. Their manage-
ment is also important because of the adverse impacts
some activities can have on water quality and sedimen-
tation. They are state owned and are under the
jurisdiction of Ch. 253 and 372, F.S.

Coastal and Riverine Floodplains are the lands, other
than vital areas, covered by the largest flood which
has a one percent chance of occurring in any one year;
that is, the area subject to flooding at a statistical
probability of at least once every 100 years as a result
of higher than normal rainfall, streamf low, high tides,
high winds, natural stream blockages, or tsunamis.
The coastal and riverine floodplains are, or will be,
defined by the FIA in flood disaster prevention maps.
Floodplains are inherently hazardous to life and
property. They are also particularly susceptible to
man-induced sedimentation and erosion. Of particular
importance in coastal floodplains is the severe wave
action which accompanies hurricane-driven tides.

Interior Freshwater Marshes and Swamps are areas which
have a high water table and which support a dominance
of freshwater or transitional freshwater species listed
in Ch. 403, F.S. and Ch. 17-4, F.A.C., but which are
seldom or only intermittantly connected by surface
water to coastal waters. That is, they are inland wet-
lands not continuously connected to coastal waters.
Like coastal freshwater marshes and swamps, they are
important wildlife habitat; they may serve as aquifer
recharge areas, although they may be "perched" wetlands.
Because they are only connected intermittantly, they
lack the functions of maintaining the salinity balance
in estuarine waters and of providing significant
nutrients to coastal biota.

Forestry and Wildlife Management Areas are areas estab-
lished by law as state or national forests or identified
under Ch. 372, F.S. by the Florida Game and Fresh Water
Fish Commission as part of the state wildlife management
area program. They include public lands and privately-
owned lands managed through agreements with private
landowners, with special values for forestry or for
managing wildlife.

Parks and Recreation Areas are areas devoted to outdoor
recreational activities of various types. They include
state, county and municipal parks and historical and
archaeological sites. Also included are privately-
owned lands dedicated to recreational use under Ch. 193,
F.S., or leased or with acquired easements for recre-
ational purposes under Ch. 375 and 418, F.S.

As with vital areas, most of the conservation areas are
publicly owned lands or lands with some state regulatory
control. The primary category of lands not directly owned
are the upland portions of the Coastal and Riverine Flood-
plains. These areas pose potentially hazardous conditions.

Development in conservation areas, especially floodplain
areas, is usually very expensive, both initially and in terms
of continuing maintenance costs. Moreover, development in
these areas also results in costs to and subsidies by the
public.

Finally, many of the privately-owned conservation areas
are not subject to strong pressures for dense development.
They are frequently used for recreational, open space, forestry
and agricultural purposes. If properly planned (so as to
avoid excessive erosion, runoff, water pollution and adverse
impacts on wildlife, for example), these kinds of uses are
most appropriate. However, many privately-owned conservation
lands are currently being encouraged toward intense develop-
ment by tax practices based on revenue-producing potential
rather than best use of the land.

The primary objective in managing conservation areas
should be to recognize and address during planning and permit
reviews the special values, importance, and hazards associated
with these areas. This is a mixture of state and local govern-
ment responsibilities.

Development areas form the third category of resources.
They are an extremely broad group which includes all those
areas of the coastal zone other than vital and conservation
areas. They include (1) areas already developed, (2) un-
developed areas now vacant or used for other purposes, includ-
ing forestry and agriculture, which are intrinsically suitable
for intensive development, (3) undeveloped lands having
physical limitations - drainage problems, poor permeability,
bearing strength problems - which can be corrected by drain-
age techniques, central sewage systems or application of
special building techniques, and (4) prime agricultural lands.
The differences in the suitability for development - and the
kinds of development - would affect the costs of providing
and maintaining facilities and services. The differences in
terms of access to and impact on public services and facili-
ties, including transportation and utilities, also affect the
suitability for development. In general, development areas
are not considered to be environmentally fragile; however, J
the air, water, and biological resources may also affect the
suitability for development of these areas.

Development areas include:

Class IV Waters are surface water designated under
Ch. 403, F.S. and Ch. 17-3, F.A.C. for use as agri-
cultural and industrial water supply. Because their
primary use is for irrigation, stock watering or
industrial purposes, these waters are vulnerable to
contamination from excessive nutrients, pesticides

or industrial wastes. For this reason, maintenance
of ecological balance in these waters is very
difficult; but unless reasonable water quality is
maintained in Class IV waters, there is a potential
for inflicting severe ecological damage on adjacent
water bodies.

Class V Waters are surface waters designated under
Ch. 403, F.S. and 17-3, F.A.C. for navigation,
utility and industrial use. Standards for these
waters are the lowest of any applied to surface
waters in Florida. These waters will possibly be
reclassified as corrective measures are taken and
water quality improves.

Undeveloped Lands Suitable for intensive Development
are lands needing little or no modification to make
them suitable for development. Such areas have
elevations, soils, topography, and other physical
conditions favorable "'for development if appropriate
environmental safeguards are utilized. Controls on
distribution, density and design of development
within such areas are almost entirely the responsi-
bility of local government, with possible technical
assistance from the state and federal government
upon request.

Undeveloped Lands Suitable for Development if
Limitations are Corrected are areas having minor or
major physical limitations but suitable for intensive
development with modifications such as improvement
of drainage and installation of central sewage
facilities. The modifications necessary to overcome
limitations such as soils having low permeability,
high water table, or low-bearing strength, may entail
high initial and maintenance costs.

Presently Developed Lands are urban, suburban, and
rural areas which have already been developed. Prior
to development these areas in their original state
may have fallen into the vital or conservation area
categories.

Prime Agricultural Lands. The term "prime agricul-
tural lands" is based upon natural soil conditions
delineated in the Florida General Soils Atlas as
having limitations for urban development but having
an overall high soils rating for: 1) citrus, or
2) both truck crops and pasture.

Prime Agricultural Lands with Other Potential
Suitabilities are areas having soil conditions which
meet the criteria for "prime agricultural lands",
such as high ratings for 1) citrus or 2) both truck
crops and pasture, but having few, if any, physical
limitations for urban development. These areas may
or may not be already in agricultural use.

Unlike vital and conservation areas, only a small portion
of the development areas is publicly owned. Class IV and V
Waters are still under the jurisdiction of the state, and
there is state control over some aspects of development, such
as the use of septic tanks, drainage projects, and the con-
sumption of potable water. Developments large enough to
qualify as developments of regional impact may be subject to
state review under Ch. 380, F.S. In general, however, the
planning and approval of different kinds of uses or activities
in development areas are controlled by local government author-
ities, such as zoning, comprehensive plans, and building
codes.

The general location and extent of many of these re-
sources and areas have been identified and mapped for the old
coastal planning area in the series of nine regional coastal
zone management atlases compiled in 1975 by the Bureau of
Coastal Zone Planning with assistance from the regional plan-
ning councils. These atlases help to identify potential
problems and limitations, as well as sites with intrinsic
suitability for development. However, they are only general
approximations of many resource areas, and are not provided
at a scale sufficient for the application of management
practices on the ground. Table VII presents an estimate of
the amounts of land and water in each of the three resource
categories, based on the general data collected in the
regional atlases.

Additional investigation of these areas and further
refinement of the overall biophysical atlases by local plan-I
ning agencies, with technical assistance from the state,
would be necessary for implementation of the coastal manage-
ment program. In this manner, the severity of limitations
to developments could be identified on a specific basis, and
local planning capabilities could greatly enhance the Florida
Coastal Management Program.

. * 7 * _ 7 ,J7 TW- Ad - *T - _ - T I r I . . w * -7 _ V -

TABLE VII

ESTIMATED AMOUNTS OF LANDS AND WATERS IN
VITAL, CONSERVATION, AND DEVELOPMENT AREAS

LAND WATER TOTAL

Area Percent of Area Percent of Area Percent of
(Acres) Total Land (Acres) Total Water (Acres) Total Coastal Zone

VITAL AREAS 2,320,849 26% 1,812,913 25% 4,133,762 26%

CONSERVATION 2,119,264 24% 5,346,215 75% 7,465,479 47%
AREAS

DEVELOPMENT 4,426,250 50% 1,904 0+ 4,428,157 27%
AREAS

TOTAL COASTAL 8,866,363 7,161,035 16,027,398
ZONE

NOTES: (1) Areas include the area of federally-owned lands nominally within the
coastal zone. Although these will be excluded from Florida's coastal
zone, they were not deducted from these calculations. The total land
and water area of these lands is about 2.6 million acres.

(2) Areas for the water include.territorial sea waters within the coastal
zone.

The policies for Florida's Coastal Management Program
are also derived in part from the requirement of the Florida
Constitution to conserve and protect the natural resources
and scenic beauty of the state (Section 7, Art. II). They
ref lect the philosophy that sound management of the natural
resources involves the careful development of some resources,
the controlled use of others, and the preservation of the most
critical, fragile, or valuable. In this manner, the policies
serve to provide guidance on how the natural resources and
scenic beauty of the coastal zone can be conserved and pro-
tected.

Implementation of the Coastal Management Program requires
that management of the resources reflect the existing and4
potential value and vulnerability of the resources as well as
public needs and demands. The preservation of vital areas
will balance the planned development of other areas and re-
sources as well as the continued long-term benefits which the
vital areas provide.

Preservation is a concept which is already well embodied
in Florida law. Some programs provide for preservation
through acquisition or public ownership; examples of these
programs include the Environmentally Endangered Lands (Ch. 259,
F.S.) and the Wilderness Act (Ch. 258, F.S.) Programs. Others
provide for preservation through regulatory or planning
efforts. Some mandates for preservation include:

Florida Water Resources Act of 1972, which indicates
that it is the policy of the Legislature to preserve
natural resources, fish and wildlife (Ch. 373.016(2) (c),
F.S.);~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Water Resources Restoration and Preservation Act,
directing DER to establish a program to assist the
restoration and preservation of bodies of waterA
(Ch. 77-369, Laws of Florida);

The Aquatic Preserves Act (Ch. 258.36, F.S.), which
identifies certain estuarine and marine areas to be
set aside forever as aquatic preserves or sanctuaries;

The Florida Transportation Code, which indicates
that the preservation and enhancement of the environ-
ment are vital to the health and welfare of the
people of Florida (Ch. 334.02(3), F.S.);

The Saltwater Fisheries and Conservation Act, which
charges DNR to preserve, manage, and protect the
marine, crustacean, shell and anadromous fishery
resources of the state (Ch. 370.02, F.S.); and

The Local Government Comprehensive Planning Act of
1975, which requires that local governments in the
coastal zone adopt a coastal zone protection element
to their plan which includes, in part, policies for
the orderly and balanced utilization and preser-
vation, consistent with sound management principles,
of all living and non-living coastal zone resources
(Ch. 163.3177(6) (g)3, F.S.).

Several other statutes address the protection, conser-
vation and development of natural resources. Examples of a
few include:

Ch. 159, F.S., establishing industrial development
authorities empowered to encourage and promote the
location of desirable industry;

Ch. 253, F.S., concerning the use of state-owned or
submerged lands;

Ch. 288, F.S., concerning the growth and development
of the state;

Ch. 380, F.S., the Florida Environmental Land and
Water Management Act of 1972; and

Ch. 403, F.S., regarding air and water pollution.

It is the intent of the Florida Coastal Management Pro-
gram, using these and other programs, to provide for a
reasonable balance of preservation, protection and develop-
ment in the coastal zone, a balance which ref lects the
differing benefits, values, hazards, and development potential
of Florida's coastal resources.

POLICIES OF THE COASTAL MANAGEMENT PROGRAM

Based on the review and the identification of the three
categories of resources, fourteen policies were developed
for the Florida Coastal Management Program. These policies
set the common objectives, concerns, and standards for plan-
ning and conducting activities in the coastal zone. In order
for the FCMP to be implemented, these policies will have to
be adopted and enforced by legislative and executive action.

POLICY 1. RESOURCE PROTECTION, PRESERVATION, DEVELOPMENT,
AND RESTORATION

Consistent with the public and national interests, it is
the policy of Florida to conserve and protect the natural
resources and scenic beauty of Florida's coastal zone. In
furtherance of this policy, all agencies of government shall
recognize the variety of benefits and potential of Florida's
valuable resources by:

A) protecting, preserving, and where possible,
restoring vital areas;

B) providing and encouraging uses in conservation
areas which result in low impact on resources
and benefits, maintain the values of the resources,
are consistent with resource limitations, and
minimize hazards to life and property;

C) providing and encouraging development and economic
growth in development areas consistent with
resource tolerance;

D) promoting and supporting the restoration of those
resources and areas, including cultural resources,
which have been diminished or lost by past alter-
ations, activities, or catastrophic events, and
where restoration would-not be inconsistent with
established uses; and

E) developing and providing suitable fiscal develop-
ment incentives and appropriate economic adjustment
techniques to implement this program.

POLICY 2. ECONOMIC DEVELOPMENT

It is the policy of Florida to guide, stimulate, and1

promote the coordinated, efficient, and beneficial develop-1
ment of the coastal zone in accordance with present and future
needs, services, and resource limitations. State and local
government shall encourage growth in a manner consistent with
the policies of this program.

POLICY 3. RECREATION AND SHORELINE ACCESS

Consistent with state and national interests, it is the
policy of Florida to protect, foster, ensure and improve
access to and recreational opportunities in the coastal zone,
including aesthetic use and enjoyment of coastal waters and
shorefront areas, for all people consistent with private
property rights and with the limitations and suitability of
the coastal resources.

POLICY 4. RESOURCE UTILIZATION

Consistent with state and national interests, it is the
policy of Florida to maintain the long-term benefits of the
coastal zone by giving priority to the proper management and
protection of renewable resources, benefits, and uses of
coastal waters, such as production of fish and wildlife,
maintenance of water quality, navigation, recreation and
aesthetic enjoyment over the development and use of non-
renewable resources.

POLICY 5. WATER RESOURCES

Recognizing that water is the common link between all
parts of the coastal system and is a predominant factor in
the benefits which the coastal zone provides, it is the
policy of Florida that all agencies of government shall:

A) maintain and where possible upgrade water quality
and the conditions of the coastal resources;

B) provide in all cases for the most reasonable
beneficial uses of the waters;

C) maintain sufficient quantities of water flow;

D) maintain the freshwater seasonal fluctuations and
delivery schedules to estuarine waters; and

E) utilize the provisions of the Florida Coastal
Management Program as guidance for implementation
of the Florida Water Plan in the coastal zone.

POLICY 6. AIR QUALITY

It is the policy of Florida that development shall be
designed, constructed, and operated in a fashion that main-
tains or improves established ambient air standards, protects
and enhances the public health and welfare, and prevents the
significant deterioration of existing high quality air
resources.*

POLICY 7. ENERGY FACILITIES

Consistent with state and national interests, it is the
policy of Florida that energy facilities may be planned for
and sited in the coastal zone consistent with the resource
limitations defined in Policy 1, and with the need to balance
the dual concerns of the availability of fresh water for
cooling in inland areas and the impact on other uses and
resources in the coastal zone.

POLICY S. PORTS

Consistent with state and national interests and recog-.
nizing that ports are water-dependent activities, it is the
policy of Florida to:

A) provide for the operation, maintenance and neces-

sary expansion and modification of existingI
primary ports through implementation of long-
term port development plans which are consistent
with the Florida Coastal Management Program, and
by coordinating these plans with necessary permit
reviews;
B) allow for the environmentally conscious operation
of ports and related facilities through implemen-
tation of port pollution prevention regulations,
the operation of waste disposal systems, and other
methods necessary to meet water and air quality
standards; and

C) discourage the creation of new primary ports.1

POLICY 9. LAND TRANSPORTATION

Recognizing the significant impact of roadways and trans-
portation facilities on land use, growth patterns, economic
development, and environmental quality, it is the policy of
Florida that those facilities and corridors necessary to meet
the transportation needs of the state shall be planned,
designed, located, constructed and operated in a manner
consistent with the Florida Coastal management Program, with
the resource limitations as described elsewhere in these
policies, and with the need to provide safe and efficient
population exodus in cases of natural disasters and public
safety hazards.

POLICY 10. AREAS OF PARTICULAR CONCERN

It is the policy of Florida to recognize the state and
national interests associated with selected areas of partic-
ular concern. in furtherance of this policy, all levels of
government shall use their authorities to protect and maintain
areas of particular concern for the objectives for which they
were designated, to promote or provide for uses which are
compatible with the designation, and to avoid or discourage
uses which are not compatible.

POLICY 11. PROGRAM PROCESS

it is the policy of Florida to encourage full coordina-
tion with and opportunities for particpation of all affected
levels of government in the implementation of the Florida
Coastal Management Program, to coordinate planning, land-use,
and regulatory decisions and processes into an integrated
* ~~program for efficient management of coastal resources, to
provide for regular review and continuing evaluation of the
* ~~program's effectiveness, and to provide for a means to revise
and refine the program as necessary to address changing needs
and technology.

POLICY 12. INFORMATION, RESEARCH, AND INVENTORIES

It is the policy of Florida:

A) to promote and coordinate research and technical
assistance to provide an improved basis for
management of coastal resources; and

B) that state, regional and local land-use plans,
actions, projects, and activities related to or
affecting coastal resources shall be preceded by
inventories and other factual information neces-
sary to understand the impacts and relationships
of the proposed activities on coastal resources
and the benefits they provide.

POLICY 13. CITIZEN INVOLVEMENT

It is the policy of Florida that all levels of govern-
ment shall provide for and maintain effective mechanisms
for citizen and public participation as sources of public
ideas, comments and suggestions, and as a means of program
review, for projects, activities, or plans in the coastal
zone.

POLICY 14. EXCEPTIONS TO COASTAL MANAGEMENT PROGRAM
AND POLICIES

When, during the application of these policies to plans
and land-use actions, it is not practicable to apply a policy
to specific properties or situations, an exception to the
policy may be made upon a finding which includes:

A) a demonstration of public interest; and

B) an analysis and consideration of alternative
actions and locations; and

C) a determination that adverse impacts have been
minimized; and

D) a finding that the proposed use or activity will
not be incompatible with other appropriate
adjacent uses; and

E) that the proposed use is in compliance with
acknowledged local comprehensive plans unless
otherwise determined as a result of the regional
and the state decision-making roles in review-
ing Developments of Regional impact pursuant to
Ch. 380, F.S., and in power plant siting pursuant
to Ch. 403, F.S.

Factors which may be considered when evaluating a demonstra-
tion of public interest include, but are not limited to, the
public need as supported by inventories, data, and projec-
tions; public benefits; uses of regional benefit; and the
* ~~national interest.

These policies address three broad considerations:
resource use and protection, economic development, and
governmental processes. Policies 4 (Resource Utilization) ,
5 (Water Resources) and 6 (Air Quality) address general
resource concerns; policies I (Resource Protection, Preser-
vation,~ Development, and Restoration) and 10 (Areas of
Particular Concern) address specific needs for resource pro-
tection, as well as some development needs. In addition to
policies I and 10, policies 2 (Economic Development), 3 (Rec-
reation and Shoreline Access), 7 (Energy Facilities),
8 (Ports), and 9 (Land Transportation) consider needs and
standards for coastal growth and development. Finally,
policies 11 (Program Process), 12 (Information, Research, and
Inventories), 13 (Citizen Involvement) and 14 (Exceptions)
address the procedures for coordination, administration, and
implementation of Florida's Coastal Management Program.

These policies are the heart of the FCMP, and provide
the direction for the program. Procedures and authorities
exist now to implement many of the policies; others will re-
quire action by the legislative or executive branches of
government. The plans and ordinances of local government,
particularly the coastal zone protection element, and the
plans and activities of regional planning councils and water
management districts will also play a significant role in
the implementation of the program and its policies.

STANDARDS AND PROCEDURES FOR IMPLEMENTING
PROGRAM POLICIES

The general standards and procedures for implementing
each of the policies of the Florida Coastal Management Pro-
gram include:

Implementation of Policy I - Resource Protection, Preservation,2
Development and Restoration

A. Vital Areas

1) The Legislature finds that it is in the public and
national interest to manage vital areas to preserve
the natural resources in recognition of dynamic
natural, geological and evolutionary processes, and
to maintain the benefits which these areas provide.
Such areas shall be managed to ensure the protection
of continued biological productivity, fish and wild-
life habitat, recreation opportunities and public
health, safety and welfare.

The Legislature finds that pursuant but not limited
to Chapters 253, 403, and 161, F.S., activities or
uses in vital areas which reduce, adversely alter,

7 2

or destroy these benefits are contrary to the
public interest unless otherwise determined by
the application of the Exceptions Policy (#14).

2) The Department of Environmental Regulation shall
use its authorities pursuant to Chapters 253 and
403, F.S., to prohibit the following activities
in those vital areas which are waters of the state:

a) Dredging or filling, except i) to maintain
existing facilities, or ii) where the effects
of the dredge or fill activity is only of a
temporary nature and following the activity
the area is returned to its original elevation,
contours, and condition (such as might be re-
quired to lay pipelines) , or iii) as otherwise
exempted under Chapter 403.813(2), F.S., and
implementing rules, or iv) may otherwise be
necessary for public health or safety; and

b) Harvest or removal of native vegetation in
tidal mangroves and marshes except trimming
and pruning of vegetation which does not sig-
nificantly impair the habitat or productivity
values of the areas.

3) The Department of Natural Resources shall use its
authority in Chapter 161, F.S., to include as
standards for variances the following criteria:

a) Existing criteria of Chapter 161.052, including
clear and unequivocable justification based on
facts and circumstances including engineering
data; the location of the construction line in
immediate contiguous or adjacent areas; and
county or municipal setback requirements;

b) The public need for healthful, safe and
aesthetic surroundings;

c) The need to avoid adverse impacts on public
access to and recreational use of the beach
area or other public lands;

d) The need to avoid conditions resulting in
long-term or recurring costs to the public;
and

e) The need for the project or construction to
extend seaward of the setback line.

7 3

4) Water Management Districts shall use their
authorities pursuant to Chapter 373, F.S. to
prohibit in vital areas the alteration of the
water flow characteristics, including the volume
and rate of surface flow and existing seasonal
fluctuations and the drainage of or other
reduction in the capacity of the area to collect
and store water and discharge it into downstream
areas.

B. Conservation Areas

1) The Legislature finds that it is in the public and
national interest to plan for and manage uses,
activities and development in conservation areas
to give special recognition to the natural resources
and hazards to life and property inherent to these
areas. All agencies of government shall develop
plans which consider the hazards to life and
property imposed by conditions in conservation areas.

2) State agencies, and those local governments and
regional planning councils which elect to participate4
in the Coastal Management Program, shall use their
authorities to plan, permit or undertake activities
and development in coastal conservation areas to:

a) Promote and encourage appropriate uses in
coastal and riverine flood plain areas which
are consistent with limitations imposed by
hazards to life and property. Open space,
recreation, and uses which do not lead to
dense inhabitation should be encouraged.
Flood and shoreline erosion control shall be
undertaken through implementation of long-term
management plans that recognize natural flood
and coastal system dynamics, and which are
consistent with the federal flood plain manage-
ment criteria for flood prone areas.
b) Minimize and mitigate erosion from man-induced
sources;

c) Give priority to implementation of positive
siting techniques, land management mechanisms
and non-structural solutions to problems of
flood control and shoreline erosion over
structural solutions such as bulkheads, sea-
walls, groins, dikes, or canals.

d) Encourage the protection and where feasible the
restoration of coastal resources and landscape
features that serve as natural flood and hurri-
cane barriers;

e) Avoid or minimize adverse impacts on
adjacent or downstream vital areas, if any;

f) Consider the initial and long-term costs
of construction and maintenance of
facilities associated with development in
conservation areas; and

g) Develop in accordance with the planned pro-
vision of, and minimize the adverse impact
on, community facilities and services.

3) The Division of Disaster Preparedness in the
Department of Community Affairs shall utilize its
authorities under Chapter 252, F.S. to review
plans and proposals, particularly transportation
plans and local government comprehensive plans in
order to facilitate programs and opportunities for
disaster prevention, response, and recovery.

C. Development Areas

1) The Legislature finds that it is in the public and
national interest to encourage development and
growth consistent with resource tolerance and the
ability of local governments to efficiently provide
and maintain necessary services.

2) State agencies, and those local governments and
Regional Planning Councils which elect to participate
in the Coastal Management Program, shall use their
authorities to plan, permit or undertake activities
r ~~~~and development in coastal development areas to:

0 ~~~~a) Encourage development consistent with resource
tolerance and the ability of local government
to efficiently provide and maintain necessary
services;

b) Encourage through the use of incentives the
protection and maintenance of prime agricultural
lands for agricultural purposes;

c) Analyze and consider proposed development in
terms of its long-term social, economic,
environmental, energy, and agricultural
consequences;

d) Encourage the maintenance of long-term options
for future growth and development by avoiding
the irretrievable commitment of natural re-
sources and prime agricultural lands;

e) Encourage through the use of incentives the
retention and maintenance of forestry lands
for the production and harvest of wood
fibre and other forestry uses;

f) Recognize the benefits which forestry lands
provide for maintaining air and water quality,
for recreation and open space, for grazing and
as fish and wildlife habitat;

g) Maintain and enhance historic, unique, and
scenic waterfront uses and communities in
urban areas;4

h) Encourage development which adapts to, utilizes,
and complements the natural landscape, the
functioning of coastal systems, and the benefits
derived from coastal resources, especially those
in vital areas; and

i) Recognize and consider uses of regional benefit
and the national interest in siting facilities
and uses in the coastal zone.

D. Restoration

1) The Legislature finds that it is desirable for the
long-term public interest to restore many coastal
resources which by accident, catastrophe, misuse, or
negligence have been lost or of which the benefit
has been diminished. of particular significance are
areas where water quality has been decreased so as to
reduce the opportunities for shellfish harvest, rec-
reation, or potable water; where important coastal
habitat has been lost or degraded; where recreational
and aesthetic opportunities have been reduced; and
where erosion has occurred threatening life and
property.

It is not the intention of this policy to restore
developed areas which are presently utilized,
back to natural conditions. In addition, many
developed or altered areas which are not now
used are prime sites for future development, and
should not be restored. The restoration provisions
could be used to rebuild or rehabilitate decayed
urban waterfront areas, in order to restore the
scenic, cultural, economic, and historic values of
these waterfront communities.

2) State agencies, and local governments and regional
agencies electing to participate in the Coastal
Management Program, shall use opportunities in
planning, permitting, or undertaking activities in
the coastal zone to encourage and promote both active

7 6

and passive restoration of coastal resources. Par-
ticular consideration shall be given to the oppor-
tunities and potential for restoration provided by
the authorities in Chapters 161, 370.02 and 403,
F.S. and Chapter 77-369, F.L. in reviewing potential
opportunities for restoration, the following factors
shall be considered.

a) The potential benefits to be provided by the
restoration; the public costs, particularly
the long-term and maintenance costs of the
project; and the balance of public benefits
and public costs; and

b) The compatibility of the area if restored,
with existing or proposed uses in adjacent
areas.

3) When carefully planned, proper beach renourishment
and dune construction may be appropriate to mitigate
shoreline erosion and to enhance natural flood and
hurricane barriers. The Department of Natural
Resources, when planning for beach renourishment
projects pursuant to Chapter 161, F.S. should
specifically consider:

a) The cost effectiveness of the proposed project;

b) The level of investment in development to be
protected; and

c) The compatibility with natural physical pro-
cesses, including erosion and subsidence.

The potential benefits should be carefully weighed
against the immediate and long-term costs.

E. Economic Adjustment Mechanisms

1) All levels and agencies of government shall use their
authorities to promote and encourage new techniques
and means to reduce or avoid adverse impacts on
private landowners.

2) Local governments shall use their authority provided
in Chapter 193.5011(2), F.S. to include the potential
for use authorized by the policies of the Coastal
Management Program as a factor in arriving at just
valuation.

3) Local governments electing to participate in the
Coastal Management Program shall use theirs authorities
under home rule to consider:

a) Implementing innovative planning and zoning
provisions such as transfers of development
rights or density bonus transfers;

b) Providing capital financing bonuses;

c) Locating and constructing public investments
and projects in a fashion which induces
desirable development;

d) Requiring dedication of lands or easements
for the purposes of outdoor recreational or
park lands, including access, as provided in
Chapter 193.501, F.S.;

e) Acquisition, including acquisition of conser-
vation easements, other partial interests, or
fee simple acquisition.

4) The Department of Natural Resources shall use its
authority under Chapter 193.501, F.S. and Chapter
375,031(4), F.S. to receive dedications of lands
or easements and actively pursue acquisition of
lands, including easements and partial interests,
consistent with limitations of available funds and
the needs to provide access, opportunities for rec-
reation, and resource protection in the coastal zone.

5) Consistent with constitutional and legislative
recognition of private property rights, if the
economic readjustment mechanisms above do not pro-
vide appropriate relief and if any action pursuant
to this policy results in a judicial determination
of a taking for any individual parcel of land existing
at the time of this legislation, then the level of
government responsible for the action shall either:

a) Provide an exception to the policy to allow
some reasonable use; or

b) Acquire an interest in the land sufficient
to provide just compensation.

Implementation of Policy 2 - Economic Development

It is recognized that many of these policies will signifi-
cantly affect economic development in the coastal zone. The
primary role of the State will be that of coordination to
ensure efficient implementation throughout the program. The
policies of the Coastal Management Program shall serve to
provide specific guidance for implementation of the State
Economic Development Plan as it affects the coastal zone. The

Division of Economic Development in the Florida Department-
of Commerce shall utilize these policies in carrying out
its directive under Chapter 288, F.S.

The Department of Environmental Regulation shall pro-
vide technical assistance and information to the Department
of Commerce, to local government, and to other state agencies
to assist them in identifying development needs and con-
straints, and in identifying sites suitable for development.

Local governments shall determine their own specific
goals, objectives, policies and implementation strategies for
economic development through establishment of local compre-
hensive plans and coastal zone protection elements. These
plans will then serve as guidelines for local governments in
making land use decisions regarding site specific development.
Local governments which develop comprehensive plans acknow-
ledged by the Department of Environmental Regulation as con-
sistent with the Florida Coastal Management Program shall
receive special consideration in the permitting process.

Implementation of Policy 3 - Recreation and Shoreline Access

A. All levels of government shall recognize the unique
benefits which the coast offers for recreation; the
importance of coastal recreation to the state's economy
and manner of life; and the state and national interest
in siting water-dependent recreational facilities in
the coastal zone. Furthermore:

1) The Department of Natural Resources and local
governments electing to participate in the
program shall:

a) Maintain and enhance access to and recreational
use of public recreational areas of traditional
public use through acquisition, dedication,
easements, or other methods consistent with
private property rights;

2) Provide for public access as well as appropriate
0 ~~~~support facilities for areas with publicly funded
beach nourishment projects or for other
publicly funded projects such as roads and bridges
which increase opportunities for shoreline access.
Shoreline access including beach access shall be
provided in a reasonable manner consistent with
resource limitations and the availability of sites
for access;

3) Maintain and where feasible improve visual access
to the shorefront area.

7 9

B. The policies and standards of the Florida Coastal
Management Program shall serve as providing specific
guidance for fulfilling the responsibilities for
recreation and public access of the Department of
Natural Resources under Chapter 375, F.S. in imple-
menting this statute, DNR shall give highest priority
to acquiring, maintaining, and enhancing access and
recreational use of coastal areas.

C. Marinas and other water use recreation facilities
having a demonstrated public interest may be accommodated
consistent with the limitations and suitability of the
coastal resources and public need and demands. In
reviewing applications for marinas under its authorities
pursuant to Chapter 253 and 403, F.S., Department of
Environmental Regulation shall consider opportunities
for and encourage upland boat storage with associated4
facilities in preference to in-water boat storage that
requires dredging and other resource alterations. DER,
and local governments which elect to participate in
the Coastal Management Program, shall-act to restrict
the proliferation of individual single-purpose docks
and piers by encouraging community facilities common to
several uses and interests.

Implementation of Policy 4 - Resource Utilization

A. In developing comprehensive or long-term plans, state
agencies, and local governments which elect to participate
in the Coastal Management Program, shall give priority
when selecting between different uses to those uses
which maintain or restore future options and which do
not irretrievably commit or destroy coastal resources.

B. in reviewing applications for permits pursuant to Chapters
253 and 403, F.S., Department of Environmental Regulation
shall:

1) Consider the long-term impacts, including cumulative
impacts, of dredge, fill, waste discharge, and
other alteration of the natural estuarine values
and benefits; and

2) Mitigate dredge or fill activities in intertidal
estuarine areas by requiring the creation or
restoration of an area of similar biological
potential to ensure that the integrity of the
ecosystem is maintained.

C. In exercising their authorities over natural resources,
Department of Natural Resources, Florida Game and Fresh
Water Fish Commission and the Division of Forestry of
the Department of Agriculture and Consumer Services shall

manage the use of renewable resources to maintain the
optimum sustainable yield while protecting the coastal
ecosystem.

D. The Department of Environmental Regulation, in coordi-
nation with affected interests and agencies including
the Florida Department of Natural Resources, the
Florida Department of Transportation, the Florida Game
and Fresh Water Fish Commission, Florida Ports, and
the United States Army Corps of Engineers, shall
develop a program for the long-term disposal of dredged
material, including the identification of suitable
spoil disposal sites. When they are identified, such
sites shall be protected through the permitting process
and by local government plans to protect them from
non-compatible uses.

E. Local governments which elect to participate in the
Coastal Management Program shall identify sites for
mitigation and restoration in their comprehensive plan,
and protect these sites from non-compatible uses.

F. Guidelines for Implementing the Mitigation Standard

In identifying and assessing sites to mitigate the
effects of dredging or fillifig, the following factors
should be considered:

1) In selecting sites of similar biological potential
areas should preferably be chosen with similar
ecological characteristics. The intention of
mitigation is to provide an area that, with time,
will develop a qualitatively and quantitatively
similar fauna and flora. The emphasis is on
similar potential, not substitute productivity.
The area provided does not have to be fully devel-
oped biologically; the opportunity, at least,
should exist for it to develop once the area is
returned to the estuarine system. However, the
surface area of the estuary should not be diminished.

2) The most appropriate sites would be those in the
0 ~~~~general proximity of the proposed dredge or fill
action. These would probably contain the most
similar ecological characteristics. If similar
areas are not available nearby, then areas in
other parts of the estuary may be selected accord-
ing to the similarity of the following character-
istics (in order of importance, most important
first):

a) salinity regime

b) tidal exposure and elevation

c) substrate type

d) current velocity and patterns

e) orientation to solar radiation

f) slope

3) If similar areas, or those with a similar potential,4
cannot be found or provided, then mitigation efforts
should seek to restore areas or resources which are
in the greatest scarcity compared to their past
abundance and distribution. That is, those re-
sources which have been most severely impacted by
man's activities, measured by a ratio of present
to past abundance, should be restored through
mitigation.

4) Appropriate locations for mitigation activities
include:

a) Non-productive dredged material islands, which
could be lowered (by removal of spoil) to the
intertidal level, thus adding the surface area
back to the estuarine system;

b) Diked marsh areas which have been abandoned or
are in disrepair; and

c) Estuarine areas removed from effective circu-
lation by causeways or other fills, where
circulation can be restored or improved through
replacement of the causeway with -pilings or4

5) The transfer of ownership of estuarine lands, in-
cluding wetlands and submersible lands, to public
ownership; the dedication of estuarine lands for
certain natural uses; and the provision of funds
for research or land acquisition do not constitute
mitigation as defined by this policy.

implementation of Policy 5 - Water Resources

A. The Florida Coastal Management Program shall serve as3
providing specific guidance for implementation of the
Florida Water Plan in the coastal zone.

B. All efforts shall be made to ensure that state and area-
wide waste water treatment and areawide sewage treatment
plans shall be consistent with and complementary to the
Florida Coastal Management Program. State and areawide
waste water management plans shall provide for environ-
mental and public health needs by encouraging the

development and effective implementation of long-term
waste recycling or disposal plans consistent with the
needs for economic growth and considering the primary
and secondary effects that such facilities may produce.

C. The state shall encourage the development of innovative
waste collection and disposal systems and water treat-
ment facilities that meet health needs and standards
and financial cost requirements.

D. State agencies, Regional Planning Councils and local
governments responsible for areawide waste water manage-
ment plans pursuant to Chapter 403.061, F.S., shall
develop and implement those plans to minimize man-
induced sedimentation and other non-point source
pollution into coastal waters.

E. While it is recognized that the proximity of septic
tanks to coastal waters may degrade water quality, the
Department of Health and Rehabilitative Services and
local governments which elect to participate in the
Coastal Management Program should recognize septic tanks
may perform a legitimate role in meeting waste disposal
needs in low density areas when soil conditions and
other factors are favorable,--and where they will not
contaminate surface or ground waters.

F. The Department of Environmental Regulation and Water
Management Districts shall use their authorities pursuant

1) Ground water supplies are protected from salt
water intrusion by the maintenance of sufficient
amounts of ground water in coastal aquifers to
V ~~~~prevent intrusion through regulation of with-
drawals, maintenance of adequate recharge, and
sufficient controls on coastal canals, including
weirs. The role of coastal marshes and swamps as
reservoirs for recharging aquifers and preventing
salt water intrusion should be recognized.

2) Fresh water flows to coastal areas are maintained
in sufficient quantities and fluctuations to pro-
tect and enhance the vital estuarine productivity.

G. All levels of government, working with private industry,
should seek more efficient reuse of was-te water.

Implementation of Policy 6 - Air Resources

The Department of Environmental Regulation shall use its
authorities under Chapter 403, F.S. to maintain and enhance
air quality in the coastal zone.

Implementation of Policy 7 - Energy Facilities
A. Electrical Facilities
1) The procedures of the Florida Electrical Power Plant
Siting Act (i�hapter 403.501, F.S.)1 shall be used as
the procedure for the licensing, construction, and
operation of new or expanded electrical power
plants, their associated facilities and directly
associated transmission lines in the coastal zone.
The policies of the Coastal Management Program
shall be considered as policies and standards in
the Power Plant Siting Act. Site certification .
resulting from this process shall be the final state
determination for siting, and will form the basis
for the state consistency determination relating to
federal permits.
2) The procedures of the ten-year site plan review (Chap-
ter 23.0101, F.S.) shall be used to identify future
land-use needs for coastal electric facilities.
These procedures shall be revised to ensure thatI
coastal impacts are addressed and that the plan is
consistent with the policies of the Coastal Manage-
ment Program, and with local government comprehensive
plans where they are acknowledged as being consistent
with the Coastal Management Program. State, inter-
state and national energy plans shall also be usedI
to assist in the long-term energy planning and as
one basis for review of ten-year site plan reviews
as they relate to the FCMP.
3) Where specific areas are identified in approved ten-
year site plans as required for future land-use (
needs, they shall be geographic areas of particular
concern and shall be recognized and protected for
these purposes during the issuance of state agency
permits and in the comprehensive plans of localI
governments which elect to participate in the FCMP.
B. oil and Gas Facilities
1) Onshore facilities used to support offshore oil and
gas exploration, development and production, along
with required oil and gas pipelines, shall be
described in exploration, development and production
plans as provided for in 30 CFR 250 (U.S.G.S. Outer
Continental Shelf Guidelines). Such plans and
supporting documentation shall be used to assistI
state resource management agencies and local planning
agencies in planning for and dealing with the
impacts associated with OCS oil and gas operations.
Similar information shall be provided for any oil
and gas operations in state waters.

2) The procedures of Chapter 377, F.S. shall be used
for permitting oil and gas exploration and pro-
duction within the coastal zone. The policies of
the Coastal Management Program should be considered
as policies and standards in the implementation
of rules for Chapter 377, F.S. in the coastal zone.

3) The Division of State Planning pursuant to Chapter
380, F.S. shall adopt rules which designate
i) onshore facilities to support offshore oil and
gas development and production, and ii) petroleum
refineries and associated facilities as develop-
ments of regional impact.

C. Energy Transmission and Transportation

1) When electric transmission lines and oil and gas
pipelines must traverse or be located in the
coastal zone, they shall:

a) minimize aesthetic and environmental damage;

b) minimize use of the shorefront;

c) utilize utility corridors to the extent
possible;

d) be designed to minimize adverse secondary
impacts resulting from their location; and

e) avoid vital areas to the extent practicable.

2) Non-water dependent energy facilities shall be

located inland of vital areas and shorefront areas.
D. Liquified Natural Gas

Liquified natural gas (LNG) facilities and other
hazardous energy facilities shall not be located so
as to endanger public health and safety.

Implementation of Policy 8 - Ports

The Legislature recognizes the need to selectively develop
coastal areas for port facilities and uses. It is the inten-
tion to coordinate this development and necessary permit
reviews by relating them to long-term planning.

1) Primary ports, in cooperation with and the partici-
pation of affected parties including affected local
governments, regional planning councils, and state
agencies, shall develop port development plans
which.,

a) identify long-term port land requirements
and potential development patterns;

b) discuss land transportation and other4
support services necessary to accommodate4
part expansion and activity;

c) identify planned channel depths, dredging
needs (including maintenance dredging *
needs) and spoil disposal plans;

d) identify state and regional port needs; and

e) identify the environmental and social
impacts resulting from the proposed develop-
ment, and means to avoid or mitigate the
impacts.

2) The Department of Environmental Regulation shall
review the port development plans for consistency
with the FCMP. DER shall give priority for public
works funding and special permitting considerations
for proposed projects that are in accordance with
port development plans which DER has acknowledged
as consistent with the FCMP.

3) Areas identified in port development plans which
have been acknowledged by DER as in compliance with
the Coastal Management Program shall be geographic
areas of particular concern. The port development
plan shall be the management plan for the GAPC, and4
the lands shall be protected from non-compatible
uses by the plans and actions of state agencies and
of local governments which elect to participate in
the Coastal Management Program.

implementation of Policy 9 - Land Transportationj
A. Where transportation facilities traverse or are located
in the coastal zone, they shall:

1) minimize aesthetic and environmental damage
through design and construction criteria;

2) minimize use of the shorefront; and

3) be designed to avoid or minimize adverse
secondary impacts.

B. Where otherwise consistent with resource limitations
in Policy 1, the Florida Department of Transportation
shall use its authorities in Chapter 334, F.S. to plan
for and locate land transportation facilities in the
coastal zone to allow for efficient population exodus
in cases of natural disasters and public safety hazards.
The Florida Department of Transportation shall coordi-
nate this planning with the Division of Disaster
Preparedness to ensure the best opportunities for
evacuation are considered.

C. In planning or constructing transportation facilities
in the coastal zone, the Florida Department of Trans-
portation and local governments which elect to partic-
ipate in the Coastal Management Program shall consider
all modes of transportation including highway, rail,
air, bicycle, pedestrian, ferries, mass transit, and
pipelines. The FDOT shall develop rules and procedures
to ensure that coastal transportation modes and
facilities:

1) are based on an inventory of local, regional
and state transportation needs;

2) minimize adverse social, economic, and
environmental impacts and costs;

3) conserve energy;

4) facilitate the flow of goods and services so
as to strengthen the local and regional
economy; and

5) conform with local and regional comprehensive
land us'e plans.

Implementation of Policy 10 - Areas of Particular Concern

A. The Legislature finds that areas may be designated of
particular concern based upon the need to provide
special management considerations for areas of exceptional
ecologic or environmental value, areas of high recrea-
tional use or potential, and areas especially suited or
necessary for water-dependent development. The following
are found to be areas of particular concern:

1) Aquatic Preserves designated by Chapter 258.35-
258.46, F.S.;

2) Areas in the State Wilderness System designated
by Chapter 258.17-258.33, F.S.

3) Environmentally Endangered Lands, acquired
pursuant to Chapter 259, F.S.;

4) Areas designated of Critical State Concern
pursuant to Chapter 380, F.S.;

5) Estuarine Sanctuaries designated pursuant
to PL 92-583;

6) Shorefront areas;

7) "Preferred Sites" designated in ten-year power
plant site plans, after they are acknowledged
by DER as consistent with the FCMP;

8) Ports designated with port development plans
acknowledged by DER as consistent with the
FCMP;

9) Barrier Islands;

10) Critical Habitat for Endangered Species,
identified by the U.S. Department of Interior
pursuant to PL 91-135;

11) Local government geographic areas of particular
concern which have been identified as part of
a LGCP, and which have been acknowledged by
DER as consistent with the FCMP;

12) Areas for preservation or restoration identi-
fied pursuant to Chapter 161, F.S., Beach
Renourishment; Chapter 403.165, F.S., Pollution
Recovery Trust Fund; and Chapter 403, F.S.,
Water Resource Restoration and Preservation
Act;

13) Historical and Archaeological Sites; and

14) Unique Environmental Features

B. DER may from time to time add other specific sites or
general categories of geographic areas to this list
as it feels appropriate to carrying out the responsi-
bilities of the FCMP and the CZMA.

C. The plans and actions of state agencies, and of local
governments which elect to participate in the Coastal
Management Program, shall protect and maintain identi-
fied geographic areas of particular concern.

Implementation of Policy 11 - Program Process

In order to provide for effective implementation of
the Florida Coastal Management Program, the Legislature
finds that:

A. It is desirable to avoid overlapping or
duplicating reviews of the same issue by different
bodies or authorities with jurisdiction. There-
fore, it is desirable to clearly delineate review
authorities.

L ~~~~1) it is recognized that there are local, state,
and land-use concerns involved in part in
L ~~~~~the variety of public interest teats which
currently exist in state law. These public
interest land-use concerns can best be
addressed in the context of a comprehensive
plan which clearly identifies long-term needs
and projections, including the balance of
environmental and economic concerns, uses of
state and regional benefit, and the national
interest. Therefore, if local governments
voluntarily develop local coastal zone pro-
tection elements consistent with these policies
and guidelines (as determined by the Department
of Environmental Regulation), then the approved
local plans shall serve as one basis for
judging land use and economic development con-
siderations of the public interest in the lease
or sale of state lands, in the classification
of state waters, and in the regulatory process,
in particular, state agency permitting.

2) The review of regulatory or technical issues
will remain a state agency permitting responsi-
all ~~~~bility. In exercising this responsibility, the
IL ~~~~~state shall use local standards when they are
stricter than state standards, if provided by
state law. The state's determination of regu-
latory decisions, such as compliance with air
or water quality standards, shall serve as the
all ~~~~definitive basis of these issues for review of
Development of Regional Impact and for local
government review.

3) Except as limited by statutory time requirements,
or as otherwise provided by the provisions of
the Power Plant Siting Act (403, F.S.) or the
Development of Regional Impact process (380, F.S.),
the state shall not render a decision on permit
applications prior to local determination of

project compliance with local government
comprehensive plans which have been reviewed
and acknowledged as consistent with the
policies of the Florida Coastal Management
Program.

B. The Department of Environmental Regulation shall
be the lead state agency for coordinating and
administering the Florida Coastal Management Pro-
gram, and shall develop such procedures, assistance,
and rules as are necessary to implement the program.
As the lead state agency, DER shall be determined
to be a substantially affected interest in proceedings
under Chapter 120 and 403.412, F.S.

C. 1) All state agency approved, conducted, or
financed activities shall be consistent with
the objectives, policies, and standards of
the Florida Coastal Management Program and
with local government comprehensive plans
after they have been reviewed and acknowledged
as consistent by DER.

2) Within one year of the date of enactment of the
necessary enabling legislation, all state
agencies shall develop or amend their rules,
regulations and procedures to comply with the
objectives, policies, and standards of the
Florida Coastal Management Program.

a) Within three months of enactment of the
necessary enabling legislation, all
state agencies shall review their rules,
regulations and procedures and identify
changes or additions that may be required.
A list of the changes and additions identi-
fied shall be provided to Department of
Environmental Regulation.

b) Within 45 days of the receipt of the list,
DER shall respond to the agencies, indicatingj
its concurrance with the list, or identifying
items or requirements which were omitted.
D. Local governments and regional planning councils which
elect to participate in the FCMP shall develop local
comprehensive plans and regional plans and policies
consistent with the objectives, policies and
standards of the Florida Coastal Management Program.

1) DER shall review and comment upon those plans
and ultimately determine whether they are
consistent with the FCMP. If they are, DER
shall so acknowledge that the plans are

9 0

consistent, and the unit of local government
or regional planning council shall be
eligible for the continued assistance and
other benefits of the FCMP.

2) In its reviews, DER shall provide oppor-
tunities for all affected interests to review
and comment upon the proposed plan.

3) DER's review for consistency should include
both procedural as well as substantive concerns.
The review should examine how the information
and considerations were used and addressed,
and how the plan and supporting information
L ~~~~~reflects the data collected and the needs
identified by citizen input during the planning
process. The review shall address considerations
such as:

a) The adequacy of the inventories and factual
information;

b) The opportunitie's afforded for citizen par-
ticipation and how the participation was
used;

c) How regional, state, and national interests
were considered;

d) The needs identified and how they are
justified; and

e) What conflicts were identified and how they
were resolved.

E. The objectives, policies, and standards of the
Florida Coastal Management Program shall serve as
standards and criteria for the review of A-95
applications, development of regional impact, and
federal consistency, and shall be so employed by
affected agencies of government.

F. Vested Rights

1) The policies of this program shall not affect
the status of any permit issued prior to July 1,
1978, unless the project is changed to adversely
affect the environment and to require a new or
amended permit.

2) Developments shall be exempt from application
of any new requirements created by or as a
result of this program if they have a vested
interest.

3) In the situation where outstanding contractual
obligations exist as of July 1, 1978,and the
obligations are breached as a result of new
requirements resulting from this program,
any award of damages resulting from an action
for failure to perform such contract shall,
unless otherwise specifically provided by the
terms of the contract, be limited to the
actual purchase price, plus an amount equal
to taxes paid and a reasonable amount of
interest in excess of actual expenses paid or
obligated in an effort to fulfill the terms
of the contract.

Implementation of Policy 12 - Information, Research, and
Inventories

The Department of Environmental Regulation shall estab-
lish and maintain an integrated coastal data clearinghouse
which provides for the efficient collection and use of infor-
mation and data through a data management network. Information
from the clearinghouse shall be available to local governments,
Regional Planning Councils, Water Management Districts, and
state agencies for their use in planning or reviewing coastal
activities.

The Bureau of Coastal Management will coordinate with
local governments, state, and federal agencies, in the estab-
lishment of common inventory standards and techniques so that
inventory data collected by different agencies or units of
government, or data between different coastal areas, will be

comparable. ~

implementation of Policy 13 - Citizen Involvement

A. The Legislature finds that public participation is an
essential element in the development and administration
of the Florida Coastal Management Program. Through
citizen involvement, public needs and aspirations can
be reflected in decision-making, and understanding of
the plans and programs can be generated. All levels of
government should seek to provide opportunities for full
participation at all appropriate stages of the develop-
ment and administration plans and projectsin the coastal
zone. Participation is not limited to, but includes,
legal notices, opportunities for public review and
comment, and public hearings and workshops.

B. State agencies and those local governments which elect
to participate in the Coastal Management Program shall
establish and maintain Citizens Advisory Committees and

9 2

Technical Advisory Boards representing various
affected interests, to provide information in the
development of plans and projects; to serve as a
conduit for- evaluating public interest and
concerns; and to assist in forming program directions.

Implementation of Policy 14 - Exceptions to Coastal Management
Program and Policies

A. It is the intent of the Legislature that the exceptions
process is to be used in those rare or unusual circum-
stances where special circumstances warrant an exception
from overall policy. Exceptions may be applied during
the time of plan development because of special circum-
stances where a comprehensive plan might provide for
uses contrary to the policies of the Florida Coastal
Management Program. They may also be applied during the
consideration of an individual permit or project. They
are not meant to become commonplace.

B. When demonstrating the public interest, consideration
might be made of such factors including, but not limited
to:

1) public need as supported by inventories, data,
and projections;

2) public benefits;

3) uses of regional benefit; and

4) overriding national interest

* ~~C. The Legislature recognizes that there is a state
and national interest in providing access to or locations
in water areas for certain water-dependent uses and
facilities. Examples of such uses may include, but are
not limited to:

1) recreation related to the use of water, including
marinas;

2) sport and commercial fishing facilities;

3) energy facilities;

4) port facilities; and

5) national defense.

it is the intent of the Legislature that while these
are legitimate needs and uses of Florida's coastal
zone, they should be located to the maximum extent
practicable in conservation and development areas,
and avoid vital areas. In the rare or unusual circum-
stances when this may not be practicable, the agency
with regulatory jurisdiction may grant an exception
by awarding a permit, subject to such conditions as it
may wish to impose, for the activity in vital areas.
Such exceptions cannot adequately be addressed through
permit reviews alone, and should be identified andj
considered in the context of a local goverment compre-
hensive plan which addresses public need and demand4
and the standards of this program.

9 4

V. PROGRAM AUTHORITIES, ORGANIZATION

ArID I MPLEMENTAT ION

The implementation of the Florida Coastal Management
Program will depend upon the authority and the coordinated
roles of a variety of participants, including federal and
state agencies, water management districts, regional planning
councils, local governments and other participants including
ports and the general public. Florida presently has a broad
array of existing authorities which relate to the management
of coastal resources. Because of their single-purpose and
fragmented nature, these authorities do not presently pro-
vide a systematic approach to the overall management of the
coastal zone. The adoption of the FCMP will provide common
objectives, policies, and standards for the administration
and coordination of these authorities. In addition the
adoption of the program and enabling legislation will create
new authorities to be utilized in program implementation.
Executive and administrative action will be necessary to
combine the new requirements and for implementation of the
Florida Coastal Management Program.

The planning, projects and regulatory authorities of
state agencies will be the primary mechanism for assuring that
the program objectives and policies will be implemented. The
Florida Coastal Management Program will require that all
state agencies revise their rules and practices to be con-
sistent with the objectives, policies and standards of the
program. Many state agencies now have the discretionary
ability to implement the policies and standards of the FCMP,
although that discretion may not now be exercised. Other
state agencies may need additional enabling legislation to
fully implement the program policies and standards; this
enabling legislation will be offered as part of the proposed
Florida Coastal Zone Management Act. In this fashion, state
agency activities which affect the coastal zone including
actions, development projects, plans, permits and financial
grants will be consistent with the FCMP.

p ~~~~~~~~~~~95

The program will also rely upon the responsibilities
and authorities of other agencies of government, and en-
courage the voluntary participation of local governments
by providing a framework for them to develop local plans
and ordinances that complement and provide greater spec-
ificity to the state Coastal Management Program. As a
result, local needs and conditions can be appropriately
recognized in the FCMP, and the program itself substantially
enhanced by their participation without altering the basic
responsibilities of local governments relative to state
agencies.

AUTHORITIES

A variety of state agency authorities will be utilized
as the basis for implementing the Coastal Management Program.
The primary authorities for this purpose will be the regula-
tory and planning authorities of Chapters 403, 253, 161, 373
and 380, F.S.

Chapter 403, F.S. establishes the basic environmental
regulation programs of the state, including those for air,
water, solid waste and noise pollution. The statute also
establishes the duties and powers of the Department of
Environmental Regulation. The Power Plant Siting Act and
site certification process, which is coordinated by DER, is
also in this statute. This chapter also provides for a
process for the judicial appeal by citizens to enforce regu-
lations for the protection of the air, water and other
natural resources.

owned lands. Basic responsibilities are divided between DER,
which enforces a program for dredge and fill activities in
the submerged waters of the state, and DNR, which is respon-
sible for the management, including the lease and sale of
state lands. The Department of Natural Resources is also
required to develop a comprehensive plan for the acquisition,
management and disposition of state-owned lands.

Chapter 161, F.S. provides for the protection of beach
areas and the reduction of erosion on marine beaches. It
establishes the coastal construction setback lines and the
procedures and standards for the granting of variances to the
lines to be implemented by DNR. The state authority for
conducting beach renourishment projects is also contained in
this chapter.

Chapter 373, F.S. provides for the conservation, develop-
ment and proper utilization of surface and groundwater
resources. It establishes five Water Management Districts
and provides for the duties of the Water Management Districts

and the Department of Environmental Regulation in relation
to water resources. Permits are required for the with-
* ~~drawal, diversion, impoundment or consumptive use of water.
The chapter also requires a water plan for each district.

Chapter 380, F.S. provides for the implementation of
state land and water management policies through coordination
of local decision-making processes. The chapter specifically
establishes the Development of Regional Impact and Area of
Critical State Concern programs, and provides responsibilities
for administration of these programs to the Division of State
Planning, Regional Planning Council, local governments and
the Cabinet.

In addition to these basic authorities, other statutes
will be utilized in the implementation of the FCMP. These
are listed in Table VIII and are particularly important
because they provide for the state agency plans, actions and
projects which may affect the coastal zone. It is particularly
important that state agency rules and practices under these
statutes be reviewed and administered consistently with the
requirements of the program. The discussion of standards and
procedures for implementing the program policies (Chapter IV)
and Tables III and V relate some of these authorities to
particular uses and program requirements.

In addition to the direct requirements on or of state
agencies, a number of important authorities which are admin-
istered by other governmental agencies will be utilized in
the implementation of the FCMP. As indicated, Water Manage-
ment Districts are authorized to develop district water
resource plans and to establish permit programs for the with-
drawal, diversion, impoundment or consumptive use of water.
These activities and responsibilities willbe fundamental to
the program. The Regional Planning Councils have the general
authority to develop plans, coordinate activities among
members and make recommendations to public agencies. They
have specific authority related to the review of Developments
of Regional Impact, Local Government Comprehensive Plans and
the A-95 review process. Ports which are created by state
statute have numerous authorities including the ability to
acquire land through various means (including eminent domain)
and to construct and operate port facilities.

Local governments have particularly important authorities
related to planning, land acquisition, and enforcement of
local codes, especially those under Chapters 125, 163 and 193,
F.S. However, without altering the relative responsibilities
of state and local governments by providing some means of
mandatory state enforcement, these authorities cannot be
relied upon for enforcement of the FCMP. These authorities
will need to be used in a fashion consistent with the program
if its full potential and range of benefits are to be provided.

TABLE VIII

PROGRAM IMPLEMENTATION

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of Chapter 253, F.S. - 1-A) Resource Protection Establishes criteria for
Environmental Dredge and fill 3) Recreation and granting of dredge and
Regulation activities Shoreline Access fill permits. Provides
4) Resource Utilization for increased local
11) Program Process government involvement.

Chapter 373, F.S. -

a) State Water Use Plan I-A) Resource Protection Establishes policies for
5) Water Resources guiding development of
State Water Use Plan.

b) Public Works Program I-A) Resource Protection Establishes criteria for
4) Resource Utilization review of projects.
5) Water Resource Ports with acknowledged
8) Ports plans are given priority
of funding.

Chapter 403, F.S. -

a) Discharges into air I-A) Resource Protection Establishes criteria for
and water 3) Recreation and review of water dis-
Shoreline Access charges. Air quality
4) Resource Utilization standards adopted as part
5) Water Resources of FCMP. Provides for
6) Air Quality increased local govern-
11) Program Process ment involvement.

b) Electrical Power I -A) Resource Protection Establishes substantive
Plant Siting 4) Resource Utilization criteria for review of
5) Water Resources electric power plant
6) Air Quality sites.
7) Energy Facilities
10) Areas of Particular
Concern

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM:- POLICY IMPLEMENTATION

Department of c) 208 Areawide Waste- I-A) Resource Protection Provides policies for
Environmental water Management 5) Water Resources review of 208 plans.
Regulation Program

d) Water Preservation I-A) Resource Protection Provides criteria for
and Restoration l-D) Restoration review of potential areas
10) Areas of Particular for restoration. Desig-
Concern nates restoration areas
as GAPC's.

New Responsibilities

a) State Spoil Disposal I-A) Resource Protection Requires the development
Plan 4) Resource Utilization of a State Spoil Dis-
8) Ports posal Plan. Plan must
be consistent with FCMP.

b) OCS Onshore Develop- I-A) Resource Protection Requires development of
ment Plans 4) Resource Utilization OCS Onshore Development
7) Energy Facilities Plans. Plans must be
consistent with FCMP.

c) Tidal Vegetation - I-A) Resource Protection Protects natural tidal
Prohibitions on Har- vegetation from harvesting
vesting or Removal or removal.

d) DER designated as lead All Policies Assigns duties and estab-
agency for implementa- lishes authorities of
tion of FCMP lead agency for coordi-
nation and administration
of FCMP.

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of Chapter 161, F.S. -
Natural
Resources a) Coastal Construction 1-A) Resource Protection Establishes criteria for
Setback Line granting of variances.

b) Beach Renourishment I-A) Resource Protection Provides criteria for
l-D) Restoration review in judging areas
3) Recreation and for renourishment. Pro-
Shoreline Access vides for beach access as
10) Areas of Particular a part of all renourish-
Concern ment projects. Designates
renourishment areas as
GAPC's.

Chapter 193, F.S. - l-E) Economic Adjustment Encourages DNR to acquire
Assessment of Recrea- Mechanisms recreational areas through
o tional Lands 3) Recreation and dedication and conveyance
CD Shoreline Access of development rights.

Chapter 253, F.S. - I -A) Resource Protection Provides policies for
Management of State 4) Resource Utilization management of state lands
Lands 11) Program Process and development of State
Lands Plan. Relates public
interest in state lands to
policies and acknowledged
local government plans.

Chapter 258, F.S. -

a) Aquatic Preserves 1-A) Resource Protection Aquatic Preserves designated
4) Resource Utilization as GAPC's. Provides
10) Areas of Particular policies for management of
Concern preserves.

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of b) Wilderness System 1-A) Resource Protection Wilderness Areas desig-
Natural 4) Resource Utilization nated as GAPC's. Pro-
Resources 10) Areas of Particular vides policies for manage-
Concern ment of Wilderness Areas.

Chapter 259, F.S. - 10) Areas of Particular Designates lands purchased
Land Conservation Concern under Environmentally
Endangered Lands Program
as GAPC's.

Chapter 370, F.S. - 4) Resource Utilization Provides policies for man-
Saltwater Fisheries and agement of marine re-
Conservation sources.

Chapter 375, F.S. - 1-E) Economic Adjustment Provides policies for
C Outdoor Recreation and Mechanisms selection and acquisition
Conservation 3) Recreation and of recreation areas. Pro-
Shoreline Access vides for priority of
funding for purchase of
recreation areas in the
coastal zone.

Chapter 377, F.S. - 1-A) Resource Protection Provides policies for
Oil and Gas Resources 4) Resource Utilization location and conduction of
7-B) Energy Facilities oil and gas exploration.

New Responsibility 4) Resource Utilization Encourages participation
of DNR in development of
state spoil disposal plan.

CHAPTER VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of Chapter 334, F.S. I -A,B) Resource Protection Provides criteria for
Transportation Transportation and Conservation location and construction
Planning 4) Resource Utilization of transportation facili-
9) Land Transportation ties in the coastal zone.

New Responsibility 4) Resource Utilization Encourages participation
of the Department of
Transportation in develop-
ment of state spoil dis-
posal plan.

Department of Chapter 288, F.S. -I-C) Resource Development Provides guidance for
Commerce - Economic Development 2) Economic Development development of State Eco-
Division of nomic Development Plan.
Economic Provides policies to guide
HDevelopment the identificati-on of
sites for economic develop-
ment projects.

Department of Chapter 23, F.S. -
Administration-
Division of a) State Planning Policies I 11 Provides substantive
State Planning Clearinghouse:- criteria and policies for
revision of A-95 projects.
Provides for modification
of existing A-95 procedures
to accommodate Federal
Consistency comments.

b) State Comprehensive Policies I 11 Provides for the State
Plan Comprehensive Plan to be
consistent with FCMP. Pro-
vides for the Division to
utilize the FCMP policies
in reviewing the state
budget.

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of c) Coastal Energy Impact Policies 1 - 11 Provides that the stand-
Administration - Program (CEIP) ards and allocation
Division of formula of the CEIP be
State Planning complementary to the FCMP.

d) Ten Year Site Plan 1-A,B,C) Resource Protection, Provides criteria and
Conservation, policies for review of
Development ten year site plans.
4) Resource Utilization Approved sites are desig-
5) Water Resources nated as GAPC's.
6) Air Quality
7) Energy Facilities
10) Areas of Particular
Concern
11) Program Process

Chapter 380, F.S. -

a) Development of Re- Policies 1 - 11 Establishes the policies
gional Impact (DRI) of the FCMP as substantive
criteria for review of
DRI's. Designates certain
energy facilities as DRI's.

b) Areas of Critical Policies 1 - 11 Areas of Critical State
State Concern (ACSC) Concern designated as
GCAPC's. Provides criteria
and policies for review
of local plans and programs
submitted in accordance
with the ACSC program.

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of Chapter 163.03, F.S. - 11) Program Process Encourages modification
Community HUD 701 Program of 701 grant procedures
Affairs to give priority of
funding to local govern-
ments who participate in
the FCMP.

Chapter 252, F.S. - l -B) Resource Conservation Provides for DOT to coordi-
Disaster Prepardness 9) Land Transportation nate transportation facili-
ties with DCA to ensure
consideration of evacuation
needs in case of natural
disasters.

Game and Fresh Chapter 372, F.S. - 4) Resource Utilization Provides for management of
Water Fish Management of Game game and fish resources
Commission and Fish, consistent with protecting
the coastal ecosystem.

New Responsibility 4) Resource Utilization Encourages participation
of the GFC in development
of state spoil disposal
plan.

Department of Chapter 582, F.S. - 1-C) Resource Development Encourages the protection
Agriculture Soil and Water 4) Resource Utilization and maintenance of prime
and Consumer Conservation agriculture areas through
Services use of incentives.

Chapter 589, F.S. - 1-B,C) Resource Conservation Encourages the maintenance
Forest Management and Development of forestry lands for
4) Resource Utilization production and harvest of
wood fibre.

4. Al

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Department of Chapter 381, F.S. - 1-B) Resource Conservation Provides policies for
Health and Public Health 5) Water Resources location of septic tanks
Rehabilitative in regards to coastal
Services waters, marginal lands
and flood-prone areas.

Water Management Chapter 373, F.S. - I -A) Resource Protection Establishes policies and
Districts Water Resources 5) Water Resources criteria for development
11) Program Process of district water use
plans and permitting
activities.

Regional Chapter 163, F.S. - 11) Program Process Encourages participation
Planning Regional Planning and of RPC's in FCMP. RPC's
Councils Coordination would utilize existing
authorities to review A-95
CD projects, DRI's, and local
plans for consistency with
acknowledged plans.

Regional Chapter 23, F.S. - Policies 1 - 11 Provides policies and
Planning Regional Planning criteria for review of
Councils (sub- Clearinghouse A-95 projects.
sequent to plan
acknowledgement) Chapter 163, F.S. - All Policies Provides process and
Review of Local Plans criteria for review of
local government compre-
hensive plans.

Chapter 380, F.S. - Policies 1 - 11 Establishes substantive
Development of criteria for review of
Regional Impact DRI's in coastal zone.

TABLE VIII (CONTINUED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM4 POLICY IMPLEMENTATION

Local Government Chapter 163, F.S. - 1-B) Resource Conservation Encourages participation
Local Government 11) Program Process of local governments in
Comprehensive Plan program conditioned upon
adoption of plans consis-
tent with policies of FCMP.
Also requires all local
governments in the coastal
zone to develop safety
element as part of their
local plans.

Chapter 193, F.S. - l-E) Economic Adjustment Requires local governments
Assessment Procedures Mechanisms to address re-evaluation
of property based upon the
potential for use author-
ized by the policies of
the FCMP.

Local Government Chapter 163, F.S. -
(subsequent to Implementation of Plans All Policies Provides policies and
plan acknow- criteria for implementation
ledgement) of plans by local govern-
ment through utilization
of their full authorities.

Ports Chapter 315, F.S. 8) Ports Requires the development of
10) Areas of Particular plans for primary ports.
Concern Encourages that these
plans be developed consis-
tent with policies of the
FCMP. Upon acknowledge-
ment ports will be desig-
nated as GAPC's.

TABLE VIII (CONTINED)

FLORIDA COASTAL EFFECTS OF POLICY
AGENCY STATUTE/PROGRAM MANAGEMENT PROGRAM POLICY IMPLEMENTATION

Ports New Responsibility 4) Resource Utilization Encourages participation
of ports in the develop-
ment of the state spoil
disposal plan.

Because these authorities are so important, the program seeks
to have local governments implement their responsibilities,
particularly those under Ch. 163, F.S. (The Local Government
Comprehensive Planning Act) and Ch. 193, F.S. (taxing authori-
ties) consistent with the program on a voluntary basis. The
program encourages the participation of local governments by
providing a variety of benefits to local government, includ-
ing a framework for them to develop local plans and ordinances
that complement the state regulatory process.

Although the proposed program requires that all state
agency plans, projects, and actions be consistent with the
FCMP,- the state and interested parties will require some means
to ensure that in fact state practices and rules are developed
and administered consistently with the program's objectives,
policies and standards. To comply with these requi rements,
the Florida Coastal Management Program will utilize the basic
appeal provisions of the Administrative Procedures Act
(Ch. 120, F.S.) and the Environmental Protection Act (Ch. 403,
F.S.).

These two procedures will provide a basis to appeal or
seek appropriate action for the failure to adopt consistent
rules and practices, as well as the failure to administer
rules and practices in a fashion consistent with the program.
Chapter 120, F.S., provides standing in appealing the admin-
istrative activities of state agencies and agencies of the
state to interests "substantially affected" by agency
decisions and establishes procedures utilizing a hearing
officer, to hear appeals. Under this authority, for example,
actions or decisions by DER under Ch. 403, F.S. could be
appealed to the Environmental Regulation Commission; actions
by DNR under Ch. 253, F.S. could be appealed to the Governor
and Cabinet sitting as the Trustees of the Internal Improve-
ment Trust Fund; and actions under Ch. 380, F.S. could be
appealed to the Governor and Cabinet sitting as the Land and
Water Adjudicatory Commission. The DER, as the lead state
agency, would be identified as a substantially affected
interest in matters relating to the implementation of the FCMP.

Chapter 403, F.S. provides that the Department of Legal
Affairs, any political subdivision or municipality, or any
citizen of the state may institute action for injunctive
relief against "any agency or authority charged by law with
the duty of enforcing laws, rules and regulations for the
protection of the air, water and other natural resources of
the state to compel such governmental authority to enforce
such laws, rules and regulations" (Ch. 403.412, F.S.).

These procedures will allow the opportunity for all
affected interests to review the performance of all partici-
pants in the Coastal Management Program to ensure that they
are complying with its requirements.

108

ORGANIZATIONAL STRUCTURE

The task of coordinating the many authorities into a
framework which allows recognition and involvement of the
various interests and which clearly demonstrates that direct
and significant impacts are systematically managed in com-
pliance with the program policies is perhaps'the greatest
challenge facing the state program. Florida's Coastal Manage-
ment Program will be an integrated approach based on the
participation and cooperation of a variety of levels of
government: cities and counties, Regional Planning Councils,
Water Management Districts, and state and federal agencies,
as well as the public and quasi-governmental bodies such as
ports. This participation will be based upon the adoption
of the Florida Coastal Management Program. The specific roles
of these agencies will be dependent primarily upon their
existing statutory authorities. Inherent in this determina-
tion of agency roles will be an effort to identify and reduce
duplication of planning and permitting by all levels of
government.

LEAD STATE AGENCY

The Department of Environmental Regulation will be the
lead state agency for the Coastal Management Program. As the
lead agency, DER will have the primary administrative respon-
sibilities for the program. During this past year, the Coastal
Management Program was transferred to the Department of
Environmental Regulation by the Legislature. In addition, the
Governor has designated the Department as the lead agency for
implementation of the Coastal Management Program. DER's
duties associated with administration and implementation of
the program will include:

1. Apply for and administer federal funds.

The Department will apply for federal funds from
the Office of Coastal Zone Management to imple-
ment the program and will be fiscally and pro-
gramatically responsible for their use. These
funds will be distributed to the various govern-
mental agencies which are involved in program
implementation. It is anticipated that a signif-
icant amount of these funds will be distributed
to local governments who have developed or are in
the process of developing acknowledged local plans.

2. Coordinate management proqrams for coastal
resources and activities

109

In the process of utilizing the numerous and varied4
state authorities to implement the Coastal Manage-
mernt Program, the state will have to ensure that
planning, management, regulatory and research pro-
grams are consistent with the program policies.
The lead state agency will have to coordinate with
each agency which is involved with programs
directly relating to coastal resources or with
activities that affect these resources. It will
have the specific task of assisting in the review
and development of appropriate rules and practices
for implementation of the program.

3. Provide financial, technical and legal assistance.

The Department will provide assistance, upon request,
to other state, regional, and local governmental
agencies and interested parties involved in or con-
cerned about the implementation of the program.
While financial assistance will be of significant
value, the importance of technical and legal assist-
ance should not be overlooked. The Department will
provide both technical and legal assistance to
agencies involved in the developing or altering of
rules and implementation procedures. Technical,
financial, and legal assistance will be provided
to local governments for the development and
administration of their plans and ordinances. DER
will also provide funding to other state agencies
to provide assistance in administering requirements1
resulting from the FCMP.
4. Develop central file/clearinghouse for coastal
resource data information.

The Department has an existing coastal information
system, which includes a library, subject files,
and an extensive data base for the coastal zone
developed in cooperation with the Regional Planning1
Councils. This information/data system will con-
tinue to be updated and enlarged in order to pro-
vide current information on coastal resources to1
both governmental agencies and interested parties.

5. Provide for federal consistency decisions.

The Department will be responsible for coordinating
and administering the federal consistency pro-
visions of the CZMA. While the Department will
generally retain the final signoff for federal
consistency, Regional Planning Councils, local
governments with acknowledged plans, other state

110

agencies and the public will have a significant
role in the final decision. These roles are dis-
cussed in greater detail in the section on
Federal Consistency.

6. Review and acknowledge local plans.

As now provided in Ch. 163, F.S., the Department
will review local plans for consistency with the
adopted Coastal Management Program and its policies.
The FCMP provides that consistent comprehensive
plans will be acknowledged by DER and will gain
benefits associated with program participation.
The state will not have the authority to require a
change in the local government plan or to force
local government participation in the state program.
In order to receive an acknowledged status, local
plans will have to meet or exceed the minimun
standards established by the state policies. it
is anticipated that the Department will develop
rules establishing the specific requirements for
acknowledgement of local plans subsequent to pro-
gram approval.

7. Negotiate and appeal conflicts.

When a difference of opinion arises between agen-
cies (including DER) involved or affected by the
program over the interpretation of the coastal
management policies, DER will negotiate with the
affected agencies. If no decision agreeable to
both agencies can be identified, DER will have the
opportunity to appeal the agency's decision. Like-
wise, other agencies will be able to appeal
decisions of DER. Appeals will follow existing
administrative remedies, such as those in Ch. 120,
F.S.

8. Establish advisory councils.

The Department will establish advisory councils
made up of both public and private interests as
needed to assist it in implementation of the
program. These councils will be utilized to address
both specific and general issues related to coastal
p ~~~~management. An example would be the re-establish-
ment of the Florida Coral Reef Advisory Committee.

9. Review special purpose plans.

The Department will review special purpose plans,
such as port and energy facility siting plans and
Regional Planning Council coastal management plans
submitted for review and acknowledgement pursuant
to the program policies.

STATE AGENCY MANAGEMENT ROLES

As distinguished from the administrative responsibil-
ities of the lead state agency, a number of state agencies
including DER will have management roles in the implemen-
tation of the Coastal Management Program. Their involvement
will be based upon the adoption of the FCMP and will be
required since all state permitted, financed or conducted
state activities must be consistent with the program policies.
This requirement will specifically affect all state agencies
when they: I) develop rules and plans, 2) enforce state
regulatory or management authority through permitting and
review powers, and 3) conduct development and construction
activities. It is intended that the requirements of the
Coastal Management Program vested with state agencies by the
Legislature will be self-implemented by each agency. In
general, it will be the responsibility of each state agency
to implement the Coastal Management Program through changes
in its rules and procedures. The DER, as the lead agency,
will assist state agencies as necessary in the adoption or
alteration of rules and practices.

State agencies that will have specific responsibilities
in the management program include: 1) the Department of
Environmental Regulation, 2) the Department of Natural
Resources, 3) the Division of State Planning, Department of
Administration, 4) the Department of Transportation, 5) the
Department of Commerce, 6) the Department of Community
Affairs, 7) the Game and Fresh Water Fish Commission, 8) the
the Department of Health and Rehabilitative Services, and 9)the
Department of Agriculture and Consumer Services.

The Department of Environmental Regulation will utilize
its broad array of authorities, including those under Ch.
253, 373 and 403, F.S., in the implementation of the Florida
Coastal Management Program. This program requirement will
involve many of the existing functions of the Department,
including: 1) the issuance of permits for air discharges,
water discharges, and dredge and fill activities; 2) water
treatment plans and projects; 3) the issuance of electricj
power plant site certificationsf 4) development of the State
Water Plan; 5) review of projects submitted under the Federal
Public Works Program; and 6) restoration projects. In
addition, DER will have new responsibilities based upon the
adoption of the FCMP including coordination of agencies in-
volved in the development of the state spoil disposal plan,
review and enforcement of requirements for OCS onshore
facilities plans, and the enforcement of restrictions related
to the harvesting of native tidal vegetation. Implementation
of these responsibilities in a fashion consistent with the
program will require some rule changes by DER.

112

The Department will also be responsible for coordinating
the development of the Florida Water Plan and 208 areawide
wastewater management plans with the program policies, espe-
cially the Water Resources Policy. In addition, the policies
of the FCMP will be utilized by the Department n the review
of public works projects and areas for restoration. The
existing procedures related to the Federal Public Works Pro-
gram will be modified to ensure that projects which are
consistent with the objectives, policies and standards of the
FCMP are given priority for funding.

The Department of Natural Resources will utilize its
broad authorities related to planning, management, regulatory
and development activities to assist implementation of the
Florida Coastal Management Program. The Department will be
responsible for modifying and developing rules as necessary
consistent with the FCMP. Department activities which will
be involved in the program include: 1) the establishment of
and issuance of variances to the coastal construction setback
line; 2) the management of the Aquatic Preserve System; 3) the
management of the Wilderness System; 4) the lease or sale of
state lands; 5) the development of the State Lands Plan;
6) the development and acquisition of park and recreation
areas; 7) beach renourishment projects; and 8) the management
of mineral and living marine resources.

The rules related to issuance of variances to the coastal
construction setback line will be modified to incorporate the
standards and criteria established in the Resource Protection
Policy. In general, the decision-making process will include
protection of native flora and fauna, recurring public costs,
and impacts on adjacent areas. Management programs related
to aquatic preserves, wilderness areas and other state lands
shall be planned and conducted to recognize the benefits of
vital areas. In addition, the recommendation of a local
government with an acknowledged plan will be one basis for
determining the public interest in the lease or sale of state
lands, enhancing the ability of the state to determine, on a
comprehensive basis, that interest. The development of park
and recreation areas will be a major part of the FCMP, and
DNR's authorities for recreation lands will be critical.
DNR's responsibilities for beach renourishment projects will
also be an integral part of the program. The Department
will also assist in the development of the state spoil dis-
posal plan.

The Department of Transportation will be responsible for
conducting activities, particularly its planning and develop-
ment of road projects, consistent with the policies of the
FCMP, especially the policy on Land Transportation. Major
road projects will be coordinated with DER, local government,
and other affected interests at the earliest stage possible to

113

identify potential conflicts. in addition, DOT will assist
in the development of the individual port plans and in the
development of the State Spoil Disposal Plan.

The Division of State Planning, acting as the lead state
planning agency, will assist in the implementation of the
FCMP by utilizing its planning and management authorities
relating to: 1) the Development of Regional Impact (DRI)
process; 2) the A-95 review process; 3) the ten year site
plan requirements; 4) the review of the state budget; 5) the
State Comprehensive Plan; and 6) the Coastal Energy Impact
Program consistent with the Florida Coastal Management Program.

The policies and standards of the FCMP will become stand-
ards for substantive review of coastal DRI's under Ch. 403,
F.S. The Division will work to coordinate the elements of
the State Comprehensive Plan with the FCMP. The Division will
also utilize the policies of the FCMP in the review of the
state budget as authorized in Ch. 23, F.S. The A-95 review
process will be modified by the Division to provide for the
Federal Consistency comments. Finally, the Division will
work with DER to ensure that the standards and allocation
formula of the Coastal Energy Impact'Program are complementary
to the policies of the FCMP.

The Department of Commerce and, in particular, the
Division of Economic Development shall assist in the iden-
tification of suitable development sites and regional and
state port needs. In addition, the Department shall utilize
the policies of the FCMP (in accordance with the policy on
Economic Development) for the implementation of the State
Economic Development Plan as it affects the coastal zone.

The Division of Disaster Preparedness in the Department
of Community Affairs will review local plans and state trans-
portation plans to provide for effective disaster evacuation
consistent with the policies of the FCMP. In addition, the
Department of Community Affairs will be responsible for
modifying the rules in relation to the H-UD 701 grants to give
priority to local governments in the coastal zone who agree
to develop or have developed acknowledged local comprehensive
plans.

The Game and Fresh Water Fish Commission will be respon-4
sible for exercising its authorities under Ch. 372, F.S. to
manage living resources consistent with the policies of the4
FCMP. In addition, the Commission will cooperate with DER in
the development of the state spoil disposal plan.

The Department of Agriculture and Consumer Services will
use its existing Ch. 589, F.S. authorities over agriculture
and forestry consistently with the policies of the FCM-P. The
Department of Health and Rehabilitative Services will be

114

responsible for exercising its existing authorities related
to wastewater management, septic tanks, and mosquito con-
trol consistent with the policies of the FCMP.

In addition to these specific tasks, state agencies in
general will also be involved in the process for reviewing
and acknowledging comprehensive plans for those local govern-
ments which elect to participate in the program. Many will
have special assistance, information, and expertise they can
offer to local governments in the development of their
comprehensive plans.

WATER MANAGEMENT DISTRICTS

The involvement of the five Water Management Districts
relates specifically to their planning and regulatory powers
under Ch. 373, F.S. The Water Management Districts are
presently developing water resource plans which will eventually
become part of the State Water Plan. In addition, the dis-
tricts regulate the use, transfer and consumption of water
through the regulatory authorities vested with them under
Ch. 373, F.S. The participation of the districts is espe-
cially critical because most of the impacts on coastal
resources are a result of, or transmitted via, changes in
water quality, quantity or delivery schedule. The most impor-
tant role of the WMD's will relate to their authorities over
ground and surface waters both within the coastal zone and
within non-coastal, inland areas. In this way, they will
play a prominent role in managing uses, primarily related to
water areas, which are outside of the coastal management area
but which might affect the coastal zone. Their participation
in the program and the consistency of their planning and
regulatory actions with the program policies will be neces-
sary.-

REGIONAL PLANNING COUNCILS

The Regional Planning Councils have been involved in the
development of Florida's Coastal Management Plan since 1975.
This involvement has consisted of developing regional coastal
management programs, providing public input to the state pro-
gram, and assisting the state in the development of the state
0 ~~ program. The continued involvement of the RPC's is important
due to both the geographic extent and the regional differ-
ences of the coastal zone of Florida. The councils will be
encouraged to continue their involvement in coastal manage-
ment as the program moves from the planning to the management
phase. The involvement of the councils will in part consist
of their voluntary adoption of a set of coastal management
policies as the regional coastal management plan or as a part
of the regional comprehensive plan. These policies will have

115

to be consistent with the state policies and comprehensive
in nature. Issues and problems which are addressed by the
state Coastal Management Program and applicable to the region
will also have to be addressed by the RPC's in their policy
development.

Additional responsibilities of the RPC's will include:

1. Regional Planning Councils will provide techni-
cal, assistance upon request to all local govern-
ments within their administrative boundaries.

2. The RPC's will utilize their acknowledged regional
coastal management plan as criteria in the sub-
stantive review of A-95 projects and Developments
of Regional Impact (DRI's). This review will be
particularly important in relation to projects in
the conservation and development areas as they are
generally not subject to state review, and for
inland activity which might affect the coastal
zone. Projects reviewed under the A-95 process
which are inconsistent with the adopted plan
will receive a negative determination of con-
sistency under the provisions of the .CZM~*A. DRI's
which are found to be inconsistent with the
policies would be subject to appeal by the RPC
to Land and Water Adjudicatory Commission
(possibly joined by DER).

3. The RPC's will review local government comprehen-
sive plans for consistency with acknowledged
regional coastal plans. This would form the first
review of local plans in determining their con-
sistency or compatibility with the Coastal Manage-
ment Program. This review and recommendation
would be utilized by DER in making the final
determination for acknowledgement under the
Coastal Management Program.

4. The RPC's will continue the citizen involvement
activities which they have provided. These
activities will help monitor the administration,
progress, and effectiveness of the FCMP, as well
as provide formal opportunities for revision
and update.

S. The RPC's will ensure that all portions of their
region comprehensive plan as well as ongoing
planning programs, such as 208 areawide plans,
are consistent with the FCM4P and their coastal
management policies, when acknowledged as con-
sistent. For instance, many of the RPC's are
now developing 208 water quality management plans.

116

These as well as other regional plans shall be
reviewed by the region for any necessary changes
resulting from the adoption of the FCMP.

6. If local governments wish to participate in the
Coastal Management Program and receive the
benefits it provides, then once a local plan is
adopted and acknowledged as consistent with the
state program, the RPC's would assist in monitoring
the local decision-making process. The RPC's will
also serve on a voluntary basis to coordinate
comprehensive plans between jurisdictions. In
this role they could help identify and avoid
incompatible plans or conflicts between different
units of government.

PRIMARY PORTS

The primary ports of the state are an important part in
the transportation network which links Florida with the rest
of the nation and the world. These ports, which have special
needs due to their locational requirements, are encouraged to
p ~~become part of the Florida Coastal Management Program. This
involvement will be predicated upon their adoption and sub-
mittal for acknowledgement of a port development plan which
is consistent with the policies of the Coastal Management
Program. Upon acknowledgement the port will be designated
a geographic area of particular concern and will be protected
from incompatible development. While the primary role of
ports will relate to the development of their individual port
plans, the ports will also be encouraged to assist the state
in the development and implementation of the state spoil dis-
posal plan.

LOCAL GOVERNMENT

r broad Although the Florida Coastal Management Program provides
bodopportunities for participation by coastal local
governments in the management process, it places few require-
ments on them unless they choose to participate of their own
discretion. Mandatory requirements address their authorities
under Ch. 193, F.S. relating to taxation policies, the
requirement to have plans for activities in conservation areas
address hazards to life and property, and the requirement for
p ~~providing public beach access as a part of beach renourish-
ment projects. The major roles for local government, however,
will result from their voluntary decision to develop and
adopt a comprehensive plan, including a coastal zone pro-
tection element, which is consistent with the objectives,
policies, and standards of the Coastal Management Program.
Upon the review and acknowledgement by DER that a local plan

117

is consistent with the FCMP, a number of benefits will be
provided to the local government.

This participation by local government is important not
only to fully achieve the program policies - some of which
are best addressed through zoning and other local tools - but
to provide the positive dimension to the program. Local
government plans developed consistent with the policies will
identify local needs and resources, provide direction for
growth and development, and reduce permit delays and costs.
Local government plans which are consistent with the FCMP
will provide a way to address land use and public interest in
a comprehensive fashion that does not now exist in permit
reviews. Local participation is also needed to interpret and
apply the policies at the local level and to serve as a check
against inappropriate activities and projects of state and
federal agencies.

As stated previously the involvement of local governments
will depend upon their adoption of a comprehensive plan which
is submitted for review and subsequently acknowledged by the
Department of Environmental Regulation as being consistent
with the program policies. Local governments are now required
by the Local Government Comprehensive Planning Act, Ch. 163,
F.S. to develop comprehensive plans. Moreover, cities and
counties in the coastal zone are required to develop coastal
zone protection elements, which by existing statute are to be
reviewed by DER. Although DER - nor any other state agency-
has the authority to approve these plans, it is desirable
that they be consistent with the FCMP. Local governments
that do choose to participate in the-.Coastal Management Pro-
gram would be expected, as part of those plans, to address
the program policies. New responsibilities that would be
required include the need to review areas for possible res-
toration projects. Also, plans would identify local areas
designated as geographic areas of particular concern by the
state and complement the state's objectives in regards to
these areas. The local plan would also include a hazard
element with specific attention given to the hazards related
to hurricanes. Finally, in plan implementation local govern-
ments will consider the adoption of economic adjustment
mechanisms. During the planning process, local governments
would be given the opportunity to adjust the boundary of the
coastal zone and of the shorefront areas.

Local governments that do choose to participate in the
Coastal Management Program will be eligible for a number of
benefits. These benefits include:

1. Financial, technical, and legal assistance will
be provided to local governments for development
of their local comprehensive plans, in particular
of the coastal zone protection elements (CIZPE's).

118

Direct funding, as well as specialized technical
and legal assistance, will provide enhancement
for local government's capability to meet the
requirements of the LGCPA. It is during the
development of the comprehensive plan that local
government can interpret and apply coastal
policies. Here, for example, they can identify
local needs and determine which shorefront uses
to provide for. Also, resource units (vital,
conservation, development) can be reviewed, re-
fined, and mapped and local government can
p ~~~~establish local geographic areas of particular
concern.

Technical assistance would be in the form of
mapping vital resource areas to a useable local
scale., provision of socio-economic data, pro-
P ~~~~vision of model ordinances (beach access, flood-
plains), development of joint research projects,
informal review and pre-application meetings on
local projects, and provision of source materials
F ~~~~on coastal management. Financial assistance
would consist of direct grants for 1) develop-
P ~~~~ment of elements not presently mandated by the
LGCPA but required as a result of the adoption
of the FCMP for local plan acknowledgement,
2) development of innovative implementation tools
including economic adjustment mechanisms, 3) fund-
ing, after acknowledgement, for special management
needs for both state designated GAPC's and areas
of local concern, and 4) cost-sharing for local
development projects (shoreline access, erosion
control). Legal assistance would include the
development of potential staff ordinances and
assistance if necessary in court challenges.

2. Local governments with an acknowledged plan will
be provided an increased role in state decision-
making processes (i.e. state consistency).
Because local government plans will identify
long-term activities and impacts which have been
reviewed and acknowledged as consistent with the
FCMP, they will provide a means to address local
economic and environmental needs in a balanced
fashion in decisions allocating the use of lands
and waters. The basic land-use issues can be
addressed in a comprehensive fashion in permitting.
These concerns are frequently lacking in tradi-
tional permit decisions. Moreover, because the
plan will identify long-term growth and develop-
ment patterns and projections, cumulative impacts
can be more easily assessed. By reviewing the
plans, state agencies can be assured that a permit

119

granted in one area will not eventually lead to
permits allowing development or destruction in
vital areas. They will be more willing to grant
a permit when it can be placed in the context
of a soundly developed comprehensive plan.

In addition, DER will provide a right of first
review to local governments. Within the time
frame allowed for each permit by statute, and
except as might be restricted by Ch. 380 and 403,
F.S., state agencies will not approve a permit
if local government objects to a permit on the
basis of inconsistency with its local comprehen-
sive plan. In this manner, local government can
determine whether the permit and proposed project
are consistent with local needs and balanced
plans for land use, something which state agen-
cies are now largely constrained from considering.
The state agencies will continue to judge the
technical aspects of state permits. Basically,
the plan and the process for developing it will
decide where certain kinds of development might
be acceptable; the issue during state agency
permit review would be restricted to the technical
conformance to environmental standards.

Other state management decisions which have local
land use implications include the lease and/or
sale of state lands and the classification of
waters of the state. In making these decisions
the state will utilize the acknowledged local plan
as one basis for judging land use and economic
development considerations of the public interest.

3. In a similar fashion local governments with
acknowledged plans will have the opportunity to
participate in the federal consistency process.
Local governments will have the opportunity to
review federal actions, development projects, and
licenses which affect their jurisdiction. The
local government comments and reliance on their
acknowledged comprehensive plans would be a part
of the process in reaching a state decision on
federal consistency. Actions or projects which
could be affected include lease sales of outer-
continental shelf lands; the construction of
Department of Defense installations; water re-
source projects conducted by the Corps of
Engineers; disposal of federal property; and
fisheries management programs. In addition,
federal licenses subject to review would include
licenses or permits for activities such as con-
struction of nuclear power plants; power plant

120

siting; construction and operation of interstate
gas pipelines; exploration and development of outer-
continental shelf lands; and pipeline rights of way
for oil and gas transmission.

4. Local governments will be able to propose new gea-
graphic areas of particular concern for inclusion
in the Coastal Management Program. Areas approved
by the state as GAPC's would then receive the same
consideration afforded to existing GAPC's by state
and federal agencies reviewing, conducting or
financing activities.

It will be of mutual benefit to both state and local
government to have strong local participation in the program.
The state Coastal Management Program will be implemented under
a progressive management approach consistent with adopted
state policies and local needs rather than through a reaction-
ary process dependent solely upon state regulatory and manage-
ment mechanisms. Local regulatory and management tools
including both existing and new innovative tools would
become a major part of the coastal management process. While
much of the program implementation would be at the local
level, the local decision-making process will be monitored
to ensure conformance to the state plan. Local governments
which consistently utilize inappropriate judgement in imple-
menting the program will be subject to loss of funds, dele-
gated authorities, and other benefits. Local governments
would benefit in that they would play a much greater role in
* ~~existing state and federal decision-making processes. In
addition, they would receive technical, financial, and legal
support for development and implementation of their local
comprehensive plans.

121

FEDERAL INTERESTS AND CONSISTENCY

The Coastal Zone Management Act imposes extensive
obligations on the coastal states to coordinate the develop-
ment of their coastal programs with all affected federal
agencies. in addition to providing opportunities for par-
ticipation in all formal reviews by interested federal agencies,
the Act requires that the U.S. Secretary of Commerce not
approve any state program which does not provide for

...adequate consideration of the national
interest involved in planning for, and in the
siting of, facilities... .which are necessary
to meet requirements which are other than
local in nature...(Section 306(c) (8)).

The Secretary of Commerce, under Section 307(b) of the Act,
will also deny approval of any management program ". .. unless
the views of federal agencies principally affected by such
programs have been adequately considered". Finally, the Pro-
gram Approval Regulations also require that the state assess
and balance in its management program the national interest
in the siting of facilities with the national interest in
coastal resource protection. In response to these consider-
ations, the CZMA includes strong provisions to ensure that
federal actions, projects, permits, licenses, and grants will
be consistent with approved state programs.

NATIONAL INTEREST

In light of these explicit requirements Florida has
sought to identify the national interest in its coastal zone
primarily through meetings and correspondence with federal
agencies, other states' coastal management programs, and
regulations issued by the Office of Coastal Zone Management.
Additional input on the national interest will be received
during the remaining months of program development through
formal public hearings and, most importantly, through inten-
sified coordination with individual federal agencies.

Identification of the national interest began early in
program development when Florida developed mechanisms to
coordinate, consult with, and include the participation of
federal agencies. As a part of this participation, affected
federal agencies were asked to specifically identify activities
and considerations of the national interest from their own
perspectives. During the reviews of the Status Report (1976)
and the Workshop Draft of the Coastal Management Program (1977)
they were again asked to review and commen't upon how adequately
the national interest had been considered and to identify
areas where greater consideration was needed.

122

Based on these meetings and requests, a strong national
interest in Florida's coastal zone was identified for the
following facilities and resources:

p ~~~1) National Defense

r ~~~2) Energy

3) Endangered Species (Critical Habitats)

4) Port Development

5) Wetlands Protection

6) Water-borne Transportation

7) Flood Protection

8) Water Resource Management

9) Coastal Hazards and Shoreline Erosion

10) Air and Water Quality Maintenance

These expressions of the national interest have been and will
continue to be considered in the FCDIP in a variety of ways in-
cluding the development and standards of policies, implemen-
tation processes, consistency provisions, and up-date and
revisions of other program and complementary plans.

As a result of federal agency comments and review, the
FCMP has identified, considered, and attempted to balance the
following primary national interests which are of special
importance in Florida:

1) FISH AND WILDLIFE PROTECTION - Florida provides
resources which are unique in the Nation;.

2) RECREATION - of major economic and national
importance,

3) DEFENSE - Of special importance because of
unique geographic position, at one extreme
corner of the Nation;

4) ENERGY PRODUCTION - Florida is now a large energy
importer, but has potential for oil and gas
r ~~~~production;

5) PORT DEVELOPMENT - A large economic and national
impact;

6) HURRICANE AND FLOOD PROTECTION - Florida is
highly susceptible to seasonal storms; and

123

7) BARRIER ISLAND PROTECTION - To maintain their
function in protecting life and property and to
minimize shoreline erosion.

Maintaining the federal coordination efforts will allow for
further refinement of and adjustments to these recognized
national interests. Appendix D presents a list of federal
agencies and their responsibilities affecting coastal manage-
ment which will be the object of further coordination efforts.

Tables IX and X list the national interest in facili-
ties and resources identified in 15 CER 923.52, as well as
the policies that address each of the corresponding uses and
resources which may be in the national interest. Besides
application of the goals and policies, the national interest
will be considered through the development of consistent local
coastal zone protection elements as part of local comprehensive
plans, and the issuance of state permits and licenses.
Finally, the exceptions process specifically provides for
recognition and consideration of the national interest in
balancing potential development activities with coastal re-
source protection.

During program implementation and subsequent to program
evaluation, the FCMP will consider refining the recognized
national interests through continuing coordination and con-
sultation with federal agencies and public input. The FCMP
will also utilize all available federal policy information
including:

1) Presidential policy statements and executive
orders applicable to coastal management including
those on energy, transportation, environmental
protection, recreation and commerce;

2) Subsequent federal laws and legislation;

3) Statements and regulations provided by OCZM;

4) Plans, reports and studies from federal, state
and inter-state groups; and

5) Testimony from public hearings or other public
input.

FEDERAL CONSISTENCY

One of the many benefits accruing to the State of Florida
for its participation in the federal coastal management pro-
gram will be closer coordination of federal and state activities.
This will result in part from the general requirements of the
CZMA for coordination and participation. It will also result

124

TABLE IX

FACILITIES IN WHICH THERE MAY BE A
NATIONAL INTEREST IN PLANNING OR SITING

ASSOCIATED FEDERAL APPLICABLE FLORIDA
USES ASSOCIATED FACILITIES AGENCIES POLICIES AND LAWS

National Defense Military bases and in- Department of Defense, Federal Consistency
and Aerospace stallations; defense National Aeronautics and Policies 1,4,6,14
manufacturing facilities; Space Administration
aerospace facilities

Energy Production Oil and gas rigs, storage, Federal Energy Adminis- Policy 5, Goal 2
and Transmission distribution and trans- tration, Federal Power (Objective 1)
mission facilities; power Commission, Nuclear Policies 6,10,14
plants; deep-water ports; Regulatory Commission, Chapters 377, 380,
LNG facilities; coal Energy Research and and 403, F.S.
mining facilities Development Administration,
Department of Interior,
Department of Transporta-
tion, Corps of Engineers

Recreation National seashores, parks, Department of Interior, Policy 3, Goal 2
forests; large and out- Department of Agriculture (Objective 2)
standing beaches and Policies 10 and 14
recreational waterfronts

Transportation Interstate highways, Department of Transporta- Policy 6
railroads, airports; tion, Department of Policy 9, Goal 2
ports; aids to navigation Commerce, Corps of (Objective 1)
Engineers Policies 10 and 14
Chapters 315, and
334, F.S.

Regional Water Sewage treatment plants; Environmental Protection Policy 7, Goal 1
Treatment Plants desalination plants Agency (Objective 3)

TABLE X

RESOURCES IN WHICH THERE MAY BE A NATIONAL INTEREST

MAJOR RELATED ASSOCIATED FEDERAL APPLICABLE FLORIDA
RESOURCE FEDERAL LEGISLATION AGENCIES POLICIES AND LAWS

Water Federal Water Pollution Environmental Protection Policies 1 & 7
Control Act Agency, Corps of Engineers Chapter 403, F.S.

Air Clean Air Act Environmental Protection Policy 8
Agency Chapter 403, F.S.

Wetlands Federal Water Pollution Corps of Engineers, Chapter 403, F.S.
Control Act, Fish and Environmental Protection
Wildlife Coordination Agency, Department of
Act, Executive Order Interior, Department of
Commerce

Endangered Flora Endangered Species Act Department of Interior, Policies 1,4,10
and Fauna Department of Commerce Chapter 372, F.S.
Chapter 16E-4.02 F.A.C.

Floodplains and Flood Insurance Act, Housing and Urban Develop- Policy 1
Erosion Hazard Executive Order ment, Corps of Engineers,
Areas Department of Agriculture

Barrier Islands Coastal Zone Management Department of Interior, Policies 1,9,10
Act, Executive Order Department of Commerce

Historic Sites National Historic Advisory Council on Policy 10, Goal 2
and Districts Preservation Act Historic Preservation (Objective 2)
Chapters 266 & 267, F.S.

Wildlife Refuges Pitman-Robinson Act; Department of Interior, Policies 1 & 10
and Reserves Dingall-Johnson Act; Department of Commerce
Land and Water Conser-
vation Fund Act

TABLE X (CONTINUED)

MAJOR RELATED ASSOCIATED FEDERAL APPLICABLE FLORIDA
RESOURCE FEDERAL LEGISLATION AGENCIES POLICIES AND LAWS

Areas of Unique National Historic Preser- Advisory Council on Policy I (Restoration)
Cultural vation Act Historic Preservation Policy 10
Significance

minerals Mineral Leasing Act Department of Interior Policy 4
Chapters 211, 253 &
258, F.S.

Prime Agricul- Homestead Act Department of Agriculture Policy I
tural Lands

Forests National Forest Manage- Department of Agriculture, Policy I
ment Act Department of Interior

Living Marine Fisheries Conservation Department of Commerce, Policies 1,4,7,10
Resources and Management Act Department of Interior Chapters 370 & 372,
F.S.

from the requirements which the federal act places on federal
agencies for consistency. The CZMA provides that, except in
special circumstances, federal actions and programs affecting
Florida's coastal zone must be in compliance with the coastal
management program. The federal consistency requirements
of the CZMA represent a unique opportunity for the
coastal states to assume leadership roles in the manage-
ment of their coastal resources and activities, and sub-
sequently, to have federal programs and activities comply
with approved state management programs. In one respect,'
these provisions may be viewed as a quid pro quo for the re-
quirements that the federal agencies participate fully in the
development of management programs, and for the adequate con-
siderations of the national interest.

Sections 307(c) (1), (2), (3) and (d) of the CZMA
provide:

(c) (1) Each federal agency conducting or supporting
activities directly affecting the coastal
zone shall conduct or support those activities
in a manner which is, to the maximum extent
practicable, consistent with approved state
management programs.

(2) Any federal agency which shall undertake any
development project in the coastal zone of a
state shall insure that the project is, to
the maximum extent practicable, consistent
with the approved management programs.

(3) .. .any applicant for a required federal license 4
or permit to conduct an activity affecting land
or water uses in the coastal zone of the state
shall provide in the application... that the
proposed activity complies with the state pro-
gram and that such activity will be conducted
in a manner consistent with the program.

(d) Federal agencies shall not approve proposedI
(financial assistance) projects that are in-I
consistent with a coastal state's management 4
program.~

These unique provisions of the federal law are important
to Florida since they will promote greater coordination and
cooperation among federal, state and local governments. Most
importantly, federal consistency will provide the State of
Florida and participating local governments with an effective
mechanism for determining the use of coastal resources as these
may be affected by federal agency actions and programs. In
this way, the CZMA federal consistency provisions will, in most
cases, extend the requirements of this program to federal

128A

agencies as well. This is one of the most important benefits
of the FCMIP.

Federal consistency requirements can be outlined accord-
ing to whether the applicable federal program is:

1) a federal license or permit including a federal
license or permit for activities described in
OCS plans;

2) a federal agency grant or financial program; and

3) a federal agency conducted activity or develop-
ment project.

Specific requirements for consistency and the review pro-
cesses differ for each of these categories. However, the
review process and determination of federal consistency will
always be based on the following items:

1) the FCMP goals and policies;

2) selected state statutes;

3) specific management programs and policies for
designated GAPC' s;

4) local government comprehensive plans which have
been acknowledged as being consistent with the
policies and standards of the FCMP; and

5) opportunity for full public participation.

In response to the requirements of the federal CZMA and imple-
mentation regulations (15 CFR 930), Florida proposes the
following procedures for making consistency determinations.

Federal Licenses and Permits

The federal consistency provisions of the Coastal Zone
Management Act require that federal licenses and permits be
certified by the state as consistent with its management pro-
gram before they can be issued. Table XI lists those federal
licenses and permits for activities affecting Florida's coastal
zone which will be subject to certification by the Florida DER.

Florida has determined that issuance of these federal
licenses and permits could significantly affect Florida's
coastal zone. All federal licenses or permits issued for these
activities in or affecting the coastal zone except, for re-
licensing of existing facilities without substantial change,
will be subject to certification for consistency.

129

TABLE XI

FEDERAL LICENSE AND PERMIT SUBJECT
TO CONSISTENCY CERTIFICATION

AGENCY LICENSES AND PERMITS CITATION

Department of Defense Permits required under Sections 10 33 U.S.C. 403-413
(U.S. Army Corps of and 11 of the River and Harbor Act
Engineers) of 1899

Permits required under Section 103 33 U.S.C. 1401-1444
of the Marine Protection, Research
and Sanctuaries Act of 1972

Permits required under Section 404 33 U.S.C. 1344
of the Federal Water Pollution
Control Act of 1972, as amended

Environmental Protection Permits and licenses required under 33 U.S.C. 1342
Agency Sections 402 and 405 of the Federal 33 U.S.C. 1345
Water Pollution Control Act of 1972,
as amended

Permits and application for re- 42 U.S.C. 1857
classification of land areas under
regulations for the prevention of
significant deterioration of air
quality

Permits required under the Ocean 33 U.S.C. 1412
Dumping Act

Department of Transportation Permits for construction and modifi- 33 U.S.C. 401
cation of bridges and causeways in
navigable waters (Coast Guard)

TABLE XI (CONTINUED)

AGENCY LICENSES AND PERMITS CITATION

Department of Transportation Hazardous substances and materials 33 U.S.C. 419
(Continued) (Coast Guard)

Deep-water Port License (Coast 15 C.F.R. 158 et.seq.
Guard)

Nuclear Regulatory Commission Permits and licenses required for
siting and construction of nuclear
power plants

Federal Power Commission Permits and licenses required for 43 U.S.C. 717
construction and operation of inter-
state gas pipelines and storage
facilities

Permits required for construction 15 U.S.C. 717a et.seq.
and operation of facilities needed
to import or export natural gas

Permits and licenses required for
power plant siting and transmission
lines

Department of Interior Permits and licenses required for
drilling and mining on public lands

Permits and approval of exploration, 43 U.S.C. 1331
development and production plans in
areas leased under OCS Lands Act

Permits for pipeline rights of way
for oil and gas transmissions

If, in the course of program implementation and through
the program evaluation process, it is determined that the
issuance of other federal licenses and permits causes signif-
icant impacts on coastal resources, consideration will be
given to expanding the consistency requirements. Before any
additional license or permit is added, DER will coordinate
and discuss the matter with the issuing federal agency, state
agencies and other affected interests.

Florida desires to utilize a process for reviewing con-
sistency which avoids constructing new or additional review
processes. For this reason, the state will consider the
issuance of a state license or permit (if one exists) for an
activity as a de facto determination of consistency for any
of the corresponding federal licenses or permits listed in
Table XI. That is, because 'the state license or permit will
be consistent with the FCMP, certification of federal consis-
tency can be presumed upon receipt of the corresponding state
permit or license. The state's responsibility for most counter-
part permits rests with DER; in a few cases permit procedutes by
other state agencies will be utilized. If no state agency
issues a corresponding license or permit for the federal
licenses and permits listed in Table XI, DER will be respon-
sible for coordinating the application for federal consistency.
After receiving comments from other state agencies and affected
local governments, regional councils, water management districts
and the public, DER will make the final consistency determination
and forward it to the federal agency.

In all cases, state agencies will review their permit
procedures and provide public notice and the opportunities for
public comment and a public hearing if appropriate. For those
federal licenses or permits without a counterpart state permit,
DER will provide public notice. Joint public hearings by
state and federal agencies that issue corresponding permits
will be utilized whenever possible. Other public hearings, if
considered necessary, will be the responsibility of the state
agency granting the comparable permit, or if there is no
corresponding permit, the responsibility will rest with DER.

According to Section 307(c) (3) (b) of the CZMA, all
federally licensed or permitted activities described in detail
in OCS plans and which affect ". ..any land use or water use in
the coastal zone..*." shall be conducted in a manner consistent
with the state's coastal management program. This section of
the CZMA further requires any person who submits an OCS
exploration, development or production plan to the Secretary
of the Interior to attach a consistency certification relative
to affected state coastal zone management programs. No federal
permit or approval will be issued until all affected states
concur with the consistency certification.

132

In Florida, DER will make the state's final decision for
concurrence or objection to the consistency certification.
As with licenses and permits, DER will involve all affected
parties; it is anticipated that DNR, the Florida Game and
Fresh Water Fish Commission, the Division of State Planning,
the Department of Community Affairs, and the affected regional
and local government interest would play a substantial role
in the review of such proposals. The procedures used and the
negotiation and conflict resolution mechanisms will be those
described in Subpart H of the Federal Consistency Regulations
(15 CFR Part 930). As provided in those regulations, conflicts
between a state and an applicant for OCS plans may be
appealed to the U.S. Secretary of Commerce.

Throughout this process, applicants will be strongly
encouraged to discuss developing OCS plans at an early stage
in order to preclude the delays inherent in any objection or
appeals process. As a result of developing the FCMP, DER has
information and data regarding potential OCS onshore impacts
which would be useful to potential applicants. Open dis-
cussions and sincere negotiation at early planning stages
will serve as the bases for efficient implementation of this
provision. DER proposes to utilize a group similar to the
Cabinet's Big Cypress Advisory Committee for oil and gas
permitting.

Except in the event of a finding to the contrary by the
U.S. Secretary of Commerce, if Florida finds that a proposed
activity is contrary to the FCMP, then the federal license or
permit may not be issued. An affirmative finding that the
proposed activity is consistent with the FCMP will constitute
a strong presumption about the approvability of the activity,
however, under current federal regulations, such state action
does not bind the federal agency to issue the license or permit.

Federal Grants and Financial Assistance

The second federal consistency provision involves state
and local government applications for federal assistance under
other federal programs affecting Florida's coastal zone. This
provision is significant from two standpoints. First, the
wasteful expenditures of public funds that are inconsistent
with the FC14P will be precluded. And second, the goals and
objectives of the FCMIP can be enhanced and, in many cases, more
readily achieved through proper implementation of federal
funding programs. A finding of consistency by the state, how-
ever, will not require that the project be funded.

The Department of Environmental Regulation will utilize
the Projects Notification and Review System of 0MB Circular
A-95 authorized under Title IV of the Intergovernmental Act
of 1968 to review these applications to assure consistency

133

with the FCMP. The Bureau of Intergovernmental Relations
within the Division of State Planning, which administers the
A-95 process in Florida, will ensure a consistency determi-
nation has been made before approving any project while
adhering to the procedures outlined in 0MB Circular A-95.
The Bureau of Intergovernmental Relations, in conjunction with
the Department of Environmental Regulation, will prepare
information and procedures to provide for the consistency
review within the existing A-95 process. The actual determi-
nation of federal consistency for federal funding projects will
be made by the Secretary of DER, according to the criteria
listed on page 125.

If any comments are received as a result of the A-95 re-
view suggesting that a project is inconsistent, then the
Bureau of Intergovernmental Relations will convene a conflict
resolution meeting which will include the concerned parties,
representatives of DER, and, if appropriate, the applicable
federal agency. The meeting will attempt through negotiation
to modify the proposal to remove any inconsistencies. If the
differences cannot be resolved to the mutual satisfaction of
all reviewers, then DER will analyze all comments and make
the final determination of consistency. Any remaining con-
flicts can be addressed through the appeals process. In any
event, no federal assistance may be granted until the Depart-
ment's consistency objections, if any, are satisfied or over-
turned through the appeals mechanism.

Federal Activities and Development Projects

The third consistency provision of the CZMA requires
federal agencies to determine whether their activities or
development projects directly affecting the coastal zone are
consistent to the maximum extent practicable with the FCMP.
Activities on excluded federal lands that impact Florida's
coastal zone beyond the boundaries of the federal properties
will be subject to this provision. Federal activities that
are landward or seaward of the coastal zone and that directly
affect the coastal zone will also be subject to the consistency
requirements. The Federal Consistency Regulations provide that
"...all federal activities including development projects
directly affecting the coastal zone are undertaken in a manner
consistent to the maximum extent practicable with approved
state coastal management programs" (15 CFR 930.30).
Three major issues exist regarding consistency of federalI
actions. They are:

1) What activities are, in fact, subject to con-
sistency;

2) Who applies the consistency test; and

134

3) What are the criteria for judging consistency?

In general, the federal agency responsible for an
activity or development project will be responsible for
determining whether it directly affects the coastal zone.
in determining what activities may directly affect the
coastal zone, the agency should consider the potential
impacts on:

- coastal waters, including water quality,
quantities, flow rates, hydroperiod, seasonal
fluctuations, circulation, and the mixing and
interface of fresh and salt water;

- living resources of the coastal zone, including
productivity, diversity, dynamics, and important
features such as habitat, feeding grounds,
nursery areas, spawning grounds, nesting sites,
migratory routes, etc.;

- use of the coastal zone, especially recreational
use, aesthetics, and water-dependent uses and
patterns of use;

- socio-economic impacts including population
growth and distribution; provision of community
supplies, services and facilities; employment;
r ~~~~tax base; economic diversity; and energy use
and conservation; and

- the limitations the action would impose on
future use alternatives and options in the
coastal zone.

In general, activities and development projects as con-
ducted by any federal agency are considered as directly
affecting the coastal zone if they involve:

- land acquisition in the coastal zone;

- waste discharge into coastal waters;

- alterations to visual conditions (on federal
lands) as seen from outside the federal property;

- activities affecting fresh and salt water mixing,
water quality, quantity, hydroperiod, seasonal
fluctuations, or circulation or other criteria
consistent with Chapter 17-3, F.A.C.;

- road construction in shorefront areas;

- timber harvest in shorefront areas or wetlands;

135

- construction of new federal buildings which
affect any of the policy concerns identified
in the FCMP, especially secondary impacts;

- large scale construction including large in-
creases in impermeable surfaces; and

- other activities that due to size, location
or manner of construction directly affect
coastal resources.

Certain federal activities and development projects can
be identified as usually affecting the coastal zone. Represen-
tative examples of such federal activities and development
projects include the following:

Department of Defense dredge, fill, develop-
ment or construction
in all coastal waters

water management and
erosion control struc-A
tures in coastal waters

locations and design of
new defense installations
and facilities

Department of Commerce fisheries management
programs

Department of Interior BLM Outer Continental
Shelf lease sales and
approval of field develop-
ment plans

Department of Transportation location and design of
new Coast Guard facilities
including lighthouses

General Services disposal of surplus
Administration federal lands

Other activities should be examined according to the concerns
listed above.

Furthermore, any federal activity can be considered as 4
directly affecting the coastal zone if the activity causes sig-
nificant

1) changes in the manner in which waters, lands or
other coastal resources are used;

1 3 6~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*

2) limitations on the range of uses of coastal
zone resources; and

3) change in the quality of coastal zone re-
sources.

The consistency review should occur as early as possible
in the planning or development process. It is important to
review the project prior to a time when a particular course
of action is committed. After making the determination, the
federal agency will inform DER of its review and conclusions.
In particular, the agency should highlight any problems it
has identified, and areas where it might not be practicable
to be consistent. This review should also form the basis
for the determination of the project's impacts on plans as
required by NEPA.

Florida will use the EIS, negative declaration, and A-95
review mechanisms as. the primary means to monitor federal
activities and development projects and their associated
* ~~federal consistency determinations. The recent amendments to
the A-95 process provide special opportunities for the review
of federal consistency determination. DER with the partici-
pation of appropriate state agencies, applicable local govern-
ments and other interested parties and utilizing the A-95
process as administered by the Bureau of Intergovernmental
Relations, can review the notice for concurrence of consistency.

In the case where a federal agency has developed a com-
prehensive plan for the management of certain of its activities
and resources in Florida's coastal zone, it may seek a state
consistency determination for the plan. If the plan is found
to be consistent, then a proposed project fully described in
the plan would be exempted from additional consistency reviews.

The criteria for assessing consistency of federal activi-
ties and development projects are the basic policies and
standards fundamental to Florida's Coastal Management Program.
These criteria will be applied by federal aaencies in
determining the consistency of their actions as well as by
state or local agencies in their reviews of the federal
determination.

Effective and efficient implementation of this provision
will depend upon the good faith effort of all parties, early
and full involvement and assessment, sharing of information,
and sincere negotiations. Although the CZMA provides for
mediation by the Secretary of Commerce in cases of disagree-
ments between the state and a federal agency, every effort
should be made to resolve the differences informally and as
early as possible to preclude unnecessary escalation to the
Secretary of Commerce.

137

If DER identifies any activity or development projects
directly affecting the coastal zone that it considers incon-
sistent with FCMP, it will meet with the federal agency and
attempt to resolve differences through negotiation. Other
state agencies, local governments and the general public are
encouraged to assist the DER by identifying inconsistent and
potentially inconsistent federal activities and projects.
Should the issue not be resolved through negotiation, the
n~atter will be referred to the Secretary of Commerce for
mediation pursuant to Section 307 (h) of the CZIYTA and Subpart
G of the Federal Consistency Regulations. In any disagreement,
the applicable federal agency is responsibile for demonstrating
the consistency of its activity or development project with
the FCMP.

USES OF REGIONAL BENEFIT

The CZMA requires that state coastal management programs
provide "for a method of assuring that local land and water use
regulations within the coastal zone do not unreasonable re-
strict or exclude land and water uses of regional benefit"
(Section 306 Ce) (2)). Florida considers that uses which have
a benefit beyond the boundary of a single jurisdiction are
uses of regional benefit. Such uses would include specific
uses identified in the program policies, many uses associated
with the national interest, and most developments of regional
impact. ]Florida presently has several mechanisms for
addressing these uses.

Under Chapter 380, F.S.,.certain defined activities
having impact on more than one county are subject to regional
and state review. Under this process, the state may overturn
local decisions found to unreasonably interfere with achieve-
ment of the objectives of the adopted state comprehensive plan
or the recommendations of the regional planning agency. The
policies of the FCMP would serve as specific standards for
making these decisions. Because onshore oil and-gas support
activities are not DRI's, and because they are also potential
uses of regional benefit, the FCMP proposes that they be
adopted as DRI's.

Under the Power Plant Siting Act (Chapter 403, Part II,
F.S.), a process is provided whereby electrical generating
plants are subject to site Plan requirements and state
certification. This process is intended to ensure that
decisions affecting the location and operation of electrical
power plants fully balance considerations for electric power
with the broad interests of the public. Issuance or denial of
state certification constitutes final adminstrative action as
to that particular application.

138

Chapter 380, F.S., also includes a section enabling the
state to designate areas of critical state concern. Although
usually associated with environmental protection, this section
also enables the state to designate areas critical for develop-
ment reasons. Although the critical area provision is currently
being contested in court, it could also provide an overview
for addressing uses of regional benefit.

Finally, a judicial remedy also exists, whereby the court
system can review government actions alleged as unreasonable.

The state coastal management program will utilize all of
these processes to meet federal requirements regarding uses
of regional benefit.

PROPERTY ACQUISITION

Although the Florida Coastal Management Program has been
designed to avoid a taking, and although acquisition will not
play a major role in implementation of Florida's program,
suitable and effective authority exists at local and state
r ~~levels of government for the acquisition of, or obtaining an
interest in, property as may be necessary to achieve conformance
with the objectives of the FCMP. The authority, depending on
the level of government and the purpose for acquisition,
includes the power to purchase and condemn property, obtain
easements, receive gifts, exchange land and provide tax
incentives through special assessment laws. These authorities
include:

STATE:

1) The Board of Trustees of the Internal Improvement
Trust Fund is authorized to acquire certain sub-
merged lands by condemnation (Chapter 253.02, F.S.)

2) Water management districts are authorized to
acquire land needed for right-of-way or other
purposes by denotion, lease, purchase or con-
demnation (Chapter 373, F.S.)

3) The DNR, Division of Parks and Recreation, may
acquire by purchase, lease/purchase or other
terms, land needed for outdoor recreation, wild-
life management, forestry management, nat~ure
preservation, and water conservation.
although condemnation powers are not provided for
these purposes, land and water areas may be
acquired by eminent domain procedures if
necessary for preservation of floodways and
water storage areas, boating and navigation

139

channels and right-of-ways for use of any
outdoor recreation and conservation areas.
(Chapter 373, F.S.)

4) The DNR administers the Land Conservation Pro-
gram which establishes a fund for the purchase
of endangered land. (Chapter 259, E.S.)

5) The DER may acquire land and water areas for
water preservation and restoration projects
under Chapter 403, F.S.

LOCAL:

1) Counties have broad powers of condemnation in
acquiring property for any county purpose.
(Chapter 127, F.S.)

2) Counties are allowed to acquire property through
purchase, lease, lease/purchase, and exchange.
(Chapter 125, F.S.)

3) Municipalities of the state are authorized the
powers of condemnation related to acquiring
streets, parks, drainage areas, utility lines
and for protecting the public health or abating
a nuisance.1

SPECIAL ASSESSMENT AUTHORITIES

To maintain agricultural and forestry land in their pro-
ductive capacity, counties are required to assess property
utilized for agricultural purposes as agricultural lands
(Chapter 193.461, F.S.). In addition owners of land which
is utilized for outdoor recreational or park purposes may
convey the development rights of these lands to counties or
stipulate that these lands will be utilized for recreational 4
purposes for a minimum of ten years. Upon conveyance the
property shall be assessed according to the value of its
present use. Recreational and park purposes are broadly con-
strued to include boating, camping, swimming, horseback riding,1
and historical, archaelogical, scenic or scientific sites
(Chapter 19'3.501, F.S.). The same chapter also requires that
areas designated as Areas of Critical State Concern be re-
evaluated according to the level of regulation imposed. It1
also provides the general capability for local governments to
include the limits on the potential for use resulting from1
regulatory programs as a basis for determining just valuation.
The FCMP recognizes this particular tool as an economic
adj ustment technique.

14 0

Finally, wilderness areas may be leased by the state
for a minimum period of fifty years. Lands leased by the
state as wilderness areas are subject to lower tax assess-
ments (Chapter 258.23, F.S.).

AIR AND WATER POLLUTION CONTROL

The CZMA requires that state coastal management plans
must include air and water pollution control requirements
established by the Federal Water Pollution Control Act, as
amended, and the Clean Air Act, as amended. Florida's
Coastal Management Program incorporates these requirements
in a variety of ways.

First, the policies on Water Resources (#5) and Air
Resources (#6) are related to and result from the specific
responsibilities and objectives of the state programs
F ~~administered by DER for air and water pollution under Ch. 403,
F.S. In addition, the authorities and responsibilities pro-
posed in Policy I (Resource Protection, Preservation,
Development, and Restoration) also derive in large part
r ~~from existing regulatory control over water quality exer-
cised under Ch. 403, F.S.

The FCMP will also rely upon state and federal water
quality requirements as the means of reducing or avoiding
man-induced sedimentation into coastal waters (Policies 1 and
5). The program calls special attention to these particular
problems so that they can be given appropriate attention in
the development of 208 plans in coastal areas.

Finally, the air and water pollution programs and the
Coastal Management Program will all be administered by the
same agency, DER. This will enable consistent and effective
coordination of the programs in a compatible and complementary
fashion.

141

VI. PROGRAMI COORDINATION AND PUBLIC IINVOLVEMIENT

Congress, in enacting the Coastal Zone Management Act,
envisioned a state-level planning and management program that,
via coordination and participation, would involve all inter-
ested and affected governmental agencies and the public in
the planning and management process. The excerpts below
clearly demonstrate the intent of Congress:

The Congress finds and declares that it is the
national policy ... (d) to encourage the partici-
pation of the public, of Federal, state, and
local governments, and of regional agencies in
the development of coastal zone management programs.
(Section 303, CZMA)

Coordination with governmental agencies having inter-
ests and responsibilities affecting the coastal zone,
and involvement of interest groups as well as the
general public are essential elements in the develop-
maent and administration of a coastal management pro-
gram. (15 CFR, Part 923.50)

The strong coordination and public involvement require-
ments of the federal CZM4A are reinforced and complemented by
Florida legislation. Chapter 370.0211, F.S., which preceded
the federal Act by some two years, provided for "... a
coordinated effort of interested federal, state, and local
agencies of government..." and for public dissemination of
coastal zone information. In 1977, the Florida Legislature
again emphasized coordination by stating "... management
of the state's coastal zone will require a highly coordinated
effort among state, regional, and local officials and agen-
cies" (Ch. 77-306, Laws of Flori da). This legislation also
declared that participation by Florida citizens should be an
important factor in the coastal planning process.

The program coordination and public involvement effort
to date has been a significant consideration in the develop-

14 3

ment of the Florida Coastal Management Program. A summary
of the progress made is provided in the discussions that
follow.

PROGRAM COORDINATION1

The comprehensive nature of Florida's proposed Coastal
Management Program, coupled with the intent to build upon
existing authorities and programs, required a substantial
commitment to intergovernmental coordination. This coordi-I
nation effort was initiated in 1970 with the establishment of
the position of Program Coordinator. In 1974, after receipt
of federal coastal zone planning funds, a second program1
coordination position was established. Following reorganiza-
tion in 1975, the program coordination section was expanded
to include information services and special projects coordi-I
nation. The primary thrust behind intergovernmental coordi-
nation was fivefold:

1. To identify interested and affected governmental
entities, to inform them of the progress of the
Coastal Management Program, and to solicit and
respond to their comments on proposed program
elements;

2. To identify specific programmatic responsibilities
and authorities of governmental agencies within
Florida's coastal zone;

3. To evaluate governmental authorities that could
be used to best achieve the purposes of coastal
management;

4. To propose the means by which governmental authori-
ties could best interface for implementation of a
coastal management program; and

5. To identify governmental sources of information
and technical data useful to Florida's coastal
planning and management program and to obtain,
where possible, this information and data.

Coordination has been achieved at all levels of govern-
ment. A summary of the effort at the various levels is
provided in the material that follows:

STATE LEVEL COORDINATION

The CZ-MA places the major responsibility for achieving
sound coastal management squarely upon the shoulders of state

1441

government. The establishment and maintenance of state
agency coordination links has been, therefore, of highest
priority.

The coordination relationships with state agencies have
been ongoing since 1971 when a letter 'from the Chairman of the
Coastal Coordinating Council was sent to each state agency
that was involved in coastal zone activities asking that they
name a liaison person for coastal zone planning. Communica-
tion with the persons designated was established on a one-on-
one basis.

The State Interagency Advisory Committee on Coastal Zone
Management (IAC) was established in 1975 as a more formal
means of securing state agency input into the coastal manage-
ment planning process. The Committee, made up of represen-
tatives from all affected state agencies, initiated its work
in October, 1975, and has provided a great deal of substan-
tive assistance to the coastal planning effort, especially in
the area of policy development.- The Co-mmittee also reviewed
and discussed at length other elements of the proposed program
such as boundaries, geographic areas of particular concern,
and program implementation alternatives. Recent meetings of
the Committee have provided the coastal planning staff with
assistance in revising the policies and other elements proposed
in the Florida Coastal Management Program Workshop Draft.
Appendix C contains a list of agencies involved in the activi-
ties of the Interagency Committee and the dates on which the
Committee met.

Another means used to attempt to gain program coordina-
tion has been the execution of formal contracts with key state
management agencies, i.e. Division of State Planning, Depart-
ment of Legal Affairs, and the Department of Environmental
Regulation (when the program was administered by the Depart-
ment of Natural Resources). The purpose of these contracts
was to allow the agencies to evaluate the programs they
administer relative to implementation of the coastal manage-
ment program. The contracts have assisted the coastal plan-
ning staff to identify authorities which need to interact
within the network of coastal resource management.

r ~~~Other state-level coordination activities which the
Bureau of Coastal Zone Planning has participated in include
the following:

-Prior to 1975, participation in permit meetings
V of the Trustees of the Internal Improvement Trust
Fund and the Department of Pollution Control for
r ~~~~projects proposed within the coastal zone;

r - ~~~Participation in the A-95 Clearinghouse review
process and weekly A-95 Clearinghouse meetings;

145

-Participation on the Interagency Planning Committee
for Environmentally Endangered Lands;

-Participation on the Interagency Committee for State
Wilderness Areas;

-Review of coastal management projects of other state
agencies;

-Provision of information and technical data assistance,
upon request, to various state agencies and legisla-
tive committees;

-Participation on advisory committees and provision
of review and comment on draft elements of the State
Comprehensive Plan;

-Cooperation with the Division of State Planning and
the Department of Community Affairs in providing
planning assistance relevant to the Local Government
Comprehensive Planning Act; and

-Provision of information and data to the Governor's
Task Force on Coastal Zone Management (1977) and to
the select Subcommittee on Coastal Zone Management of
the House Government Operations Committee (1977).

In addition to the past effort'of state agency coordina-
tion, new coordinative linkages will be needed in order to
fulf ill the requirements for program implementation. The
formal linkages necessary to effectively manage the state's
coastal resources are discussed in Chapter V. Informal coordi-
nation with interested and affected agencies will be continued
through both one-on-one communication and the IAC. It is
anticipated that the IAC will serve as both an informal con-
flict resolution body and as a means of providing program
evaluation at the state agency level.

REGIONAL AGENCY COORDINATION

Coordination and interaction with regional entities,
especially Regional Planning Councils, has been an important
activity of the state coastal planning effort. As extensions
of local government, the Regional Planning Councils (RPC's)
serve as sources of professional planning expertise and pro-
vide a direct link to local governmental bodies.

Beginning in October 1974, contractual work programs
were initiated with the RPC's within the coastal zone. Since
that time, the RPC's have been continually involved in coastal
planning activities. These activities include the following:

146

1. Establishment of regional Coastal Zone Management
Citizens Advisory Committees (CAC's). Each RPC
was contractually obligated to set up and adminis-
F ~~~~ter a citizens advisory committee representing the
various coastal interests within their region (a
discussion of the work of the CAC's and further
information concerning their make-up is included
in the section on citizen involvement and in
Appendix C);

2. Collection and analysis of baseline coastal manage-
ment data. During the first two contract years,
the RPC's collected, analyzed and assimilated a
r ~~~~great deal of coastal baseline data. Working in
partnership with the Bureau of Coastal Zone Planning,
r ~~~~the regions gathered information regarding popula-
tion, economics, support services, land use, land
r ~~~~ownership, legal structure, deepwater ports, and on-
shore impacts of offshore oil exploration and exploi-
tation. This data has been mutually beneficial to
the Bureau and the RPC's, as well as to units of
local government;

3. Local government assistance. One of the benefits
derived from RPC involvement in the coastal planning
program has been the development of regional coastal
management expertise. Contractual arrangements
between the Department and the RPC's strongly encour-
age the regions to utilize this expertise in assist-
ing local governments with coastal management problems.
This expertise is also of benefit to other regional
programs, i.e. DRI and A-95 review of projects in
the coastal zone;

4. Response and comment to elements of the proposed
coastal management program. RPC members, repre-
senting local government, and staff have been asked
to comment on proposed elements of the coastal
management program, providing assistance in the
development of the program; and

5. Public information programs. One of the tasks under-
taken by the RPC's has been to conduct public infor-
mation programs on coastal zone management. These
have included county-wide public meetings, workshops,
presentations to county commissions, and presenta-
tions to private interest groups and citizens organ-
izations. During the last half of 1977, the RPC's
assisted in developing and publicizing the regional
workshops held by DER.

All of the RPC's have specific program activities which
have been recognized and incorporated into Florida's Coastal

147

Management Program. Some of the activities that bear directly
on coastal management include: DRI review and comment; local
government planning assistance and review; and regional A-95
Clearinghouse coordination and review. Discussion as to the
role of RPC's in implementation of the Florida Coastal Manage-
ment Program is included in Chapter V.

Other regional governmental entities with management
responsibilities and authorities within the coastal zone, such
as the Water Management Districts, must be incorporated into
a coordinated coastal management program. Coordination with
the Water Management Districts has been initiated, but the
present degree of interaction will need to-be increased if the
important water resource management authorities are to be
effective in assisting the implementation of the coastal man-
agement program.

LOCAL GOVERNMENT COORDINATION

The greatest opportunity for effective coastal management
resides within local governmental agencies. Florida's "home
rule" provisions allow local governments to exercise a wide
array of resource management authorities (except in areas
specifically exempted by state statute). Additionally, the
Local Government Comprehensive Planning Act provides local
governments with the opportunity to become actively involved
in coastal resource management. County and municipal govern-
ments are often in the best position to judge local resource
management goals and objectives, and it is anticipated that
the coastal protection elements developed as part of local com-
prehensive plans will reflect the environmental and economic
needs of the local citizenry.

Other than local government coordination through the RPC's
and CAC's, there'ha~s been no formal local coordination program.
Because there are over 225 local governmental entities included
within the coastal planning boundary, and because the coastal
planning staff has been small, it has not been possible to
work with all local governments on a direct and regular basis.
The Bureau of Coastal Zone Planning has made direct contact
with a great many county commissions and city councils. These
contacts have been made through coastal management presenta-
tions, provision of technical data and special planning assist-
ance, and through the organizations representing city and
county government (Florida League of Cities, Florida Asso-
ciation of County Commissioners). A partial list of special
assistance provided to local government is included in
Appendix C.
Regional Planning Council staff members have kept local
governmental agencies informed as to the progress of the
coastal management program as a part of their contractual

148

responsibilities with the Department. A number or regions
have established Technical Advisory Committees for Coastal
Zone Management made up of staff members from city and county
F ~~planning departments. These committees have provided the
Bureau of Coastal Zone Planning and the RPC's with ongoing
assistance since 1975. Another part of the RPC contractual
agreements has involved dissemination of coastal planning
products to local government. As an example, RPC's were
directed to provide all local governments within their region
with copies of the Florida Coastal Management Program Workshop
Draft. Comments on the material presented in the workshop
draft were received from a great many local governmental
officials, and these comments assisted DER in the revision
of the program in preparation for submission to the Legis-
lature.

The coordinative role of local government in implementa-
tion of the program is discussed in Chapter V.

Other local governmental and quasi-governmental bodies,
such as port authorities, must also be integrated into the
overall coastal management process. The Bureau of Coastal
Zone Planning initiated contacts with the governing bodies
and staff members of all of Florida's deepwater ports in 1976.
Regular communication with the port authorities has been main-
tained since that time. The important role ports and other
similar facilities play in maintaining Florida's economic
well-being is well recognized. These water dependent facil-
ities will be subject to direct impact from the adopted
* ~~coastal management program, and it was felt essential that
they be provided an opportunity for full participation in the
* ~~planning process.

FEDERAL AGENCY COORDINATION

The federal CZMA and its attendant guidelines formally
established the requirement for federal/state interaction
during both the development (Section 305) and the implemen-
tation (Section 306) of a state's coastal management program.
The Congressional call for substantive federal participation
* ~~in the development of a state's program was preceded in
Florida by the coordination provisions of Ch. 370.0211, F.S.

During the period between 1971 and the initial partici-
pation in the federal coastal zone program in 1974, coordina-
tion was conducted with some twenty-three federal agencies.
Copies of all publications generated by the coastal planning
program were sent to Congressional and federal agency con-
tacts for review and comment.

In October 1974, Florida's coastal planning program began
formal participation in the federal program. Involvement in

149

this federal program brought not only additional funds for
coastal planning but some specific coordination require-
ments as well.

The federal rules and regulations promulgated pursuant
to the CZMA specify six elements that necessarily involve
extensive state/federal interaction. They address:

1. "excluded federal lands" and the consistency of
federal actions within these areas relative to
an approved coastal management program;

2. "federal consistency" relative to permitting and
funding activities of federal agencies;

3. consideration of the "national interest" in
energy facilities siting when the impact is of
greater than local concern;

4. the strengthening of coordinative mechanisms for
state/federal consultation in areas of key mutual
concern, such as air and water quality, endan-
gered species (critical habitat), wetlands, and
the hurricane flood zone;

5. the location and utilization of existing informa-
tion and data, to the extent applicable, rather
than conducting unnecessary independent research;
and

6. the establishment of a conflict resolution pro-
cess for federal activities within the coastal
zone.

The subjects of excluded federal lands, federal consist-
ency, national interest in the siting of energy facilities,
and the conflict resolution process are discussed in other
portions of this document. The Department of Environmental
Regulation has been working with federal agencies for some
time in the development of coordinative mechanisms for state/
federal coordination in areas of key mutual concern. This
effort will be continued, and expanded, and coastal management
considerations will be added to the factors included in any
coordinative agreements. Both the coordinative agreements
between DER and EPA and the joint permitting procedures that
are being developed with the U.S. Army Corps of Engineers
are examples of present coordination efforts within DER.

Many federal agencies conduct their activities in concert
with one or more state agencies (i.e. U.S. DOT/Fla. DOT).
The establishment of coordinative linkages with federal agen-
cies and programs, therefore, is not only essential to the

150

interfacing of the state coastal management program with
ongoing federal activities, but is often a required ingre-
dient for successful coordination with other state agencies.

The location and utilization of existing data and infor-
mation has been a continuous process since the initiation of
coastal planning in Florida. Data provided by the U.S.
Geological Survey and the U.S. Department of Agriculture's
Soil Conservation Service has been of considerable assistance
in the development of the coastal management data base.

Since 1974, liaison has been established with approxi-
mately 100 federal agency contacts in close to 30 federal
agencies. These federal agencies have been asked to provide
the information necessary to map the federally controlled
lands that are to be excluded from the coastal zone and to
provide to the Bureau of Coastal Zone Planning their agency's
concerns relative to "national interest" considerations. All
materials prepared by the Bureau for distribution have been
sent to federal agency contacts for review and comment.
Forty-two letters of comment were received from federal agen-
cies in response to the workshop draft of the proposed pro-
gram. Federal comments have been accommodated where possible
in the revision process.

Presentations on the emerging coastal management program
have been made to the Federal Regional Council (southeast
region), to the U.S. Department of Agriculture Soil Conser-
vation Service (Florida staff), to the staff of the U.S. Army
Corps of Engineers, Jacksonville District, and to other
federal agency groups. The coastal planning staff has often
worked with federal officials on a one-on-one basis in
reviewing specific projects or plans.

In summation, state/federal coordination relative to
Florida's Coastal Management Program has been continuing
since 1971. Such coordination and interaction is not only a
legal requirement, but a practical requirement that must be
relied upon throughout both program development and implemen-
tation if Florida is to have an effective coastal resource
management program.

Ap~pendix C contains a list of federal agencies that the
Bureau of Coastal Zone Planning has worked with in the
development of this proposed management program.

INTERSTATE COORDINATION

Although neighboring states and multi-state organizations,
such as the Coastal Plains Regional Commission, have been
kept informed of the progress of the Florida Coastal Management

151

Program, no formal coastal management coordination mechanism
has been initiated to date. The Georgia Assembly is presently
considering coastal management legislation which establishes
a boundary and enables a coastal commission to develop
management policies. Alabama has enabling legislation for
a coastal management program, but no specific boundaries or
policies have been developed as yet.

Because the coastal management programs in all three
states are still tentative, it is difficult to assess at this
time the nature of needed interaction. The boundaries between
Florida and its neighboring coastal states are bodies of water,
indicating that the primary coordination considerations will
need to be in the areas of water quality and water-use classi-
fication and the utilization of living marine resources.

It appears that present water quality classifications are
compatible in Florida water areas that interface with the
waters of Georgia and Alabama. Florida classifies both the
St. Mary's River and Perdido Bay as Class III (Recreation)
Waters; Georgia classifies the St. Mary's River as "Recreation";
and Alabama's classification for Perdido Bay is also "Recrea-
tion". once the states' coastal management programs are
approved, any changes in water classification in boundary
waters will need to be coordinated with neighboring states in
order to fulfill CZMA requirements.

The Florida Department of Natural Resources and the Game
and Fresh Water Fish Commission indicate that there are no
major problems concerning the utilization of marine resources,
such as the taking of finfish and shellfish, in the state's
boundary waters. Those problems that do exist will be.
addressed cooperatively in the regional fisheries management
plans now being developed by the two regional fisheries
councils which include Florida and its coastal neighbors.

Past history demonstrates that cooperative efforts with
Georgia and Alabama have been successful. Georgia and Florida
worked closely together in 1968-1969 to establish the bound-
ary in the St. Mary's River estuary. In 1970, a Federal/
Florida/Alabama task force was established to provide recom-
mendations for the improvement of water quality in Perido
Bay. The task force developed a -number of recommendations
and, as a result of interstate cooperation, many of the recom-
mendations have been implemented and the quality of water in
the Bay has been improved.

It is anticipated that coordination efforts with Georgia
and Alabama will be formalized following submission of the
proposed Florida Coastal Management Program to the Legislature.
Contact will be made with program managers in these neighbor-
ing states to coordinate with them those elements of the

152

Florida program that may need to interface with the develop-

ing programs of Georgia and Alabama.

CITIZEN INVOLVEMENT

One of the requirements of Florida's 1970 coastal
planning legislation was "to provide a clearing service for
coastal zone matters by collecting, processing, and diSsemi~na-
ing pertinent information relating thereto." In response
to this legislative directive, public information and efforts
to involve the public in Florida's coastal planning program
were initiated shortly after the program was established. An
expanded public participation program was initiated in 1974
in order to fulfill the extensive public involvement require-
ments of the federal CZMA. The public involvement effort
was again expanded and accelerated in 1977 following passage
of Ch. 77-306, Laws of Florida, which re-emphasized the need
for substantial public participation.

PUBLIC INFORMATION AND INFORMAL PUBLIC PARTICIPATION

Beginning in November 1970, a monthly newsletter was
published that provided information to the public regarding
coastal planning and management activities in the state, in
other states, and at the federal level. The first issue of
the newsletter solicited reader response to the material
presented and asked for ideas and comments regarding coastal
planning activities. Requests for response from readers
were continued throughout the life of the newsletter.

Using both the newsletter and direct mailings to indi-
viduals and organizations, public input has been requested
on a number of specific subjects. These include: a request
for suggestions regarding estuarine areas suitable for nomi-
nation as estuarine sanctuaries; a request for suggested
"1unique environmental features" for inclusion on the bio-
physical maps; a questionnaire sent to over 500 citizens of
Monroe County regarding coastal management problems in the
Florida Keys; a request for comments and suggestions regard-
ing a policy for residential can~al development; and a request
for a response to the nomination of Rookery Bay as an
estuarine sanctuary. Excellent response was received on all
of these requests.

Presentations on the planning methodology and other
aspects of the coastal planning program were initiated by the
coastal planning staff in 1971. Every presentation made
emphasized the point that suggestions and recommendations
would be welcomed and considered in the development of the

15 3

coastal management program. Since the inception of the
coastal planning effort, well over 300 such presentations
have been made to a variety of audiences including conserva-
tion groups, real estate appraisers and developers, petro-
leum and power plant interest groups, chambers of commerce,
planning associations, and local government agencies.

Over 25 documents have been published and distributed
by the coastal planning agency in the last seven years.
These publications, with the exception of the 1972 Florida
Coastal Zone Management Atlas, were distributed free of charge
upon request. Private, for-profit organizations were charged
on a cost basis for copies of the Atlas. All of the published
materials have been placed in public and university libraries
for referral and use by citizens of Florida. Some of the
publications which have received a great deal of comment and
response are listed below, accompanied by the number of copies
that have been distributed:

- Coastal Zone Management in Florida - 1971 (and
subsequent annual reports). 5000 copies of
each report.

- Florida Coastal Zone Management Atlas. (1972)
750 copies.

- Recommendations for Development Activities in
Florida's Coastal Zone. (1973) 5000 copies.

- Florida Keys Coastal Zone Management Study. (1974)
500 copies.

- Florida Regional Coastal Zone Management Atlas
(9 volumes) and accompanying textual material.
(1976) 2400 regional volumes have been distributed.

- Florida Coastal Zone Management Program (Section 305):
Status Report to the Governor and Cabinet. (Jan.
1977) 1500 copies.

- Florida Coastal Zone Management Program: What, Why,
How, Who. (July 1977 brochure) 100,000 copies.

- Florida Coastal Management Program: Workshop Draft.
(Nov. 1977) 7000 copies.

A form letter asking for comments and/or questions regarding
the material in the publication was often included as part
of the mail-out. Public response to these documents has
provided assistance to the planning effort. Appendix C con-
tains a list-of all documents published during the development
of the FCMP.

154

As part of the public information effort, and to assist
in developing the coastal management program, a coastal zone
information center/library-was established at an early date.
The library is open to the public and is used by other state
agencies, legislative staff, consultants, students, and others
interested in the subject material. Library materials are
often used in responding to requests for specific coastal zone
information. A monthly list of publications received in the
library is distributed to approximately 150 persons who have
requested it.

The coastal planning staff has often worked on a one-on-
one basis with a number of interest groups in developing
educational materials and programs. Materials and staff time
have been provided to such groups as the League of Women
Voters, Audubon Society, Sierra Club, etc.

Materials and assistance have been provided to faculty
members and students interested in coastal planning and manage-
ment. A number of junior colleges and universities in the
state offer environmental science, planning, and other courses
which include a section on coastal resource management. By
assisting in the development of these courses, the Bureau has
been able to stimulate additional interest and involvement in
the program.

information and materials have been provided by the
Bureau staff and used as the basis for a number of excellent
newspaper and magazine articles on Florida's coastal zone
and its problems. Numerous requests for further information
have been-received as a result of these articles, and further
citizen interest was generated.

THE FORMAL PUBLIC PARTICIPATION PROGRAM

In 1974, following receipt of the first federal grant,
part of the public involvement effort became more formalized.
Each regional planning council participating in the program
was asked to establish a Citizens Advisory Committee for
Coastal Zone Management (CAC) made up of representatives from
(at a minimum) the following interest groups:

Commercial/sport fishing
Tourism and motel/hotel interests
Construction/home building
Conservation organizations
Science/education
Industry
Business/commerce
City and county government
General public

155

The CAC's began meeting on a regular basis early in 1975
and have been actively involved in the planning process since
that time. In some regions, county CAC's were established in
addition to the regional group. The CAC's provided assist-
ance to the developing coastal management program by reviewing
and commenting on proposed program elements and by developing
coastal management policies which reflected the needs of the
regions. Well over 800 people have been involved in this
portion of the citizen participation effort. It is anticipated
that the CAC's will continue to play an important role through
refinement and support of regional policies in the implemen-
tation of the Florida Coastal Management Program. Appendix C
contains material indicating the make-up of the regional CAC's
and a record of their meetings.

Regional Planning Council members and staff have, in
addition to establishing and providing support to the CAC's,
assisted in the public information/participation effort by
publicizing coastal zone materials in their newsletters and
annual reports; encouraging media coverage of CAC meetings and
coastal planning developments; responding to requests for
coastal zone information; and assisting to arrange and pub-
licize the regional public workshops that were held in Decem-
ber, 1977.~ Financial support for these tasks was provided by
CZMA funds passing through to the RPC's by the Bureau of
Coastal Zone Planning.

A state-wide citizens advisory committee was established
in the fall of 1977. This committee, appointed by DER
Secretary Landers to assist the Department in developing a
program that would represent the concerns of all affected
interest groups, has met four times. It has reviewed in detail
major issues such as the program boundaries, policies, and
implementation authorities and has proven to be an excellent
source of comment and suggestions for revisions to elements of
the program. A list of the members of the committee is
included in Appendix C.

Following the publication of the Florida Coastal Manage-
ment Program Workshop Draft, twelve regional workshops were
held during December, 1977. These workshops were widely
advertised, and over 1200 interested citizens participated in
them. Many valuable comments and suggestions were received
at the workshops and well over 250 letters providing written
comment were received by mail following the workshops. All
of the comments received were considered in the revisions made
to the proposed program previous to submission of this Legis-
lative Draft.

Appendix C contains a list of the dates and places of the
regional workshops.

156

SUMMARY

As the material above indicates, the public's right to
know about and participate in the planning process has been a
major consideration since the beginning of coastal planning
in Florida. Based on the assumption that an informed public
will be a concerned public, a great deal of time and money has
been expended to provide information an the developing program
to the citizens of the state and to actively solicit their
input. The program as presented in this Legislative Draft is
the result of that information and participation effort.

157

GLOSSARY

NOTE: The following definitions are included for both your
convenience and to reflect on how these words and terms
are used in this document. It should also be noted that
many other words and terms are defined where they are
used in the text.

ACTIVE RESTORATION: See RESTORATION

AQUACULTURE: The culture of marine or aquatic species under
either natural or artificial conditions.

AQUATIC PRESERVES: Submerged or tidal areas identified and
designated by the Florida Legislature which have excep-
tional biological, aesthetic, educational, and/or
scientific value, with the intent of setting them
aside forever as preserves or sanctuaries for the
benefit of future generations (Chapter 258, F.S.).

BARRIER ISLANDS: Thin, elongated islands, usually parallel to
the shoreline, formed of unconsolidated sediments
(mostly sand), separated from the mainland by estuaries
and wetlands. Exceptional wave force, wind and tidal
energies, and ocean flooding are the predominant factors
which shape and regulate the barrier island ecosystem,
creating a dynamic and ever changing system.

BEACH: Gently sloping areas of loose material (e.g., sand,
gravel, and cobbles) that extend landward from the low-
water line to a point where there 'is a definite change
in the material type or land form, or to the line of
vegetation.

CLASS I-V WATERS: Waters of the state classified according to
the most reasonable beneficial use pursuant to Chapter
403, F.S. and implementing rules (Chapter 17-3, F.A.C.).

COASTAL CONSTRUCTION SETBACK LINE: A line established by the
Florida Department of Natural Resources to prevent or
reduce beach erosion and damage to coastal life and
property (Chapter 161, F.S.). It is designated as 50 feet
inland from MHW unless otherwise established through a
survey and consideration of natural beach processes.

159

COASTAL MANAGEMENT: The broad mix of research, data collection
and analysis, technical assistance, land use planning,
coordination, conflict resolution, regulatory or other
governmental actions which are needed to ensure the
wise utilization and protection of coastal resources

COASTAL RESOURCE: See RESOURCE

COASTAL ZONE: That area of Florida whose boundaries extend
seaward to the limits of the state's jurisdiction as
defined by law, westward to the Alabama border, north-
ward to the Georgia border, around those portions of
the state border contiguous to marine waters and
inland to the extent necessary to manage uses which
have a direct and significant impact on coastal waters.
The inland limit of the coastal zone boundary is based
on existing resource types and conditions, hazards to
use and the relationship of anticipated uses and their
impacts on coastal waters. For the purposes of this
program, the coastal zone excludes federal lands, and
is defined in Plate I of the Florida Coastal Management
Program document.

COASTAL ZONE PROTECTION ELEMENT: An element of a local govern-
ment comprehensive plan, required of all local govern-
ments in the coastal zone pursuant to Chapter 163.3177
(6) (g) , F.S.

CONSERVE: To manage in a manner which avoids wasteful or
destructive uses and provides for future availability.

CONSERVATION AREAS: Include those areas of the coastal zone
which have moderate resource benefits; or which have
substantial benefits that are less susceptible to
adverse effects from alterations or use than are vital
areas; or the use of which poses significant hazard to
life and property. See Conservation Areas in text
for additional discussion and listing of conservation
categories.

CULTURAL RESOURCE: See RESOURCE

DENSITY BONUS TRANSFER: A land use management technique which
allows a developer or landowner a greater density than
zoned on part of his land in exchange for an agreement
to preserve open space in an environmentally sensitive
area.

DEVELOPMENT: Bring about growth or availability; constructing
or altering a structure; conducting a mining operation;
making a material change in the use or appearance of
land creating or terminating rights of access.

160

DEVELOPMENT AREAS: Those areas in the coastal zone not
identifiled as vital or conservation, which have intrin-
sic suitability for development or agriculture or which
can be developed, if modified, with minimum loss of
resource values or hazard to life and property. For a
discussion and listing of such areas see Implementation
of Policy 1.

DEVELOPMENT OF REGIONAL IMPACT (DRI): Any development which,
because of its character, magnitude, or location, would
have a substantial effect upon the health, safety, or
welfare of citizens of more than one county (Chapter
380, F.S.).

DUNE: A ridge, mound, or hill of sand which extends parallel
to the shoreline along sandy coasts formed by wind and
waves.

DUNE, ACTIVE: A dune that migrates, grows and dimin-
ishes from the force of wind and supply of sand.
Active dunes include all open sand dunes, active
hammocks, and active foredunes.

ECOSYSTEM: The living and non-living components of the
environment which interact or function together, in-
cluding plant and animal organisms, the physical envi-
ronment, and the energy systems in which they exist.
All the components of an ecosystem are interrelated.

ENERGY FACILITY: See PRIMARY ENERGY FACILITY

ESTUARY: A body of water semi-enclosed by land, connected
with the open ocean, and within which salt water is
usually diluted by fresh water derived from the land.
The estuary includes: a) estuarine water; b) tide-
lands; c) tidal marshes; and d) submerged lands.
Estuaries extend upstream to the head of tidewater.

FORESTRY: The science of developing and maintaining forests
and the benefits they produce, including 1) the pro-
duction of trees and the processing of forest products;
2) open space, buffers from noise, and visual separa-
tion of conflicting uses; 3) watershed protection and
wildlife and fisheries habitat; 4) soil protection from
wind and water; 5) maintenance of clean air and water;
6) outdoor recreational activities and related support
services and wilderness values compatible with these
uses; and 7) grazing land for livestock.

161

GEOGRAPHICAL AREAS OF PARTICULAR CONCERN (GAPC): Geographic
areas or resources within the coastal zone which will
receive special management consideration in the
Florida Coastal Management Program. For a discussion
and listing of such areas see Implementation of Policy
10.

HIGH INTENSITY RECREATION: See RECREATION

IMPLEMENTATION STANDARDS: Enforceable criteria, standards,
and procedures for requiring action by agencies of
government to carry out, administer, or implement
policies of the Florida Coastal Management Program.

INTERTIDAL AREAS: Those areas between the levels of mean low
water springs (MLWS) and mean higher high water springs
(MHHWS). The size of the intertidal area is determined
by the tidal range, the slope of the shoreline, and the
degree of exposure of the site to wind, wave and storm
surge.

LAND TRANSPORTATION FACILITIES: Those land surface modes of
conveyance commonly used to move people and goods
through or over land, or to support land facilities for
air and water transportation (e.g., highways, roads,
bridges, railroads, bicycle, pedestrian paths, mass transit
and pipelines). See Implementation of Policy 9 for
additional discussion.

LOCAL GOVERNMENT: Any county or municipality or any special
district or local government entity established pur-
suant to law which exercises regulatory authority over
and grants development permits for land development
(Chapter 163, F.S.).

LOW INTENSITY RECREATION: See RECREATION

MAINTAIN: To support, keep, and continue in an existing state
or condition without decline.

MARINE GRASS BEDS: Both nearshore and offshore submergent
vascular plant beds which may extend to depths greater
than 10 meters (33 ft.) in clear waters. The pre-
dominant marine grass species found in Florida coastal
waters are Turtle-grass (Thalassia testudinum), Cuban
Shoalweed (Diplanthera wrightii), and Manatee-grass
(Syringodium filiformus).

162

MEAN HIGH WATER (MHW): The average height of the daily high
tides over a 19 year period. This measurement is used
in the computation of the Coastal Construction Setback
Line.

MEAN HIGHER HIGH WATER SPRINGS (MHHWS): The average height
of the highest tide each month (i.e. during syzygy),
as recorded over a 19 year period, or a computed
equivalent period.

MEAN LOW WATER SPRINGS (MLWS): -The average height of the
monthly lowest low tide (i.e. during syzygy), as
recorded over a 19 year period, or a computed equiva-
lent period.

MOSQUITO CONTROL: The abatement or suppression of mosquitos
and other arthropods, whether disease-bearing or merely
pestiferous, by biological, chemical or physical means.

NATURAL RESOURCE: See RESOURCE

NON-RENEWABLE RESOURCE: See RESOURCE

ONSHORE FACILITIES TO SUPPORT OFFSHORE OIL AND GAS DEVELOPMENT
AND PRODUCTION: Those facilities used in the construction,
maintenance, operation and support of offshore oil and
gas development and production, including related
transportation, storage and conversion facilities.

OPTIMUM SUSTAINABLE YIELD: The amount of use of a resource
that will provide the greatest benefit determined by
balancing the capacity of the resource to renew itself
against the intensity of the use as modified by any
relevant edonomic, social, or ecological factors.

PASSIVE RESTORATION: See RESTORATION

PRESERVE: To save from change or loss other than those caused
by natural geological and evolutionary processes, and
reserve for a special purpose.

PRIMARY ENERGY FACILITIES: Energy facilities which have
direct and significant impacts on coastal resources.
These include but are not limited to the following:

1. Electric generating plants including fossil or
biomass fuels, nuclear power, direct solar energy,
ocean thermal energy conversion, tidal or wave
power, wind power, or geothermal energy.

163

2. Petroleum refineries and associated facilities.
3. Gasification plants.
4. Liquified natural gas (LNG) and LNG related
facilities.
5. Uranium enrichment or nuclear fuel processing
facilities.
6. All facilities related to the exploration,
development and production of offshore oil and
gas resources including associated onshore
support facilities.
7. Facilities including deepwater ports for the
transfer of petroleum.

PRIMARY PORTS: Ports which have an authorized channel depth
in excess of 32 feet or which play a significant:
role in navigation and transportation. The following
are defined for purposes of the Florida Coastal
Management Program as primary ports:

1. Port of Jacksonville 6. Port of Key West
2. Port Canaveral 7. Port Manatee
3. Port of Palm Beach 8. Port Tampa
4. Port Everglades 9. Port Panama City
5. Port of Miami 10. Port of Pensacola

This list is subject to adjustment during program
implementation.

PROTECT: Save or shield from loss, destruction, or injury or
for future intended use.

PUBLIC BENEFITS (OR LOSSES): Those combined social, economic
and environmental gains (or losses) which accrue to
(or are taken from) the public because of a use or
activity and its resulting effects.

PUBLIC INTEREST: Those conditions which actually or poten-
tially result in benefit to the public� at large.
Decisions regarding public interest should be made only
after full consideration of all available pertinent
information, including but not limited to adopted state
and local goals and objectives, demonstrated service
needs, water quality, public costs and liabilities,
hazards, economics, aesthetics, irretrievable commit-
ment of natural resources, and maintenance of ecological
systems.

PUBLIC NEED: A measure of demand constrained by a resource's
carrying capacity (limits and capability) and balanced
by: 1) existing or potential competing uses and 2) a
framework of influencing conditions and circumstances
such as opportunity, awareness, and financial ability
to fulfill the need.

164

RECREATION: Any experience voluntarily engaged in largely
during leisure time from which the individual
derives satisfaction.

LOW INTENSITY RECREATION: Does not require devel-
oped facilities and can be accommodated with-
out change to the area or resource (e.g.
canoeing, hunting, hiking, wildlife photo-
graphy, and beach and shore activities can be
low intensity recreation).

HIGH INTENSITY RECREATION: Use specially build
facilities, or occurs in such density or form
that it requires or results in a modification
of the area or resource (e.g. campgrounds, golf
courses, public beaches, and marinas).

RENEWABLE RESOURCE: See RESOURCE

RESOURCE: Naturally occurring or culturally produced entity
which is valued for its existing or potential useful-
ness to man.

COASTAL RESOURCE: A natural or cultural resource in
or of the coastal zone.

CULTURAL RESOURCE: A resource made, constructed or
refined by man and society.

NATURAL RESOURCE: Air, land, water and living re-
sources and the elements thereof produced by or
resulting from nature. Natural resources may
be renewable or non-renewable.

NON-RENEWABLE RESOURCE: Those natural resources that,
once used or exhausted, cannot be replaced.
Commonly used with commodity type resources such
as coal, petroleum, natural gas, etc.; this term
may also be used to describe biological, loca-
tional and amenity type resources susceptible to
exhaustion through extinction, site occupancy or
alteration of natural conditions.

RENEWABLE RESOURCE: Those resources which, if managed,
used, and harvested properly, can replenish them-
selves at a rate equal to the rate of consumption.
They are usually biological or living resources.
In a broader sense, uses and benefits which can
be used indefinitely without loss or decline.

RESOURCE LIMITATION: The constraints placed upon re-
source utilization by the policies of the Florida
Coastal Management Plan.

16 5

RESOURCE TOLERANCE: The intrinsic ability of a
resource to absorb stress or alteration.

RESTORE: Revitalizing, returning, or replacing original
attributes and amenities, such as natural biological
productivity, water quality, and aesthetic and
cultural resources, which have been diminished or
lost by past alterations, activities, or catastrophic
events.

ACTIVE RESTORATION: Involves the use of specific
positive remedial actions, such as removing
fills, installing water treatment facilities,
or rebuilding deteriorated urban waterfront
areas.

PASSIVE RESTORATION: Restoration which occurs as
a result of natural processes, sequences,
and timing, or which occurs after the removal
or reduction of adverse stresses without
other specific positive remedial action.

SALINITY REGIME: Refers to the overall dynamic behavior of
the freshwater/saltwater mixing process in an estuary.

SECONDARY ADVERSE IMPACTS: Unfavorable physical, biological,
social economic, chemical or other consequences
resulting more from the primary consequence of an
action than from the action itself.

SHOREFRONT: That area extending inland a distance of 100
feet from the shoreline, or as otherwise determined
in an acknowledged local government comprehensive
plan.

SHORELINE: The immediate interface of land and water; the
mean high tide line in non-vegetated areas and the
landward extent of "marine species" of vegetation
as listed in Chapter 17-4, F.A.C.

SPOIL ISLANDS: Are artificial islands created with dredged
material, resulting from disposal of material created,
resulting from, or as waste products of creating,
maintaining, or deepening channels, harbors, prots,
or other such projects. They provide important rec-
reational and habitat values. Their management is
also important because of the adverse impacts
mismanagement can have on water quality and sedimen-
tation. They are state owned and are under the
jurisdiction of Chapters 253 and 372, F.S.

SUBSTRATE: The medium upon which an organism lives and grows.
The surface of the land or bottom of a water body.

16 6

TAX RECAPTURE PROVISION: A procedure that permits an owner
of developmentally restricted land to apply for a
special classification that allows land to be taxed
at less than market value.

TERRITORIAL SEA: In Florida, the ocean and seafloor area
from mean low water seaward three nautical miles on
the Atlantic Coast, and extending seaward three
marine leagues on the Gulf Coast.

TRANSFER OF DEVELOPMENT RIGHTS: The separation and transfer,
through free market practices (with local government
review), of the development rights or development
potential associated with one parcel of land, to
another parcel. Through the sale and purchase
(transfer) of development rights, land owners may be
equitably compensated for governmental restrictions
placed upon their land without the expenditure of
public funds, via the purchase of these "lost" devel-
opment rights by other land owners for lands with
lesser development restrictions which would acquire
a greater development potential.

USE HAVING DIRECT AND SIGNIFICANT IMPACT: Any land or water
use or activity which will or can reasonably be
r ~~~~expected to: 1) result in alteration of the physical,
chemical, radiological, or biological properties of
coastal waters,; 2) affect any use of coastal resources;
3) affect public health, safety or welfare; or 4)
result in irretrievable commitments of coastal re-
sources. Positive as well as negative impacts are
included.

USE OF REGIONAL BENEFIT: Any use which can be shown to pro-
vide substantial public benefits beyond the county in
which it is located, (i.e. state parks, aquifer re-
charge areas, primary ports, etc.).

VESTED RIGHT: Present fixed rights which cannot be interfered
with by retrospective laws, which is proper for the
state to recognize and protect, and which cannot be
deprived arbitrarily without injustice.

VITAL AREAS: Those natural resources of the coastal zone
identified as having major ecological, hydrological,
physiographic, or socio-economic importance to the
* ~~~~public at large, and which are therefore resources of
statewide significance, and are generally (but not
inclusively) already subject to state regulatory pro-
grams. All of these areas provide substantial benefits
to the state and public. Moreover, these areas cannot
be developed without so altering the resouce that the
benefits are lost or significantly diminished. (See
also Vital Area discussion and category listing in text.)
167

WATER DEPENDENT: A use or activity which can be carried
out only on, in, or adjacent to water areas because
the use requires access to the water body for water-
borne transportation, recreation, energy production,
or source of water.

WATER-RELATED: Uses which are not directly dependent upon
access to a water body, but which provide goods or -
services that are directly associated with water-
dependent land or waterway use, and which, if not
located adjacent to water, would result in a public
loss of quality in the goods or services offered.
Except as necessary for water dependent or other
water related uses or facilities, residences, parking
lots, spoil and dump sites, roads and highways,
restaurants, businesses, factories, and trailer
parks are not generally considered dependent on or
related to water location needs.