Wekiva River Aquatic Preserve management plan

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

DRAFT

WEKIVA RIVER AQUATIC PRESERVE

MANAGEMENT PLAN

DECEMBER 1986

Dr. Elton J. Gissendanner

Executive Director

Department of Natural Resources

This plan was prepared by
-The Bureau of Land and Aquatic Resource Management
Division of Recreation and Parks

Preparation of this management plan was primarily supported by a grant from
the U.S. Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration, and the Florida Department of Environmental
Regulation, the Office of Coastal Management, through the Coastal Zone Manage-
ment Act of 1972 as amended.

QH
90.75
16
W45
1986

TABLE OF CONTENTS

Chapter Page

1. INTRODUCTION ........................................ 1

Ii. MANAGEMENT AUTHORITY ................................ 7

III. MAJOR PROGRAM POLICY DIRECTIVES ..................... 18

IV. RESOURCE DESCRIPTION ................................. 22

1. The Resource Setting ........................... 22

A. Historic Notes ............................. 22

B. Present Population Characteristics ........ 24

C. Economic Development Issues ............... 27

D. Land Use and Infrastructure ............... 29

2. Natural Systems and Their Components ........... 34

A. Wekiva River Basin ........................ 34

B. The Aquatic Environment ................... 41

C. Plant Communities ......................... 44

D. Wildlife ....................... I........... 45

E. Summary of Natural Systems ................. . 46

V. RESOURCE MANAGEMENT ................................. 48

A. Introduction ..................................... 48

B. Resource Issues ................................. 48

C. Water Quality ............ ...................... 52

D. Living Natural Resources ....................... 56

Chapter Page

E. Cumulative Impact ...................... o..o ..... 59

F. Administrative Goals ........................... 62

Vi. MANAGEMENT IMPLEMENTATION NETWORK ......... o..o ...... 65

A. Federal .............. o.o..o .................... 65

B. State o........... o ............................ 67

C. Regional ....................................... 73

Do Local Governments and Special Districts ........ 74

E. Other Entities ........... o.o ..... o..o ........... 77

VII. PUBLIC USES .......................... o .............. 78

A. Consumptive Uses ............................... 78

B. Non-Consumptive Uses ........................... 79

VII 1. PRIVATE NON-COMMERCIAL USES o..o ... o ................. 80

IX. COMMERCIAL USES ............................... oo .... 83

A. Traditional Commercial Uses o ................... 83

B. Non-Traditional Commercial Uses ................ 84

X. SCIENTIFIC RESEARCH ..o .............................. 85

xi. ENVIRONMENTAL EDUCATION ............................. 86

X11. IDENTIFIED PROGRAM NEEDS ......... o.o ................ 88

A. Acquisition of Additional Property ............. 89

B. Boundary Problems and Systems Insufficiences ... 89

C. Legislative Needs- 90

Do Administrative Rule Chanoes ........ o ........... 90

E. Data (Information) Needs ....................... 90

F. Resource Protection and Enforcement Capabilities 91

Go Funding and Staffing Needs ...... o ............... 92

Chapter Page

REFERENCES CITED .............................................. 94

CONTENTS OF APPENDICES ........................................ 98

Chapter I

INTRODUCTION

This plan addresses the management of the Vlekiva River Aquatic Preserve,

located in Lake, Volusia and Seminole Counties, in central Florida. This

Aquatic Preserve is one of the 39 officially designated preserves in the

statewide system (Figure 1).

Of the Aquatic Preserves in Florida, Wekiva River is one.of only two spring

fed preserves, the other is Rainbow Spring in Marion County. It is the larger

of the two and contains approximately 19,000 acres of wetland within its

boundary. This environmentally sensitive and unique preserve harbors a

variety of freshwater plant species, including floating, submerged and

emergent types. These plants serve to stabilize bottom sediments, shoreline

areas, and they provide food and shelter for a myriad of fish and other

wildlife.

The Wekiva River Aquatic Preserve (Figure 2) is bounded by State Road 44 in

the north. It continues south until it intersects Rock Springs Run. The

preserve includes the St. Johns Riverfrom State Road 44 until it turns east

and crosses 1-4 where the boundary of the preserve ends.

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AQUATIC
77
PRESERVES

AOUATIC PRESERVES ARE ESTABLISHED
BY THE FLORIDA LEGISLATURE AND
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LANDS.
THE GOVERNOR AND CABINET SITTING
AS TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
AOUATIC PRESERVES CONTACT;

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF RECREATION AND PARKS

BUREAU OF LAND AND AOUATIC
RESOURCE MANAGEMENT
3I)OD COMMONWEALTH BLVD
TALLAHASSEE, FLORIDA 32303

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Figure 2.

The boundary line of Figure 1 represents the gross boundary of the aquatic

preserve. The actual preserve includes those sovereignty submerged lands

located waterward of the mean high water line within this boundary area. This

aquatic preserve will be managed to emphasize maintenance and enhancement of

the existing conditions. As more site specific information becomes available,

essentially natural conditions shall be identified and resources in disturbed

areas restored to that condition where possible.

The Wekiva River is designated and will be managed as both an aquatic preserve

and an Outstanding Florida Water (OFW). Note: the bounda ry was recently

extended, and the new, part has not been given the OFW designation yet. The

actual aquatic preserve includes those sovereignty submerged lands located

waterward of the ordinary high water line (ohw) within this boundary area.

Outstanding Florida Waters are to be managed emphasizing the maintenance and

enhancement of existing water quality conditions. As more site specific

information becomes available, essentially natural conditions shall be

identified and resources in disturbed areas restored to that condition, where

possible.

Until April 1985 management o f the preserve was provided by the staff at Rock

Spring Reserve. At this time a full-time OPS biologist was hired and

stationed at the Lower Wekiva River State Reserve. This person is responsible

for onsite management of Wekiva River Aquatic Preserve. The original position

is to be expanded to career service by December 1986. Currently,

administrative management involves the Division of Recreation and.Pa rks'

personnel (both in the field and in Tallahassee) and the Division of State

Lands' personnel. These personnel cooperate in the review of applications for

use of state-owned and related.activities surrounding the preserve and

interact with various government and non-governmental entities, interest

groups, and individuals.

The cent ral office coordinates activities with field personnel including

project review and evaluation, local contract initiation, contractual

services, conflict resolution and routine support (payroll, operating

expenses, etc). Central office staff also develop administrative rule

additions, deletions and revisions.

On-site management includes evaluations of projects applying for use of

state-owned lands (i.e. dock permits, dredge and fill, etc.), research and

evaluation of preserves, public interaction, emergency response, etc.

A major component of the aquatic preserve management is project review and

evaluation. Central office staff review all proposed activities requiring the

use of state-owned lands within the preserve. These activities are reviewed

according to requirements established in Sections 2158.42 and 258.44, Florida

Statutes (F.S.). These sections require that projects be basically water

dependent or water enhanced, not contrary to the lawful and traditional uses

of the preserve, and not infringing upon the traditional riparian rights of

the upland property owners.

This plan is divided into chapters according to their management application.

Chapter 11 cites the authorities upon which this management program and plan

are built. Chapter III (Major Program Policy Directives) highlights the major

policy areas that are within this plan. Chapter IV presents a brief resource

description.

Chapter V presents the management objectives of both the on-site managers, who

actually work in the preserve, and the administrative staff in Tallahassee.

Chapter VI addresses how-this plan will interface with loca 1, regional, state,

and federal agencies and programs; as well as its relevance to

non-governmental organizations, interest groups, and individuals.

Chapter VII through IX address the various uses, from public to private to

commercial. Chapters X and XI address the use of the aquatic preserve for

scientific research and environmental education, respectively.

Chapter XII is an internal management improvement section identifying problems

and needs in the progressive improvement of this aquatic preserve management

plan.

This plan was written by the Department of Natural Resources (DNR), Division

of Recreation and Parks, Bureau of Land and Aquatic Resource Management

(BLARM) staff. Funding for the plan was by a coastal management grant

(CM-130) through the U.S. Department of Commerce's National Oceanic and
Atmospheric Admin istration, Office of Ocean and Coastal,Resource Management,

and the Florida Department of Environmental Regulation (DER), Office of

Coastal Management.

Chapter IT

MANAGEMENT AUTHORITY

The primary management authorities available to the staff for implementing

policy directives affecting aquatic preserves are found in Chapters 258 and

253, Florida Statutes (F.S.). These authorities clearly establish the

proprietary management overview role of the Governor and Cabinet, sitting as

the Board of Trustees of the Internal Improvem ent Trust Fund and are variously

referred to as the "Trustees" or the "Board". Furthermore, all management

responsibilities assigned to the Trustees by this plan may be fulfilled

directly by the Governor and Cabinet or indirectly via staff or agents of the

Trustees, pursuant to delegations of authority, management agreements, or

other legal mechanisms. All subsequent references to the Board or Trustees

should be presumed to potentially include staff and designated agents, in

addition to the Governor and Cabinet. The staff of the Bureau of Land and

Aquatic Resource Management (acting as "agents" for the Trustees) will review

all requests for uses o-F state-owned sovereignty submerged lands within
aquatic preserves. The'review and subsequent staff comments are primarily

designed to evaluate the environmental consequences of any proposed use of

state-owned submerged land. The review is conducted within the confines.of

the criteria contained in the "maintenance" provisions for aquatic preserves

in Chapter 258, F.S.

Formal review comments are provided to the Department of Natural Resources

(DNR), Division of State Lands by the Bureau of Land and Aquatic Re source

Management for inclusion in the comments and recommendations accompanying

agenda items for Trustees consideration. This mechanism allows the Trustees,

sitting as owners of the land, to evaluate public interest and project merits

within the context of environmental impact upon the preserve.

BACKGROUND

In many respects, the authorities supporting aquatic preserve planning and

management are the cumulative result of the public's awareness of the

importance of Florida's environment. The establishment of the present system

of aquatic preserves is a direct outgrowth of public concern with dredge and

fill activities rampant in the late 1960's.

In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws

of Florida), which set up procedures regulating previously unrestricted dredge

and fill activities on state-owned submerged lands. That same year the

Legislature also provided statutory authority (Section 253.03, F.S.) for the

Trustees to exercise proprietary control over state-owned lands. In 1967,

this governmental focus on protecting Florida's productive estuaries from the

impacts of development led to the establishment of a moratorium by the

Governor and Cabinet on the sale of submerged lands to private interests. In

that same year, this action was followed by the creation of an Interagency

Advisory Committee on submerged lands management. In late 1968, that

Committee issued a report recommending the establishment of a series of

aquatic pr eserves. Twenty-six separate waterbodies were addressed in the

original.recommendation.

Also in 1968, the Florida Constitution was revised, declaring in Article 11,

Section .7, the State's policy of conserving and protecting the natural

resources and scenic beauty of the state. That constitutional provision also

established the authority for the Legislature to enact measures for the

abatement of air and water pollution.

It was not until October 21, 1969 that the Governor and Cabinet acted upon the

recommendations of the Interagency Advisory Committee and adopted, by resolu-

tion, 18 of the, waterbodies as aquatic preserves, including the Alligator

Harbor Aq uatic Preserve.

Prior to the October 1969 action by the Governor and Cabinet, the Legislature

had created the Boca Ciega Aquatic Preserve. Subsequent Legislative action in

1972, 1973, and 1974, created the Pinellas County, Lake Jackson and Biscayne

Bay Aquatic Preserves, respectively.

Tn 1975, the Legislature established a Florida Aquatic Preserve Act (codified

in Chapter 258.35-258.46, F.S.), thereby bringing all existing preserves under
a standardized set of maintenance criteria.' Additional acts were passed

subsequent to the 1975 action, such as the addition of the Cockroach Bay

Aquatic Preserve in 1976 and the Gasparilla Sound--Charlotte Harbor Aquatic

Preserve to the system in 1978.

The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

Trustees on May 18, 1983, was the first management plan for an aquatic

preserve. The following aquatic preserves also have approved plans: Estero

Bay - September 6, 1983; North Fork--St. Lucie - May 22, 1984; Loxahatchee

River--Lake Worth Creek - June 12, 1084; and Indian River Lagoon - January 22,

1985; Banana River - September 17, 1985; Indian River - Malabar to Vero Beach-

January 21, 1986; Nassau River, St. Johns River Marshes and Fort Clinch State

Park Aquatic Preserves - March 22, 1986.

In June 1985, the Legislature passed S.R. 762 which expanded the boundaries of

the Banana River, Malabar to Vero Beach, Loxahatchee River--Lake Worth Creek,

Wekiva River, and Rookery Bay Aquatic Preserves; and created Guana River Marsh

and Big Bend Seagrasses Aquatic Preserves. Lemon Bay and Rainbow Springs we re

added as aquatic preserves by the 1986 Legislature.

The State Lands Management Plan, adopted on March 17, 1981, by the Trustees,

contains specific policies. The Plan also establishes policies concerning

spoil islands, submerged land leases, "Outstanding Native Florida Landscapes",

unique natural features, submerged grassbeds, archaeological and historical

resources, and endangered species. All of these issues provide management

guidance to the aquatic preserve program.

ADMINISTRATIVE RULES

Chapters 16-21 and 18-20, Florida Administrative Code (F.A.C.), are two

administrative rules directly applicable to the DNR's/Trustee's actions

regarding allowable uses of submerged lands, in gen eral, and.aquatic preserves

specifically. Chapter 18-21, F.A.C. controls activities conducted on

sovereignty submerged lands, and is predicated upon the provisions of Sections

253.03 and 253.12, F.S. The stated intent of this administrative rule is:

"(1) to aid in fulfilling the trust and fiduciary responsibilities of

the Board of Trustees of the Internal Improvement Trust Fund for the

Administration, management and disposition of sovereignty lands;

(2) to insure maximum benefit and use of sovereignty lands for all the

citizens of Florida;

(3) to manage, protect, and enhance sovereignty lands so that the public

may continue to enjoy traditional uses including, but not limited

to, navigation, fishing, and swimming;

(4) to manage and provide maximum protection for all sovereignty lands,

especially those important to public drinking water supply,

shellfish harvesting, public recreation, and fish and wildlife

propagation and management;

(5) to insure that all public and private activities on sovereignty

lands which generate revenues or exclude traditional public uses

provide just compensation for such privileges; and,

(6) to aid in the implementation of the State Lands Management P:lan."

Chapter 18-20, F.A.C. addresses the aquatic preserves and derives its

authority from Sections 258.35, 258.37, and 258.38, F.S. The intent of this

rule is contained in Section 18-20.01, F.A.C., which states:

"(1) All sovereignty lands within a preserve shall be managed

primarily for the maintenance of essentially natural

conditi ons, the propagation of fish and wildlife, and public

recreation, including hunting and fishing where deemed

appropriate by the board of the managing agency.

(2) The aquatic preserves which are described in Section 258.39,

258.391, 258.392 and 258.393, F.S., Chapter 85-345, Laws of

Florida and in Section 18-20.02, F.A.C., were established

for the purpose of being preserved in an essentially natural

or existing condition so that their aesthetic, biological

and scientific values may endure for the enjoyment of future

generations.

(3) The preserves shall be administered and managed in accordance

with the following g oals:

(a) Preserve, protect, and enhance these exceptional areas of

sovereignty submerged lands by reasonable regulation of human

activity within the preserves through the development and

implementation of a comprehensive management program;

(b) To protect and enhance the waters of the preserves so that the

public may continue to enjoy the traditional recreational uses

of those waters such as swimming, boating, and fishing;

programs, which are compatible with the intent of the

Legislature in creating the preserves;

(d) To use applicable federal, state, and local management

programs, which are compatible with the intent and provisions

of the act and these rules, to assist in managing the

preserves;

(e) To encourage the protection, enhancement or restoration of the

biological, aesthetic, or scientific values of the preserves,

including but not limited to the modification of existing

man-made conditions toward their natural condition, and

discourage activities which would degrade the aesthetic,

biological, or scientific values, or the quality, or utility of

a preserve, when reviewing applications, or when developing and

implementing management plans for the preserve;

(f) To preserve, promote, and utilize indigenous life forms and

habitats, including but not limited to: sponges, soft coral,

hard coral, submerged grasses, mangroves, salt water marshes,

fresh watermarshes, mud flats, estuarine, aquatic and marine

reptiles, game and nongame fish species, estuarine, aquatic and

marine invertebrates, estuarine, aquatic and marine mammals,

birds, shellfish and mollusks;

(g) To acquire additional title interests in lands wherever such

acquisitions would serve to protect or enhance the biological,

aesthetic, or scientific values of the preserves.

(h) To maintain those beneficial hydrologic and biologic functions,

the benefits of which accrue to the public at large."

OTHER MANAGEMENT AUTHORITIES

Other Department of Natural Resources management authorities applicable to

aquati c preserves include fisheries and marine mammal management and

protection, and beach and shore preservation programs outlined in Chapters 370

and 161, F.S., respectively and land acquisition programs conducted under the

Environmentally Endangered Lands authorities of Chapter 259, F.S. or the

Conservation and Recreation Lands Program authorized by 253, F.S., will

enhance the protection of the natural resources within the aquatic preserves.

Chapter 403, F.S., is an important adjunct to Chapter's 253 and 258, F.S.

This governs, in part, the State's regulatory programs affecting water quality

and biological resources. The Department of Environmental Regulation (DER),

through a permitting and certification process, administers this program.

Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands

Protection Act of 1984, requires that any person requesting use of State-

owned land shall have approval of the proposed use from the Trustees before

commencing the activity. An interagency agreement between DNR and DER

provides an avenue for staff comments on potential environmental impacts of

projects in aquatic preserves through the DER permitting process. Addition-

ally, the DER has designated, by administrative rule, a series of waterbodies

with stringent use criteria called "Outstanding Florida Waters" (OFW). The

inclusion of all aquatic preserve waters within this classification greatly

enhances the protective,provisions of Chapter 258, F.S. As the designated

"306" Coastal Zone Management Agency, the DER also provides a source of

funding for data collection and planning in areas such as the Alligator Harbor

area, as well as being the state agency responsible for implementing the

"federal consistency" provisions of the Federal Coastal Management Act.

The DER's administrative rules of primary significance to the aquatic preserve

management program include Chapters 17-3, 17-4 and 17-12, F.A.C. These rules

are based upon the authorities contained in Chapter 403, F.S. Chapter 17-3,

F.A.C. addresses water quality standards and establishes the category of

"Outstanding Florida Waters", while Chapters 17-4 and 17-12, F.A.C. address

permit requirements and dredge and fill activities, respectively.

In December, 1982 a Memorandum of Understanding (MOU) between the DER, DNR,

and the U.S. Army Corps of Engineers (COE) was executed. This MOU clearly

establishes a process whereby the proprietary concerns of the Trustees, stated

in Chapter 253, F.S. can be integrated into the DER/COE joint permit process-

ing system.

1.5

Other opportunities for environmental review and input into activities

potentially affecting aquatic preserves are afforded by the Department of

Community Affairs (DCA), and the Department of State, Division of Archives,

History, and Records Management (DAHRM). The Executive Office of the Governor

also provides a mechanism for public input into federal projects via the State

clearinghouse process.

The DCA is statutori ly responsible for administering the "Development of

Regional Impact" (DRI). The DRI program, authorized by Section 380.06, F.S.

was established by the Legislature to provide a review and monitoring pro-

cedure for those development projects potentially affecting more than one

county.

Chapter 267, F.S. establishes the state policy regarding preservation and

management of Florida's archaeological and historical resources. This

responsibility is legislatively assigned to the DAHRM, which holds title to

those cultural resources'located on state-owned lands. This also applies to

sovereignty submerged lands, including aquatic preserves.

The Department of Health and Rehabilitative Services, under their public

mandate, administers two programs directly affecting the aquatic preserve

management program. These programs are (1) septic tank regulation, usually

administered by county health departments and (2) arthropod (mosquito) control

programs, usually implemented through local mosquito control districts. Each

of these programs holds the potential for creating significant impacts upon

the aquatic preserves. Establishment of close working relationships between

the aquatic preserve staff and the Department of Health and Rehabilitative

Services will be a necessary element of the aquatic preserves management

program.

Each of the above referenced programs may provide an effective means of

protecting aquatic preserves and their ecologically sensitive resources.

Chapter III

MAJOR PROGRAM POLICY DIRECTIVES

This plan contains a number of management policy issues that are discussed

either generally or definitively. This section highlights those major policy

areas that comprise the basic thrust of this management effort. Adoption of

these policies will provide specific staff direction for implementing the

day-to-day aquatic preserve management program. Major program policy

directives are:

(A) Manage all submerged lands within the aquatic preserve to ensure the

maintenance of essentially natural conditions to ensure the propagation of

fish and wildlife, and public recreation opportunities.

(B) Prohibit the disturbance of archaeological and historical sites within

the aquatic preserve, unless prior authorization has been obtained from the

Trustees and DAHRM, and such disturbance is part of an approved research

design or authorized project.

aquatic preserve, with an emphasis on those habitat types utilized by

threatened and/ or endangered species.

(D) Protect and, where possible, enhance threatened and endangered species

habitat within the aquatic preserve.

(E) Prohibit development activities within the aquatic preserve that adverse-

ly impact upon grassbeds and other valuable submerged habitat, unless a prior

determination has been made by the Board of overriding public importance with

no reasonable alternatives, and adequate mitigation measures are included.

(F) Prohibit the removal of saltmarsh and other natural shoreline vegetation

within the aquatic preserve, except when necessitated by the pursuit of

legally authorized projects and local protection ordinances.

(G) Provide research and educational opportunities for scientists and other

interested researchers within the framework of a pla nned research program in

the aquatic preserve.

(H) Acquire, where feasible, privately owned submerged lands located within

the boundaries of the aquatic preserve pursuant to the authorities contained

in Section 253.02(4), F.S.

(I) Prohibit the drilling of oil and gas wells, the mining of minerals, and

dredging for the primary purpose of obtaining upland fill within the aquatic

preserve.

(J) Prohibit non-water dependent uses of submerged lands within the aquatic

preserve except in those cases where the Board has determined that the project

is overwhelmingly in the public interest and no reasonable alternatives exist.

'This prohibition shall include floating residential units, as defined in

Section 125.0106(2), F.S.

(K) Prohibit storage of toxic, radioactive, or other hazardous materials

within the aquatic preserve.

(L) Prohibit those mosquito control practices within the aquatic preserve

that would result in habitat modification or manipulation (i.e. diking,

ditching) unless there are no reasonable alternatives and failure to conduct

such practices would result in a threat to public health.

(M) Limit pesticide and biocide use within the aquatic preserve to those that

are approved by the Environmental Protection Agency (EPA) for wetland and

aquatic application.

(N) Prohibit the construction of new deep water ports within the aquatic

preserve boundaries.

(0) Insure that any artificial reef construction does not adversely impact

environmentally fragile areas within the aquatic preserve and that the

construction will maintain the essentially natural condition while enhancing

the quality and utility of the preserve.

(P) Manage any state-owned spoil islands within the aquatic preserve as bird

rookeries and wildlife habitat areas.

(Q) Encourage public utilization of the aquatic preserve, consistent with,the

continued maintenance of its natural values and functions.

(R) Develop a well coordinated aquatic preserve management mechanism that

recognizes and utilizes local government programs and authorities.

(S) Require, through the efforts of DER and the water managementdistricts,

the maintenance of the naturally high water quality of the estuary and ensure

the natural seasonal flow fluctuations of freshwater into the estuary.

(T) Apply the management criteria contained in the adopted Alligator Harbor

Aquatic Preserve Management Plan to all subsequent legislative additions of

land to the aquatic preserve.

(U) Encourage the assistance of federal, state, and local government agencies

in implementing the aquatic preserve management plans, especially in the areas

of protection of natural and cultural resources and the enforcement of

applicable resource laws and ordinances.

(V) Prohibit marinas in Class I or 2 Resource Protection Areas.

(W) Identify and document any problems caused by fishing activities and

report them to the Marine Fisheries Commission.

Chapter IV:

RESOURCE DESCRIPTION

Part I

The Resource Setting

A Profile of the Wekiva Area

A. Historic Notes

Over geologic time, changes in sea level formed the region now occupied by the

Wekiva River and its tributaries. The river occupies the physiographic region

known as the Wekiva Plain, an area slightly lower in elevation than the

surrounding Marion Uplands, Mount Dora Ridge and Orlando Ridge. The,Wekiva

Plain was apparently "cut down" during periods of receding sea level. When

recurrent rises in sea level inundated the lowered areas, deposited sediments

contributed to form the present Wekiva Plain. The surface and near surface

deposits in the area range from unconsolidated sands to well hardened

limestones and dolomites (White 1970). The Hawthorn Formation, a sandy

phosphatic limestone of late middle Miocene age (approximately 13 MYBP)

underlies the entire area, and outcrops of this formation are exposed at Rock

Springs and Wekiva Spring (U.S. Geolo gical Survey 1980).

From an archaeological perspective, the Wekiva area provided abundant natural

resources for prehistoric communities, the spring runs, river, hardwood

hammocks and dense for ests offered food, water, shelter and breeding sites for

many forms of wildlife and provided excellent plant and animal foods for human

inhabitants (Milanich and Fairbanks 1980).

- 22

The Rock Springs/Wekiva Area is considered to be one of the most important

archaeological areas in Orange county (Stewart 1982). Over 20 archaeological

and historical sites are known to occur along the Wekiva River from Rock

Springs to the St. Johns River. Several of these sites are recorded in the

Florida Master Site File. Although a systematic archaeological site

assessment has not yet been conducted in the area, several mound sites have

been examined by Dr. Marilyn Steward of Rollins College. Many of the sites

contain freshwater snail remains, pottery sherds, animal bones, turtle shells

or deer antlers. Artifacts are characteristic of the St. Johns I cultural era

([email protected]. - A.D. 100) (Stewart 1982).

Evidence of earlier Paleo-Indian to Middle Archaic peoples (ca 12,000 B.C.)

underlie and are masked by these later sites, but in other areas remains of

these sites have been found in river beds (Department of Natural Resources

1986).

The Timucuan Indians were descendants of the peoples of the St. Johns period

and occupied areas along the St. Johns River when Europeans first ventured

into Florida. Cultural changes related to Hernando de Soto's 1539-1540

Florida expedition marked the beginn ing of the decline of Florida's native

Indian populations. During the next 150 years the Timucuans were forced onto

Spanish missions and ranches where many succumbed to European diseases. The

cultures of other tribes, fleeing invasions of their homelands in southwest

and southern Georgia, merged with that of the Timucuans. By 1763, when St.

Augustine fell into British control, the Timucuan population was decimated and

for the remaining few, much of their original cultural pattern had been

altered (Milanich and Fairbanks 1980). In the early 1800's Seminole Indians

frequented the headwaters of the Wekiva to hunt; they also used the river as a

route to the St. Johns River (Strofner 1982).

During the 1840's early settlers and winter visitors began to populate the

Wekiva area. A hotel, newspaper and winery were located in the town of Clay

Springs, now Wekiva Springs. In 1875, Clay Springs supported a wharf and

warehouse for cargo steamers navigating up the St. Johns to the Wekiva River

from the town of Mellonville, which is now Sanford (Shofner 1982).

Modern land use, population characteristics and development pressures in the

Wekiva Basin are discussed more completely in the following sections.

B. Present Population Characteristics

The East Central Florida Region (Orange, Seminole, Lake, Osceola, Brevard, and

Volusia counties) has experienced phenomenal growth over the past 16 years.

Influenced by the opening of Walt Disney World in the early 1970's, the

regions population grew from 900,000 in 1970 to 1.3 million in 1980, an

increase of 41 percent. Between 1980 and 1984, the total population increased

to 1.55 million. Official estimates for 1986-1989 predict an increase of 13.1

percent, bringing the total population to 1.85 million (East Central Florida

Regional Planning Council 1985). Orange, Seminole and Lake counties were

among the top third highly populate d counties in the state in 1984. Orange

county, with its 530,424 residents w as the 7th most populated county in the

state, while Seminole County, with its 214,870 residents was ranked 15th out

of the 67 Florida counties. Lake County was.27th with 119,902 residents

(Department of Commerce 1985).

Growth in Orange County from 1974 to 1984 was slower than growth in Lake and

Seminole counties (25.2 percent in ten years, compared with 38.0 and 60.2

percent, respectively). The 60.2 percent increase in Seminole County over the

ten year period was the 12th fastest growth rate in the state. Growth rates

for the ten year period in Orange and Lake Counties ranked 42nd and 25th,

respectively, out of the 67 Florida counties (Department of Commerce 1985).

The projected population growth of Orange, Lake, and Seminole'counties during

1985-1989 indi,cates the addition of over 64,251, new residents for Orange

County, approximately 13,000 new residents for Lake County, and over 35,000

new residents for Seminole County. These new residents represent increases of

11.6 percent for Orange County and 15.49 percent for and Seminole County

during the five year period, bringing the total population by 1989 to 618,910

and 265,299, respectively. A 10.5 percent increase is expected for Lake

County, bringing its total population to 137,273 by 1989 (East Central Florida

Regional Planning Council 1985).

Traditionally, central F1 orida was characterized as a vacation and retirement

center, but in recent years the contributions of the highly successful tourism

industry has accelerated growth patterns. Population increases in the region

are based on immigration, with new residents requiring additional consumer

services (food, housing, etc.,) and other improvements to the areas

infrastructure which help sustain the growth pattern.

In 1984, almost half the regions total population fell within the 25-44 and

45-64 age groups, representing a large supply of working age adults to meet

the demand of local employers for trained and skilled workers. The 25-44 age

group is expected to increase by 1989, in response to the new job

opportunities anticipated for the region. 15.5 percent of the total 1984

population of the region were in the 65+ age group. This group is also

expected to increase by 1989, as more retirees immigrate to the area.

The immigration of new residents has created housing demands. Housing

requirem ents are variable from county to county and are primarily a function

of socio-economic factors such as income, age, and number of household

members. In south Orange County, near Walt Disney World low cost and rental

housing is,in demand to meet the needs of many trade and service workers.

Lake County has attracted a large number of retirees on fixed incomes, which

has created a demand for a cheap form of housing such as mobile homes. Many

high paid professionals residing in Seminole County prefer moreelaborate and

expensive housing (East Central Florida Regional Plannin.g Council 1985).

The availability of affordable housing is a major problem in most of the

Region. The average cost of a new single-family home is presently beyond the

financial reach of many residents of the area and is becoming increasingly

more so. During the next five years, a high rate of population growth as well

as employment expansions are expected, creating a major challenge for the

housing industry to produce affordable housing to meet the needs of new

residents.

In summary, th e population profile for the area is one of continued growth

with an expanding economy helping to sustain the growth.

C. Economic Development Issues

Economic growth and development within the Wekiva Basin is directly

proportional to regional growth. Tourism, the largest industry in the region,

is the primary growth source. In 1984, over 7.5 million tourists visited the

Orlando area. Walt Disney World, EPCOT, Sea World and Kennedy Space Center

accounted for the majority of all attraction admissions.

The tourism and convention industry are responsible for a significant amount

of development. Commercial projects, retail trade, office construction and

industrial and research parks are also contributing greatly to the economic

growth of the area. Seventy-seven major development projects are planned or

underway in Orange and Seminole counties for 1985-1989, with the majority in

Orange County. Total dollar value of these projects is close to 7 billion

,dollars and approximately 121,845,new jobs will be created.

A large percentage of the labor forte are employed in tourist related jobs.

In 1984, trade and service workers supporting tourism accounted for 59 percent

of the total employment distribution for the region. Manufacturing,

Financial-Insurance-Real Estate and Transportation-Communications-Utilities

sectors accounted for 13.7, 5.9 and 5.6 percent of employment distribution for

the region, respectively. Agriculture accounted for 2.7 percent.

Trade and Service workers were, however, among the lowest paid employees in

1984 with salaries averaging 512,028 and $15,690, respectively.

Transportation-Communications-Utilities work were among the higher paid

27 -

(averaging $22,731) as were Manufacturing workers (averaging $21,283).

Agricultural workers were the lowest paid employees in 1984 (averaging

$10,484).

From 1978 to 1983, per capita income in the region increased 65 percent.

Compared to state and national per capita incomes, the rate of increase in

east central Florida has been consistently higher than the rate of increase

for the state and the nation over the same time period. Per capita income in

most of east central Florida, however, was lower than that of state and

national per capita incomes ($11,593 and $11,687, respectively). Per capita
incomes for Orange, Seminole and Lake counties in 1983 were $11,520, $11,747,

$10,595, respectively. Only.Seminole County had per capita incomes higher

than that of the nation. The predominance of lower paying Trade and Service

jobs and a relatively large proportion of retirees on fixed incomes account

for the regions comparatively low per capita incom e (East Central Florida

Regi onal Planning Council 1985).

Estimates for 1989 indicate an increase in per capita income for the region,

but the predominance of low paying Trade and Service jobs and continued

immigration of retirees on fixed incomes will keep the region's per capita

income below the national value. Orlando and Orange County are economically

orientated toward tourism, retirement, and more recently, the electronics

industry. On the urban fringe of the Orlando metropolitan area, Seminole

County is experiencing economic trends similar to Orange County. Lake County

has an agricultural-based economy, and in 1963, was the second largest citrus

county in Florida (Department of Environmental Regulation 1983).

In summary, the Wekiva area is in the process of urbanizing as part of the

East Central Florida Region, or more locally, the Orlando/Altamonte Springs

metropolitan area. Regional development will continue to affect growth in the

Wekiva area, and contribute to the area's economy. Tourism is presently the

largest component of the regions economy, but industrial and research

expansions are beginning to diversify it.

D. Land Use and Infrastructure

Several large land parcel s, totaling over 20,000 acres, bordering t he Aquatic

Preserve are in public ownership and are maintained as parks or reserves.

The headwaters of Rock Springs Run are located within Kelly Park (200 acres),

maintained by Orange County. Rock Springs Run is bordered on the east by Rock

Springs Run State Reserve (RSRSR) (8,723 acres) and on the west by Wekiva

Springs State Park (6,400 acres), both maintained by the Department of Natural

Resources. The west bank of the upper reaches of the Wekiva River south of

State Road 46 is bordered by RSRSR, except for a two mile stretch of land

south of State Road 46 which consists of residential lots, a 100-acre private

park/campground "Wekiva Falls", and pastureland. The east bank of the upper

reaches of the Wekiva River., south of State Road 46 is prime property for

hous'ing development, and several sub-divisions have already been constructed,

are underway, or are proposed. Residential development is rapidly advancing

northward along the undeveloped sections of the Little Wekiva River and

merging with development along the east bank of the Wekiva River. The

southernmost sections of the Little Wekiva Sub basin are heavily urban and

commercial, with stream flow extensively channelized. North of State Road 46,

a two mile segment of the east bank supports residential units, a fish camp

and a mobile home/camping facility. One mile of the west bank immediately

north of S.R. 46 is undeveloped land in private ownership and is presently for
sale (1,100 acres). Lower Wekiva River State Reserve (5500 acres) borders the

remainder of the Wekiva River until it s confluence with the St. John River,

four miles upstream.

-Land use trends indicate continued urbanization on private lands within the

basin. A recent report by the Friends of the Wekiva (FOW) indicated the

present trends of land use intensification along the east banks of the Little

Wekiva and Wekiva Rivers in Seminole County will have negative impacts on the

water resources of the Wekiva Basin (Technical Committee of the Friends of the

Wekiva River 19 ). The Seminole County Comprehensive Land Use Plan

designates this area as General Rural with one unit per acre maximum density,

no t requiring infrastructures support. Development in this area over the past

ten years has resulted mostly in the one-acre residential sites, with septic

tank disposal of wastes, a mixture of private well systems and public water

supply, and little investment in road improvements. The report indicates

densities of one unit per acre require urban level infrastructure support and

that the lack of such support, in addition to increase pressures from
conversion offorested or pasture lands to one-acre or more dense development
can only result in the degradation of the water resources of the basin.

A report by the Wekiva Basin Study Committee reviewed developments in the same

area referred to by FOW to determine both gross and net densities. Gross

density of the existing platted subdivisions was based on the number of lots

and the gross acreage of the development, while net densities were based on

gross acreages minus the flood prone areas. Of the twelve active and two

proposed subdivisions, all were zoned A-1 except one active development, which

was zoned R-1AAA. Land area for the fourteen subdivisions totaled 1508 acres.

The subdivisions ranged from 9.5 to 610 acres with from 8 to 193 units. Met

densities ranged from .52 to .84 units/acre with an average of .73. The

report notes that when wetlands, marginal soil and hydrological problems are

taken into consideration and deducted from the development area, density will

increase, and that lack of definitive wetland information may have yielded

density projections somewhat lower than actual density.

Several proposed Planned Unit Developments (PUD) are included in this

development corridor. One PUD is currently under appeal before the Land and

Water Adjudicatory Commission (Plantation) and three additional PUD

applications are anticipated with gross densities of three or more units per

acre. The four PUD's total 3,2115 acres. When considered as a pla nning unit,

and if the proposed PUD's are approved, the combined PUD and existing

development areas total 4,783 acres, with a net density of 1.17 units/acre

(slightly higher if wetlands are cons idered).

Any PUD's with densities higher than one-unit/acre conflict with the County

Comprehensive Plan policy for the area, and must be presented before the

Seminole County Planning and Zoning Commission and two County Commission

public hearings requesting rezoning amendments to the Comprehensive Plan. The

County Commission has maintained a policy of denying all applications which

would effect a change in the community character from "rural" to "urban", as

such a change is not in conformance with the Comprehensive Plans designation

of the area as "General Rural". Section 163.3194, Florida Statutes, mandates

that: "After.a comprehensive plan ... has been adopted, all actions taken into

regard to development orders by governmental agencies shall be consistent with

such plan".

The inability of environmentally sensitive areas to absorb impacts associated

with higher population-densities has been demonstrated in many aquatic

environments throughout Florida, and even with the most prudent planning and

management strategies some degree of alteration to the balance of the natural

system can occur (East Central Florida Regional Planning Council 1984). In

recognition of the significance of the Wekiva River system, advocation of

higher population densities in areas adjacent to the Wekiva River should be

discouraged.

Developments within the Wekiva Basin are subject to regulation criteria

defined by County, State, and Federal agencies. Table I outlines current

regulations applicable to construction in Seminole County.

Table 1.

Current Regulations applicable to construction in Seminole County (from Wekiva
River Basin Study Committee Report FClabaugh, et al. 19851).

FP-1 Floodprone Classification: No structures constructed and no land filling
or grand level changes permiT-ted which inhibit the flow of flood and drainage
waters.

200 Foot Setback (2/-22/72 Resolution): Prohibits the issuance of building
permits in the 200 foot area parallel to the mean high water mark of the East
Bank.

Wetlands (LDC 6.4.2.2 Drainage Design Standards): No site alteration shall
cause the siltation of wetlands or reduce the na-tural retention or filtering
capabilities of wetlands.

Drainage and Water Conservation Easements (DWCE): Mandatory dedication of
easements over floodprone and wetland areas to maintain the natural storage
and water quality enhancement functions of these areas (LDC 6.4.6.12(a) 19.).

Dredge and Fill Permits (LDC Chapter 10): Permits are required for boat
docks, seawalls, outfalls an2 drainage Tstructures, dredging and filling, and
removal of shoreline vegetation.

Arbor Permits (LDC Chapter 8): Permit required for the removal of trees 3" in
diameter or larger.

Site Runoff (LDC 6.4.6.2): Requires storage and controlled release of excess
stormwater so that post development conditions are not substantially greater
than pre-development conditions. Requires the use of retention and detention
facilities to attenuate peak flows, remove solids, and remove nutrients.

Groundwater Table and Runoff to Surface Waters (LDC 6.4.6.2): Prohibits the
use of canals, channels, ditches, storm water systems whicFrapidly convey
runoff to receiving waters without treatment or to reduce the groundwater
-table.

Erosion Control (LDC 6.5.10): Seeding, mulching, sodding and other
appropriate measures required to prevent erosion during construction
activities.

Borrow Pit (LDC Section 9): Permits required for the removal of any
Ea-terials. Over 500 cubic yards requires DRC review and a public hearing.

Water Conservation (Building Code): County Building codes require that water
closets have a maximum 3.5 gallon capacity on residential units and 3 gallon
maximum on flush valve units; showerheads and water faucets are required to
have flow restriction devices which limit flows to 3 gallons per minute.

Part Two:

Natural Systems and their Components

A. Wekiva River Basin

The Wekiva River System is comprised of artisan spring flow, small creeks,

numerous tributaries and secondary drainage. A tributary of the St. Johns

River, the Wekiva represents one of the major routes of surface drainage from

portions of Orange, Seminole and Lake Counties (Orange County Pollution

Control Department 1977). The Wekiva, Little Wekiva and Rock Springs Run form

a basin of approximately 130 square miles (U.S. Army Corps of Engineers 1974).

Upstreams of Blackwater Creek, a major tributary of.the Wekiva, is additional

drainage of 112 square miles in Lake County (Technical Committee of the

Friends of the Wekiva River 19

The Wekiva River Basin is comprised of many diverse and productive habitat

characteristic of natural Florida. Extensive areas of wetlands border a major

portion of the river. Pine flatwoods, scrub, and sandhills intersper sed with

lakes and sink holes occur throughout the basin.

Elevations within the basin range from 15 to 30 feet MSL near stream channels,

while sandhills rise abruptly to elevations ranging from 60 to 100 feet MSL

(Technical Committee of the Friends of the Wekiva River 19

The climate is subtropical, with an average annual temperature of about 72

degrees. Daily maximum temperature in the summer approaches 90' Fahrenheit.

Mean annual rainfall over the Wekiva Basin is 52 inches, most of which occurs

during the June-October rainy season (U.S. Army Corps of Engineers 1974).

The Wekiva River System can more adequately be described in terms of its

components: Rock Springs/Rock Spring Run, Wekiva Springs, Little Wekiva

Sub-basin, Big Wekiva, and Blackwater Creek.

Rock Spring/Rock Spring Run

Rock Spring is located within Kelly Park, a 200-acre facility owned by Orange

County. The park is utilized by the public for swimming, picnicing, camping,

nature study, and is maintained as a wildlife preserve.

Rock Spring represents one of the few areas in central Florida where the

limestone of the Hawthorn Formation is exposed. The Hawthorn Formation, which

contains imperviou s layers of marl and clay, overlies the Floridian aquifer

and acts as a confining bed for the artesian water present in the area.

Crevices and solution channels have developed in the Hawthorn providing an

outflow for the Floridian aquifer (Orange County Pollution Control Department

1977).

The principal discharge from Rock Spring originates at the base of a partly

submerged limestone bluff.. Average discharge is about 41.7 MGD. A large

public swimming area is located several hundred feet below the spring, where

some of the flow has been diverted and partly retained by concrete walls.

Overflow from the swimming area is directed back to the spring run via a

concrete weir. Rock Spring Run flows northward about 1.5 miles, then turns

southward. The width of the flood plain in this area is approximately three

miles in an east-west direction (Rosenau et al. 1977). Rock Spring Run

meanders for approximately nine miles before meeting Wekiva Spring Run to form

the Wekiva River. One mile of Rock Spring Run is included in the Aquatic

Preserve. The springhead and eight miles downstream of the springhead are not

included in the Aquatic Preserve.

Wekiva Springs

Wekiva Springs and its spring run are located within Wekiva Springs State

Park, a 6,400 acre publicly owned state park, managed by the Department of

Natural Resources.

The springs discharge from at least five horizontal caverns 14 feet below the

water surface forming a kidney shaped pool. The pool bottom is mostly sand,

except for an area in the southeast section which is rock of the Hawthorn

Formation. Openings in this rock allows water to percolate, creating the

pool.

The spring run flows in a northeasterly direction for approximately one-half

mile until its confluence with Rock Springs Run forming-the Wekiva River.

Witherington Springs, forms a small pool about 60 feet in diameter, and is

located near the center of Wekiva Springs State Park. Discharges from

Witherington Springs form the headwaters of Mill Creek, which flows east

through a swampy area and then eventually joins Rock Springs Run (Rosenau et

al. 1977).

Little Wekiva River sub-basin

The Little Wekiva River sub-basin occupies approximately 43 square miles

located in the north central portion of Orange County and the western portion

of Seminole County (Central Regional Planning Council 1980).

Areas of extensive urban development border the lower reaches of the Little

Wekiva from its headwaters at Lake Lawne in western Orlando to approximately

one mile north of State Road 434 in Seminole County. Most of the natural

vegetation in these areas has been replaced by housing, commercial and

industrial enterprises, pasture, citrus grove and other economic activities.

The impacts of development within the sub-basin has been the reduction of

natural drainage patterns and flow ways creating stormwater management

problems. Several sections of the river have been channelized and numerous

ditches, canals and storm drains discharge directly into the river (Central

RegionalPlanning Council 1980).

Prior to 1977, several sewage treatment plants (STP) discharged poor quality

water into the Little Wekiva (Pine Hills STP, Lake Lawne STP, Faisvilla STP).

Subsequent water quality problems prompted local government to effect more

stringent wastewater and wetland regulations, which ceased most wastewater

discharges and initiated restoration procedures on.several lakes within the

sub-basin. Recent studies have indicated improved water quality within the

Little Wekiva sub-basin, but high nutrient loading still exists in some areas.

In Orange County, ground water exfiltration contributes to stream flow, but

the primary source of stream flow is storm water runoff. In Seminole County,

upstream of several springs, the Altamonte Regional Wastewater Facility and Hi

Acre Citrus Processing Plant constitute about 85 percent of the stream flow

(Department of Environmental Regulation 1982).

The areas surrounding the upper reaches of the Little Wekiva in Seminole

County one mile north of State Road 434 are much less developed, and here the

river flows through about six miles of unaltered stream bed. One wastewater

facility, however, discharges into the river along this reach (Wekiva Hunt

Club).

Approximately three miles south of its confluence with the Big Wekiva, the

Little Wekiva receives discharge from Seminole, Palm, and Starbuck Springs.

The combined 14 MGD increases the river's flow and dilutes the pollutants

remaining from the upstream point sources. Bacteriological and biological

data from Orange County Pollution Control indicate improved water quality

downstream of the spring discharges (Orange County Pollution Control

Department 1977). Downstream of the springs, the spring flow represents

approximately 71 percent of total flow, and dominates stream flow until

confluence with the Big Wekiva. For three miles south of its confluence with

the Big Wekiva, the Little Wekiva is bordered by undeveloped swamp. These

three miles of the upper reaches of the Little Wekiva River are designated as

Outstanding Florida Waters (OFW) and are included in the Aquatic Preserve.

Wekiva River

The headwaters of the Wekiva River begin at the confluence of Wekiva Springs

Run and Rock Springs Run. The waters forming the upper portion of the Wekiva

River arise from both the Floridian aquifer in the form of natural springs,

and from drainage of approximately 130 square miles of water shed in north

Orange County and northwest Seminole County (Department of Natural Resources

1986).

From the convergence of the Wekiva Spring and Rock Spring Runs, the upper

Wekiva flows about 0.?5 mile to where it receives discharge from Miami Spring

Run/Canal. The Little Wekiva River converges with t he Upper Wekiva River

about 3.75 miles downstream from Miami Spring Run/Canal (Orange County

Pollution Control Department 1977). As the river passes through the Wekiva

Swamp, the region between the inflow from the Wekiva Springs Run and Little

Wekiva river contains numerous small islands which divert the flow. Low

current velocity caused by the i slands and submerged vegetation enhances the

deposition of silt and organic debris along this reach. Eel grass

(Vallisneria americana) is common along this reach and Brazilian elodia

(Egeria densa), is present also. Water hyacinth (Eichhornia crassipes) an

exotic floating macrophyte, also contributes to organic siltation in this

area. Approximately six miles downstream from Wekiva Springs the floodplain

narrows and the sediments change from organic silt to sand, where Brazilian

elodea becomes the dominant aquatic plant (Courtney, unpub. data). From here

the Wekiva River meanders northeastly towards the St. Johns River. Wekiva

Falls run, a 92,000 foot tributary originating at Wekiva Falls campground,

merges with the Wekiva River just south of State Road 46. Wekiva Falls issues

from two flowing wells, one with a 14-inch diameter and the other with a

24-i nch diameter, and have a combined discharge of 40 MGD. Approximately one

mile south of its confluence with the St. Johns River, the Wekiva is joined by

Blackwater Creek.

Discharges from Wekiva Springs (48 MGD), Rock Springs (41.8 MGD), Sanlando

Springs (14 MGD) and Sheppard Springs (11 MGD) contribute to the high base

flow rate of the Wekiva River, which increases seasonal drainage within the

basin. The flow gradient is one of the steepest in east central Florida

averaging a drop of 1.6 feet per mile along the rivers boundary in eastern

Lake County until meeting the lower elevations of the St. Johns River

Floodplain.

Average discharge of the Wekiva River at State Road 46 is 186 MGD. A distinct

stream habitat is created by, and is dependent on, the consistency of this

flow (East Central Florida Regional Planning Council 1.985).

Blackwater Creek

Blackwater Creek is a major tributary to the Wekiva River. Almost entirely in

Lake County, Blackwater Creek flows approximately 28 miles from its headwaters

at Lake Dorr to its confluence with the Wekiva. As an important surface

drainage system for Lake County, the creek provides flood dr ainage relief for

an area of approximately 125 square miles. The creek's 100-year floodplain

varies greatly in width from 800 feet at State Road 44A to 5,100-7,000 feet

along upstream and downstream reaches (East Central Florida Regional Planning

Council 1985).

Agricultural land drainage has affected water quality in some areas of the

creek's floodplain, but most areas remain undisturbed. Land use in the

Blackwater Creek basin is predominantly rural and agricultural, and many areas

bordering the creek are remote and inaccessible.

South of State Road 44, Blackwater Creek flows through a portion of the

Seminole Springs tract, a 8,820 acre parcel located just west of Lower Wekiva

River State Reserve. This land is currently under review for inclusion on the

C.A.R.L. Priority Acquisition List. The property contains over 50 springs of

various sizes, the largest of which are Seminole Springs, which issues

approximately 30.1 MGD and Messant Springs, which issues 95 MGD. Seminole and

Messant Creeks, along with numerous other small tributaries, converge with

Blackwater Creek.

The area surrounding Blackwater Creek was heavily logged in the early 1900's,

but mixed hardwood swamp, cypress swamp, and hydric hardwood plant communities

have been reestabl.ished within the creeks floodplain.

Approximately 1800 acres bordering the lower reaches of the creek are

protected as part of the Lower Wek iva River State Reserve. Three miles of the

lower reaches are included in the Wekiva River Aquatic Preserve.

B. The Aquatic Environment

Rock Springs Run has excellent water quality resulting from the consistency of

spring flow originating at Rock Springs. The unaltered watershed and few

urban and agricultural land@uses limits stormwater runoff and associated water

quality problems. There are no large tributaries to Rock Springs Run, but

significant inflow, from surrounding swamps occurs during periods of high

rainfall (Department of Environmental Regulation 1983).

The USGS has collected flow and temperature data at Rock Spring head since

1931, and additional parameters have been monitored since 1959. Since 1972,

Orange County has collected data from Rock Spring Run approximately one mile

downstream of the spring head.

USGS data from Rock Spring indicate consistently excellen t water quality since

monitoring began in 1959 (Department of Environmental Regulation 1983).

Turbidity, color, organic-N., ammonia-N and dissolved oxygen are low, while

total phosphorous, nitrate-N and conductivity are slightly elevated. Low

dissolved oxygen is characteristic of many artesian springs. Elevated levels

of nutrients may be attributed to the limestone feeding the spring source. As

the water flows downstream, it gains oxygen from aeration and from

photosynthesis during the daytime (Hynes 1970). Dissolved oxygen levels at

Rock Spring Run from Orange County data during 1976-1982 were above standards,

and averaged 6.4 mg1l.

Water quality data from several stations in the Wekiva River, just downstream
of its confluence with Rock Springs Run, are al,so available from USGS and
Orange County. These data also indicate excellent water quality in those

areas reflecting the excellent quality of the spring flow.

The little Wekiva River has experienced severe water quality problems in the

past resulting from sewage discharge and stormwater runoff. Several sampling

sites along the Little Wekiva are monitored by either USGS, FDER or Seminole

County. Recent improvements in water quality h ave been indicated at some

stations along the lower Little Wekiva.

Water quality in the upper reaches of the Little Wekiva improves as a result

of dilution from Sanlando, Palm, and Starbuck Springs. Water quality of these

springs is similar to that of Rock Springs (Department of Environmental

Regulation 1983).

Excessive amounts of aquatic vegetation are present in some reaches of the

upper Little Wekiva. It is suspected that nutrient enrichment from sewage

discharge is contributing to aquatic plant growth. However, in areas where a

forest canopy shades the river, there is little aquatic vegetation (Canfield

and Hoyer 1985). It has been suggested that the availability of light may be

the limiting factor controlling aquatic plant growth in these areas (EPA,

1981; Seminole County, 1981; Canfield, 1981). Canfield and Hager (1985)

suggested that past dredging operations may have encouraged the growth of

aquatic plants by providing substrate through sedimentation of many formerly

deep areas. Another cause of increased plant growth may be the reduction of

shade through the removal of forest canopy. A three year study to determine

the nutrient assimilation capacity of the Little Wekiva river is currently in

progress. The study will also look at the effect of shading and includes a

comparison of rivers throughout Florida ranging from those with no major

discharges of treated effluent, to those with significant nutrient loadings.

.*The Wekiva River is included in this study to determine the effect of

discharges from the Little Wekiva on the Wekiva river further downstream

(Canfield and Hoyner 1985).

C. Plant Communities

The Wekiva River Basin is located in a region of biological transition between

two climatic zones, where the range of temperate zone plants overlaps the

northern limit of many tropical species, this creates an area of diverse

floral composition.

Although many areas within the basin were extensively logged during the 1920's

and 1930's, when cypress dominated the wetland forests, much of the forest has

revegetated and the river's floodplain is now almost entirely wooded. Plant

communities characteristic of the basin and representative plant species

include:

Mixed hardwood swamp - tupelo, red maple water ash bald cypress, sweet

gum, button bush, willow, pond apple, wax myrtle, dahoon holly.

Cypress swamp - predominately bald cypress with a lesser percentage of

hardwoods similar to those found in mixed hardwood swamp.

Hardwood hammock - sweet gum, magnolia, tupelo, live oak, laurel oak,

water oak, hickory, wax myrtle, sweet bay, cedar, American holly, red

maple.

Pine flatwoods - pond pine, loblolly pine or slash pine, longleaf pine,

saw palmetto, wire grass., gallberry.

Scrub - stagger bush, rosemary, silk bay, wild olive, blueberry, gopher

apple, prickly pear cactus, wire grass, lichens.

Scrubby flatwoods - slash pine, chapman's oak, myrtle oak, saw

palmetto, runner oak, wire grass.

Freshwater marsh saw grass, arrowhead pickerelweed, coastal plain

willow, button bush, red maple, bald cypress.

Bayhead - 1oblolly bay, sweet bay, red bay, black tupelo, red maple,

loblolly pine, dahoon holly, coastal, plain willow, gallberry, wax

myrtle.

A more complete list of plant species characteristic of the Wekiva basin,

including many aquatic species, is maintained in the reso urces inventory files

located in the central office.

D. Wildlife

The water related resources of the Wekiva River support an abundance of

wildlife. The river, its tributaries, associated hardwood and cypress swamps

provide food, shelter and breeding sites for many native species, as well as

several designated as endangered, threatened, rare, or of special concern.

White tail deer, otter, grey fox, bobcat, raccoon, opossum, wild turkey,

pileated woodpecker, and raptor species such as the red-tailed hawk,

red-shouldered hawk, barred and great horn owl are typical inhabitants of the

Wekiva basin. Osprey, anhinga, cormorant, great blue heron, great egret,

green backed heron, several other wading birds, shore birds and water fowl are

more closely associated with the river.

The reserved areas of the basin offer dense and relatively isolated habitats

with protection for many endangered, threatened, rare or species of special

concern. Designated species identified within the Wekiva basin include:

Mammals - Florida black bear, Sherman's fox squirrel, Florida mouse,

southeastern shrew, Florida weasel, round-tailed muskrat.

Birds - wood-stork, white ibis, little blue heron, Louisiana heron,

snowy egret, limpkin, sandhill crane, southeastern kestrel, Florida

scrub jay.

Amphibians and Reptiles - American alligator, gopher tortoise, sand

skink, eastern indigo snake, southern leopard frog.

Fish - snail bullhead, bluenose shiner.

A more complete list of.wildlife characteristic of the Wekiva Basin is

included in the resource inventory file in the central office.

E. Summary of Natural Systems

The Wekiva River its tributaries, associated wetlands and uplands are a

unique ecological resource in east central Florida. The system supports a

productive and diverse array of aquatic and upland natural systems and is a

refuge for many threatened, endangered and rare species.

Most of the Wekiva River is designated Outstanding Florida Waters including

Rock Springs Run and three miles of the lower reach of the Little Wekiva

River. The last three mil,es of the Wekiva are also designated a Scenic and

Wild River.

Publicly owned lands along the river provide the opportunity for,diverse water

and land oriented recreational activities utilizing the natural resources of

the area. Located in an area that is rapidly urbanizing, demands on the river

system are increasing; protection of this natural resource is vital to future
enjoyment by the public'.

Chapter V:

RESOURCE MANAGEMENT GOALS, OBJECTIVES AND POLICIES

A. Resource Management Introduction: The Use of Management Directives.

The aquatic preserve background presented in Chapter 11 and the description of

the Wekiva Basin provided in Chapter III collectively pro vide the

informational base for effectivemanagement. This chapter on resource

management provides a directional context for goals, or long range

achievements around which all management activities for the aquatic preserve

will be oriented. The goals represent optimum conditions for preservation of

water quality and living natural resources and address program administration

strategies. Objec tives provide a means of achieving goals, and polici es are

specific directives providing guidance for decision makers.

This chapter represents the principal source of guidelines for those involved

in making decisions with application to the aquatic preserve. Succeeding

chapters discuss more procedural aspects of program implementation, program

needs and management plan updates and amendments.

B. Resource Issues with Implications for Management

The natural resources of the Wekiva River have been described in Chapter III.

Several resource issues resulting from the increasing pressures of population

growth and human activity on the river are recognized. This section discusses

those resource issues which are most likely to require reference to management

directives.

Urban Development

The most immediate concern regarding the Wekiva River Aquatic Preserve is the

ecological impact of urban residential development along the east bank of the

Little Wekiva and Wekiva River in Seminole County. This area within Planning

Area 5, the Markham/Paola Area as identified in the Seminole County

Comprehensive Plan. Six new housing developments co vering approximately 4,248

acres with approximately six miles bordering the Aquatic Preserve are proposed

for this area. Potential impacts to the Wekiva River resulting from increased

urban developments are primarily related to water quality and water quantity.

Water Quality

The maintenance of the exceptional water quality of the Wekiva River is

dependent upon the balance of a myriad of interrelating environmental factors

associated with water quantity, velocity of streamflow, aquatic flora and

fauna, surrounding wetlands,.upland recharge areas, etc. Activities

associated with urban development may affect any or all of these factors and

should be closely monitored by all agencies involved.

Wastewater - Zoning within this area of the basin is General Rural with

one unit per acre density, permitting the septic tank method of

wastewater treatment. Several proposed PUD's with densities of three or

more units per acre, if approved, will require central wastewater

facilities. At the present time, insufficient data exists to analyze the

impacts of increased sewage disposal through septic tanks, percolation

ponds or spray fields on wetlands and the Wekiva River system. Studies

are currently in progress to determine septic tank densities that would

not have significant effects on the Wekiva River. Further assessments by

appropriate agencies are required to establish guidelines to effect

wastewater management without detriment to the Wekiva River.

Saltwater Intrusion - The Wekiva Basin lies within an area where the

freshwaters of the Floridian aquifer overlie more salty waters, which are

remnant of an earlier geologic era when the sea level was much higher

than its present level. The top 1,000 feet of the Floridian aquifer

generally contains large quantities of potable water. Excessive

withdrawals or lack of rainfall f oradequate recharge, may induce the

upward movement of more salty water from the greater depths. Increased

population density would necessitate additional groundwater withdrawals.

Rock Springs and Wekiva Springs discharge directly from the Floridian

aquifer and any dramatic increases in chloride concentration resulting

from increased groundwater withdrawals could negatively affect stream

biota. In addition, the quality of potable water now available to

residents would be diminished. To date, the hydrological capabilities of

the groundwater resources in the Markham/Paota area have not been

determined. Hydrological investigations should be performed by

appropriate agencies to determine the capabilities of the ground water

resource of the area, to provide information for adequately evaluating

the water supply potential, and to evaluate possible impacts to the

groundwater resource from increased use.

Stormwater Runoff - Excess nutrients (nitrogen, phosphorus) and heavy

metals (lead, zinc, copper) in stormwater runoff originate from increases

in impervious surfaces associated with residential and commercial

development. The degrading properties of runoff waters have been well

documented, and the use of retention/detention ponds has become common

practice to either prevent the discharge of runoff waters into receiving

lakes and streams or to treat them prior to release. The effectiveness

of retention/detention ponds in removal of excess nutrients has not been

fully investigated. Several system designs require periodic maintenance

to maintain their efficiency, which may or may not be performed (the

SJWMD is responsible for monitoring the efficiency of such systems).

Urban stormwater runoff is presently not a problem in the proposed

development area, but as development pressures increase, so will the

potential for problems associated with untreated storTowater.

Recreational Pressure

The Wekiva River System along with state and local parks and preserves are a

significant recreational resource. Swimming at the spring heads and picnicing

are major attractions drawing visitors from throughout Florida. In 1985, over

495,000 people visited Rock Springs at.Kelly Park. 225,657 people visited

Wekiva Springs State Park in 1985. The entire length of the Wekiva River and

Rock Springs Run is a State Canoe Trail and is one of the most heavily canoed

trails in the state. Sport fishing is an important recreation to local people

and also anglers from other parts of the state.

As a result of all this activity, damage to eel grass beds has been noted in

some areas along the spring run and river. Erosion of the stream bed and

increased siltation downstreams of these areas can be damaging to the river

and its biota. Refuse associated with recreational use has also been observed

at many places along the river.

Recreational pressures can only increase as Central Florida continues to

develop. An effective management policy must be developed to prevent

large-scale disturbances that may be created by over use.

C. Water Quality Goals, Objectives, and Policies

Management Goal

Departmental progr ams, activities and project review responses will be

oriented toward the long term goal of preserving the existing water quality of

the Wekiva River in those areas where water quality is excellent and improving
-the water quality elsewhere.

Objectives concerning data collection and decisional guidelines are

established to help achieve this goal and are presented here along with their

accompanying policies.

Data Objective

The Department will collect available historic and current data concerning

water quality within the aquatic preserve and vicinity and maintain the

currency of such data.

Management Policy

a. Field personnel will assemble historic data concerning water quality

from the Department of Environmental Regulation, Orange County Pollution

Control, Seminole County Environmental Services, St. Johns Water

Management District, U.S. Geological Survey, as well as any other

sources available..

b. Field personnel will maintain the currency of water quality data in such

a manner that it may be readily available for evaluative purposes.

Numerical, graphic, and tabular data will be in such forms that it may

be readily cross referenced to U.S.G.S. Quad sheets for the Wekiva

Basin.

C. Field personnel will prepare for th e central Bureau office an annual

technical report describing current water quality trends relative to

historic baseline data. Technical reports should also identify any

particular problem areas, areas requiring close monitoring, short term

events affecting water quality, and any other matter of special concern.

d. Central Bureau office staff shall distribute for local government and

media use a summary, in non-technical language, of field personnels

annual technical report. The summary shall include a one page map

depicting boundaries of the aquatic preserve and highlighting specific

areas mentioned in the report. The summary shall be distributed at a

minimum to the chairmen of the Orange, Lake and Seminole County

Commissions and to the offices of the Orlando Sentinel and Sanford

Herald. In addition, the summary and full technical report shall be

provided to such persons involved in the preparation or administration of

Orange, Lake and Seminole County Comprehensive Plans, and to the office

of the East Central Florida Regional Planning Council, the St. Johns

Water Management District, and the Department of Environmental Regulation

(District Office at Orlando).

e. Field personnel shall suggest to the Central Bureau office staff

additional needed information or research which would be of benefit to

the long term management of the aquatic preserve. The Central Bureau

office staff shall review suggesti ons and may refer them to appropriate

researchers or academic contacts or recommend that the department fund

the.project.

f. Field staff shall maintain current records of activit ies that may affect

long term water quality.. Such data shallinclude land use and

infrastructure considerations, recreational boat and canoe usage, and

state and loca'l park and preserve visitation.

Decisional Guideline Objective

Departmental decisions, recommendations, or positions with regard to any

current or proposed activity likely to have a measurable impact on the water

quality of any part of the Wekiva River Aquatic Preserve shall be promulgated

on the basis of non-degradation to overal I water quality over time.

Management Policy

a. The probable negative impacts on water quality from the following

categories of activities are sufficiently well documented to justify

their prohibition an ywhere within the aquatic preserve boundary:

dredging for fill, dredging for the purpose of creating access to a

private dock, placement of underwater utility lines.

b. Any proposed activities which are not prohibited and require the

Departments concurrence shall be evaluated on an individual basis.

Possible negative impacts identified by evaluation shall require adequate

mitigation as a condition of approval.

C. Field personnel shall be responsible for monitoring the condition of any

activities authorized by the Department, including compliance with

mitigation measures or other specific conditions of approval.

d. The Department may provide general or detailed comments and

recommendations concerning impacts to water quality from authorized or

proposed activities in the vicinity of the aquatic preserve to

appropriate parties.

e. The Department may provide water quality data, maps, and recommended

policy language to the governing bodies of Orange, Lake and Seminole

Counties supporting the development and administration of comprehensive

plans with regard to water resource management, conservation, recreation,

land use, stormwater management and infrastructure.

D. Living Natural Resources Goal, Objective and Policies

Management Goal

Departmental programs, activities and project review responses shall be

oriented toward the long term goal of maintaining the integrity of existing

natural habitats to insure the propagation of plant and animal species.

Objectives concerning data collection and decisional guidelines are

established to help achieve this goal and are presented here along with their

accompanying policies.

Data Obiective

The Department shall collect and maintain informatio n concerning the living

natural resources of the Wekiva River System.

a. Field personnel will maintain the currency of the initial baseline

species list as established and recorded in the resource inventory file

in the central office, adding species as they are confirmed by reliable

sources. Rare species or species in decline shall be noted in the lists

with specific reference to their present and former status.

b. Field personnel shall be familiar with current published literature and

works in progress pertinent to the li ving natural resources of the Wekiva

River System.

C. Field staff will be aware of natural and manmade alterations that may

affect existing plant and animal communities (erosion, storm drainage,

disturbance to eel grass beds from canoes and boat propellers).

d. Field staff will prepare a living natural resources map using USGS Quad

sheets depicting the location of plant communities and verified or most

likely locations of animal species of special interest.

The efficient description and location of resources within such a large area

requires the use of remote sensing techniques. This work will be d one in

conjunction with DNR's Marine Research Laboratory's Assessment of Fishery

Habitat Loss Study in the Alligator Habor area. Marine Research Laboratory

personnel have developed resource and habitat identification mapping through

the use of LANDSAT (satellite) imagery and aerial photography.

The vegetation and land use mapping done in this study will become the basis

for the development of a Resource Protection Area management system in the

aquatic preserves. This mapping system will identify and classify various

resources within the aquatic preserves that require protection by the manage-

ment program. Thi.s mapping system will also give acreage totals for each land

use and vegetation classification in the preserves. The vegetation portion of

the mapping will be augmented over time by wildlife and fisheries information

(endangered species, bird rookeries, etc.), archaeological and historical site

information and other resource factors deemed crucial to the continued health

and viability of the aquatic preserves.

The onsite managers will supplement this mapping with the above information to

develop and update a Resource Protection Area (RPA) mapping program. The RPA

mapping system is based on three levels of resource classification. The Class

I level will contain resources of the highest quality. Uses proposed for

these areas will receive the most rigorous review. The Class I level will

include one or more of the following: marine grassbeds; beaches; saltwater

marsh; oyster bars; archaeological and historical sites (upland and sub-
merged); endangered species habitat; colonial water bird nesting sites; and

other appropriate factors.

The Class 2 areas will be defined as those areas containing the resources of

Class 1, but in a transitional condition compared to Class 1. These resources

will either be building toward Class I status or declining to Class 3 status.

Class 2 areas will require careful field review as to the specific area's

sensitivity to each proposed use. In some respects, these areas may be as

sensitive or more sensitive to disturbances as Class I areas. The resources

of Class 2 will include: marine grassbed.s; salt marsh species colonizing new

lands; and other resources of Class I type that fit in the Class 2 condition.

Class 3 areas wil 1 be characterized by the general absence'of the attributes

of the above.two classes. Class 3 areas may have small localized Class I or 2

areas within them. Class 3 will generally have deep water areas or areas with
no significant vegetation or wildlife attributes.. Nearshore and bottom areas
significantly modified by man will be designated Class 3.

These RPA maps will require periodic revisions as the onsite managers learn

more about the resource's reaction to man's uses. Scientific research and

other data additions may also require modification of this system. Natural

changes will also require modification of this classification system.

Periodic checking by LANDSAT satellite imagery will become useful for remote

sensing monitoring as its use is more fully developed.

The RPA maps will become a planning tool for both onsite and central office

staff. More detailed field review will still be required to supplement this

information on a case by case basis, as necessary..

The initial development, as well as periodic review, will require support and

assistance of the many other resource regulating and managing agencies, as

well as local and regional government entities. Support will also be

requested from the colleges, universities, foundations and other interest

groups and individuals.

E. Cumulative Impact Analysis

Cumulative impacts are the sum total of major and minor changes or effects

upon a natural system. Taken singularly these effects may not constitute a
notable change in the condition of the natural system, but as these single

changes or uses accumulate, their combined impact may result in a substantive

environmental disturbance or degradation of the natural system.

The review of proposed uses in the aquatic preserve from the perspective of

cumulative impact analysis requires a thorough knowledge of the natural system

and the various interactions and dynamics within that system. This aquatic

preserve management program will initiate development of a cumulative impact

analysis program. The evaluation of cumulative impacts shall include the

following criteria from Chapter 18-20, F.A.C.:

(1) The number and extent of similar actions within the

preserve which have previously affected or are likely

to affect the preserve, whether considered by the

Department under its current authority or which existed

prior to or since the enactment of the Act; and,

(2) The similar activities within the preserve which are

currently under consideration by the department; and

(3) Direct and indirect effects upon the preserve which may

reasonably be expected to result from the activity; and

(4) The extent to which the activity is consistent with manage-

ment plans for the preserve, when developed; and

(5) The extent to which the activity is in accordance

with comprehensive plans adopted by affected local

governments, pursuant to Section 163.3161,

F.S., and other applicable plans adopted by local, state

and federal governmental agencies.

(6) The extent to which the loss of beneficial hydrologic and

biologic functions would adversely impact the quality or

utility of the preserve; and

(7) The extent to which mitigation measures may partially off-set

adverse impacts. Proposed mitigation to compensate for damages to

resources in the preserve will only be considered when no other

reasonable alternatives exist.

The availability of onsite preserve staff who are familiar with the distinc-

tive characteristics of this system, coupled with their ability to access

LANDSAT imagery and mapping, and other data sources, is the key to development

of a successful cumulative impact analysis program. As cumulative impacts are

identified for specific areas and/or resources, they will become an integral

part of the project analysis and decision-making process.

Departmental decisions, recommendations, or positions with regard to any

proposed or current activity with the potential to impact the living natural

resources of the Wekiva River shall be promulgated on the basis of providing

maximum protection to existing habitats or encouraging the restoration of

essentially natural conditions.

a. The clearing of shoreline vegetation shall be kept to a minimum and

allowed only for providing access in those areas where no other

alternative exists.

b. Herbicide use in the aquatic preserve shall be limited to those areas

threatened by the profileration of exotic plant species. Only those

chemicals approved by the U.S. Environmental Protection Agency for

wetland and aquatic systems may be used, and only licensed applicants or

representatives of state agencies may apply such ch emicals.

C. Any state owned islands in the aquatic preserve shall be maintained as

bird rookeries and wildlife habitat and may be posted by field personnel

as off-limits to human visitors.

d. Evidence of any resource violations shall be reported immediately to

staff at Lower Wekiva River State Reserve, Rock Springs Run State

Reserve, or the Florida Game and Freshwater Fish Commission.

F. Administrative Goal, Objective and Policies

Administrative Goal

Departmental programs and activities shall be administered in accordance with

the long term goal of a well organized, efficient, and coordinated operation

which can prioritize immediate and Tong term needs, work productively with

other public agencies, deal fairly with landowners and the general public, and

communicate readily with,all concerned parties. Objectives concerning

operations, communications and future directives are established to help

achieve this goal and are presented here along with their accompanying

policies.

Operations Objective

Aquatic preserve program operations shall be conducted in such a manner so as

to expedite permit reviews and other development or project reviews within a

coordinated framework.

Management Policy

a. Central Bureau office staff and f ield staff shall coordinate their

review procedures for permits and all other matters so that any required

communication with applicants or other agencies occurs as early in the

review process as possible.

b. Departmental determinations, recommendations, or p ositions with regard

to permit applications or other projects under review shall not be any

less stringent than pertinent requirements of the Seminole County

Comprehensive Plan or the East Central Florida Regional Policy Plan.

c. Field staff shall conduct periodic monitoring of approved permits and

projects to ensure compliance with the conditions of the permit.

Communication Objective

Departmental activities shall include a mechanism for regular communication

with-interested parties regarding aquatic preserve issues with which the

Department is involved.

Management Po icy

a. Field staff shall be available to make presentations about the Wekiva

river and the aquatic preserve program to any interested local, civic or

school group.

b. Field and Central Bureau office staff shall initiate and maintain

contact with key academic departments and individuals in the state

university system to inform them of research needs and opportunities.

Future Directives Objective

Daily administration duties shall include data acquisition and routine work

scheduling to accommodate lo ng range program needs in manageable increments.

Management Policy

a. Field personnel shall provide site evaluations and other supporting

information for proposed inholding acquisitions or aquatic preserve

boundary extentions.

b. Field personnel and.Central Bureau office staff shall communicate on a

regular basis to insure that work tasks, assignments, and time frames

are well coordinated.

c. All goals, objectives and policies applicable to the existing aquatic
preserve shal.1 be applicable to boundary extensions or acquired
inholdings.

Chapter VI

MANAGEMENT IMPLEMENTATION NETWORK

This chapter of the management plan will address the various relationships of

aquatic preserve management to the different government agencies and programs,

non-government entities, interest groups, and individuals within the aquatic

preserve area. The activities of both field pers onnel and central office

staff as they relate to these other organizations will be presented.

A. FEDERAL

Many federal agencies have property interests, land and wildlife management

programs, research activities, construction activities, and regulation

programs existing or potentially existing within the aquatic preserve, The

objective of the aquatic preserve management program will be to complement

the various activities wherever possible. The field personnel will assist

those federal agencies in areas where.they have common goals. The field

personnel and central office staff will also review the federal activities as

to their effect on the objectives of the aquatic preserve management. The

review shall be coordinated through the DER.'s Office of Coastal Management for

the purposes of enforcing the provisions of the Federal Coastal Zone Manage-

ment Act of 1972, as amended.

1. United State Fish and Wildlife Service. The Aquatic Preserve program will

be involved in the review of proposed-preserve uses in conjunction with the

Fish and Wildlife Service. The USFWS reviews dredge and fill requests and

other federal level permitting under the Fish and Wildlife Coordination Act.

Another management program in which the field personnel could possibly

interact with the Fish and Wildlife Service is the protection and recovery of

endangered species and bird rookeries within the aquatic preserve. Field

personnel will become involved in using available recovery techniques for this

purpose, as necessary.

2.. U.S. Army Corps of Engineers. The U.S. Army Corps of Engineers (COE) is

charged with providing technical guidance and planning assistance for the

nation's water resources development. The COE also provides supervision and

direction to many engineering works such as harbors, waterways and many other

types of structures. Their major responsibility, as it applies to the aquatic

preserve, is the protection of navigable waters, pollution abatement and

maintaining water quality and the enhancement of fish and wildlife.

The COE activities in the Wekiva River area include their involvement with the

DER in the dredge and fill permitting process, technical oversight of channel,

inlet and canal maintenance, and evaluating requests for new channels, canals

and other such public works projects. The field personnel will become

familiar with the various programs, policies and procedures as they apply to

the aquatic preserve.

The field personnel and central office staff will also review activities

proposed by the COE for conformance to the objectives of the aquatic preserve

management plan. This involvement should begin in the earl stages of proJect
y

planning in order to facilitate the best protection of the aquatic preserve

possible.

3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

Department of the Interior has the responsibility to perform surveys,

investigations, and research pertaining to topography, geology, and the

mineral and water resources of the United States. USGS also publishes and

disseminates data relative to those preceding activities. In the past the

USGS has conducted many studies on various resources in the region.

The field personnel and central office staff will become familiar with these

studies and the data results as they apply to their management activities.

j4. U.S. Environmental Protection Agency. The U.S. Environmental Protection

Agency (EPA), in cooperation with state and local governments, is the federal

agency responsible for the control and abatement of environmental pollution.

The six areas of pollution within which the EPA is concerned are air, water,

solid waste, noise, radiation and toxic substances. The DER is the state

agency responsible for handling most of these programs on a state level in

lieu of a federal program. Within the aquatic preserve, the field personnel

will assist the EPA in planning field ac tivities and where there are common

goals.

B. STATE

Many state agencies have programs which affect the resources or regulate

activities within the aquatic preserve. There are other DNR programs that

are within or affect the Alligator Harbor Aquatic Preserve management.

1. Department of Environmental Regulation. The Department of Environmental

Regulation (DER) is the state agency in charge of state-wide regulation of

water quality. The DER is also the local contact in the aquatic preserves

area for the initiation of dredge and fill applications in conjunction with

the COE and DNR. With respect to water quality and dredge and fill regula-

tion, the DER is one of the most important agencies to the management of the

aquatic preserve. Maintaining water quality in the preserve is critical to

the health.of the River, and dredge and fill activities are one of the most

potentially destructive activities affecting water qualtiy within the

preserve. The DER also monitors and regulates other potential forms of pollu-

tion, such as air pollution, wastewater discharges, and hazardous waste, all

of which can affect the ability to maintain essential natural conditions.

The field personnel will become familiar with the water quality,- dredge and

fill, and other regulatory programs that are important to the aquatic

preserve. The field personnel should develop a close working relationship

with DER staff and become familiar with DER field activities and programs that

are in common with the objectives of the aquatic preserve-management program.

The field personnel should open the most efficient line of communication with

the local offices to receive advanced copies of the permit applications from

DER to improve the response time within the review process.

The DER, Offi ce of Coastal Management is charged with coordinating activities

related to coastal management in the state and reviewing federal actions for

consistency with the State Coastal Management program, Section 380.20, F.S.

The central office staff will maintain a close relationship with the Office of

Coastal Management for assistance in the review of federal actions, data and

resea rch needs, and other program support.

2. Department of Community Affairs. The Department of Community A ffairs

(DCA) is responsible for determining Developments of Regional Impact (DRI) and

for recommending to the Administration Commission Areas of Critical State

Concern (ACSC). DRI 's are major developments that have impacts on a scale

which is greater than county level and require a regional review from

neighboring local governments and stat e agencies. Both the central office

staff and field personnel of the aquatic preserve program will be involved in

reviewing DRI's. The field personnel should receive notice of a DRI through

the central office staff and will proceed with the field review. The central

office staff will coordinate the field review findings and work with the other
-state agencies in Tallahassee in the review of the DRI.

The ACSC program is intended to protect the areas of the state where unsuit-
*able land development would endanger resources of regional or statewide

significance. When an area is identified as a possible ACSC, a Resource

Planning and Management Program (RPMP is established. The RPMP evaluates the

resources, and the local government's land development practices. After this

evaluation is complete, the RPMP committee makes recommendations to the local

governments on how their land development practices could be improved to

ensure an orderly land well-planned growth that would protect the critical

resources. When these modifications are not made to the RPMP committee's

approval, areas of local government that are not in conformance could be

designated an ACSC or the entire area may be designated an ACSC by the

Legislature. The Wekiva River Aquatic Preserve area is not currently

designated an ACSC.

3. Department of Natural Resources. The aquatic preserve management program

is associated with several other Department of Natural Resource (DNR) programs

in the Wekiva River area.

DNR's Marine Research Laboratory in St. Petersburg, under the Division of

Marine Resources, has several studies and programs ongoing statewide.involving

Fisheries habitat loss which will benefit the aquatic preserve program. The

Resource Protection Area mapping developed as part of these studies will also

be used in the management of Wekive River aquatic preserve. The data

currently available from these studies are incorpo rated into this management

plan.

The Division of State Lands within the DNR is charged with overseeing uses,

sales, leases or transfers of state-owned lands. The aquatic preserve staff

will interact with State Lands in all transactions concerning submerged lands

within the aquatic preserve. These would include the potential acquisition of

privately titled submerged lands or contiguous uplands important to the integ-

rity of the preserve.

The Division of Resource Management, through the Bureau of Aquatic Plant

Research and Control, is responsible for various aquatic plant programs

potentially affecting the aquatic preserve. Staff will establish

communication links with this Division to ensure that adequate consideration

is given to potential impacts upon the preserve that may result from the

conduct of their various programs.

The Division of Recreation and Parks, in addition to the work related to

aquatic preserves by BLARM and the Florida Park Service, is also involved in

the management of State parks and recreation areas nearby. The aquatic

preserve program will work closely with these programs as they relate to

aquatic preserve management objectives.

4. Florida Game and Fresh Water Fish Commission. (GFWFC) The GFWFC's

Environmental Services office in Tallahassee sends biologists into the

preserve to review projects which may have potential impacts on local fish and

wildlife habitat as necessary. The central office will use the GFWFC's assis-

tance in their review process, when possible, and in devel oping fish and

wildlife management for the aquatic preserve.

The GFWFC also has law enforcement officers working in this area. The field

personnel will interact with these officers where there are common goals of

protecting wildlife and other resources w ithin the Wekiva River.

The GFWFC is also thestate coordinator of the Non-Game Wildlife and the

Endangered Species Programs in Florida. The Field perso nnel and central

office staff will work with GFWFC personnel in developing program needs in

this area.

5. Department of Transportation. (DOT) The DOT has its State headquarters

office in Tallahassee and District office in Orlando, and the aquatic preserve

field personnel and the central office will work with the resident engineer on

anticipated projects having possible impacts on the aquatic preserve. The

field personnel and administrative staff will review any major highway or

bridge projects that may be proposed in the future.

6. Department of State. The Division of Archives, History and Records

Management (DAHRM) in the Department of State will have a close working

relationship with the field personnel and central office staff in the protec-

tion of archaeological and historical sites. The field personnel will.be

directed by DAHRM, through the central office, in any activities or management

policy needs for these sites.

7. Health and Rehabil itative Services. (HRS) Both the central office staff

and field personnel will establish communication and coordination linkages

with HRS and their locally conducted programs of septic tank regulation and

mosquito control. Although mosquito control serves a useful public function,

the effects of pesticides (adulticides and larvacides) in the waters of the

preserve are a primary concern. Additionally, the central office staff will

become involved in future meetings and management programs developed by the

Governor's Working Group on mosquito control. Subsequent policy recommenda-

tions coming out of this group will be evaluated for applicability to the

ongoing aquatic preserve management program.

C. REGIONAL

The regional level of the management implementation network as it applies to

the Wekiva River Aquatic Preserve will include the St. John River Water

Management District and The East Central Florida Regional Planning,Council.

These organizations have activities that are broader than the local

government, but are on a smaller scale than the state level.

1. Water Management District. The St. John River Water Management District

includes Lake, Volusia and Seminole Counties. The wa ter management district

administers permitting programs for consumptive water use, management and

storage of surface waters well drilling and operation, regulation of

artificial recharge facilities, and works of the district. This includes the

withdrawal and use of water from rivers, streams, and wells. The types of

water uses they permit in the preserve area include irrigation and public

water supply. The field personnel will become familiar with the review and

permitting procedures as they might apply to water supply in this basin. The

water management district is also involved in various studies on water supply

and management, and other related research that may be of use to aquatic

preserve management.

2. Regional Planning Councils. The East Central Regional Planning Council

(ECRPC) serves as a regional planning body for the local governments of Lake,

Volusia and Seminole Counties. Other east central Florida counties are served

by these regional planning councils, as well. Among its duties, the ECRPC:

a. aids local governments with planning expertise;

b. is the regional representative for the Development of Regional

Impact (DRI) review process;

c. serves as regional clearinahouse for state and federal projects and

programs;

e. conveys information from the local governments to the state and

federal levels; and

f. prepares and administers the.regional policy plan.

The field personnel will become familiar with the various projects, programs,

and data sources that the ECRPC has within their administration that may

affect or prove useful to the aquatic preserve program.

The DRI review of projects which affect the aquatic preserves will be reviewed

by the central office staff, with the field personnel's field review, when

necessary. DRI's for large marinas, large s ubdivisions on the uplands above

the preserve, and commercial or industrial developments will require a field

review by the field personnel as to their effect on the aquatic preserve.

D. Local Governments and Special Districts

This section will address the relationship of the aquatic preserve management

program to the various local government agencies, special districts and their

programs. The local governments for Wekiva River Aquatic Preserve involve

Lake, Seminole and Orange Counties. The various special districts (drainage

and mosquito control) and their relationship to aquatic preserve management,

are also presented.

The field personnel will be the local liaison for the aquatic preserve to

these local government entities to assist them in modifying their policies and

practices to conform to the objectives of the aquatic preserve's management

plan, and to exchange information and expertise for mutual benefits.

1. Relationship to local management plans: Local (municipal and county)

governments are required by the Local Government Comprehensive Planning Act of

1975 (Section 163.3161, F.S.) [as ammended by Chapter 85-55, Laws of Florida,

to the Local Government Comprehensive Planning and Land Development Regulation

Act] to update their local plans and among other requirements adopt land

development regulations and improve coastal management protection. The

coastal management element of the LGCP along with the land use and conser-

vation elements establishes long range plans for orderly, and balanced

development, with particular attention to the identification and protection of

environmental resources in the planning area. Conformance with the criteria,

policies and practices of a local government comprehensive plan is required

for all development within the local governmental jurisdiction.

The intent of the aquatic preserve management program and this plan is to

guide Lake, Volusia and Seminole governments during their comprehensive

planning toward developing local plan criteria and standards to be consistent

with the objectives of the aquatic preserve program. Field personnel will

become acquainted with local planning efforts and local officials and lend

assistance for this purpose.

2. Relationship to local development codes. The local zoning and development

codes (e.g. building codes) provide the major local regulation that defines

what an owner can do on a particular parcel of property. The zoning

prescribes the allowable uses and the intensity of those uses. Certain uses

along an aquatic preserve can potentially have a profound effect on a

.preserve.

This section will operate in conjunction with the preceding section on local

management plans. The field personnel will become familiar with the local

zoning, development codes and their potential effects on the nearby aquatic

preserve. The field personnel will assist local planning and zoning official s

in identifying areas where changes in zoning would better conform to the

objectives of environmental protection for the aquatic preserve management.

The field personnel will also offer to assist local planning and zoning

officials in the review of proposed subdivisions upland of the preserve.

3. Special Districts (Drainage, Tnlet and Mosquito Control). The special

districts.are taxing districts established to correct drainage and mosquito

control problems. Lake, Volusia and Seminole Counties have mosquito control

districts.

These districts may not have an official comprehensive management plan, but

they do have management policies and program statements that are similar to

such a plan. The field personnel will become familiar with these policies and

the activities of these districts and will monitor their effect on the aquatic

preserve. For examp le, the field personnel might recommend identifying areas

that should not receive mosquito spraying or other alternative management

because of remoteness to inhabited areas and because of possible damage to the

resources of the aquatic preserve; or drainage districts might be asked not to

use certain types of herbicides or to use them only at certain times of the

year.

E . Other Entities

This section will apply to the numerous entities that have an interest in the

aquatic preserve but are non-governmental agencies. They include the

environmental interest groups (i.e., Friends of Wekiva River, Inc., Audubon

Society, Sierra Club, Plant Society, and others), universities and the fishi ng

and sporting groups. The relationship of these entities to aquatic preserve

management might include the coordination of activities, such as scientific

research, environmental education, management of rookeries or other natural

areas, or numerous other possible activities. A worthwhile aquatic preserve

management process will depend on the continued support and help of these

interest groups in all of the aquatic preserves.. The field personnel will be

active in communicating the aquatic preserve management process and activities

to the various groups and consulting with them for their help in their areas

of expertise.

Chapter VII

PUBLIC USES

This chapter addresses the public use of the aquatic preserve. The public in

this case shall refer to the g eneral public or those persons without riparian

rights. The "Florida Aquatic Preserve Act of 1975" (Section 258.35, F.S.)

allows for the lawful and traditional public uses of the aquatic preserve,

such as sport fishing, boating and swimming (as adapted from Section

258.43fl], F.S.) These and other traditional uses that do not involve a

commercial intent or the use of a riparian right to place a structure in the

preserve, and do not degrade or otherwise destroy the preserve will be con-

sidered public uses. This section will be further divided into consumptive

and non-consumptive uses as applicable to each resource.

A. Consumptive Uses.

Consumptive uses involve the removal of resources from the preserve. These

uses include fishing, hunting, shellfishing and other related activities.
They also include the unintentional removal'of resources by propeller damage

to grassbeds. The management of these uses (see Chapter V, Resource Manage-
ment, Section B: Onsite Management Objectives) will include the o bservation

and monitoring of the effects of these uses on-the resources. The field

personnel will periodically assess the impacts through the use of the Marine

Research Laboratory's LANDSAT capabilities for habitat losses or disturbances

in the Wekiva River area plus any other studies or data sources that might

become available. This management will also include the protection of the

resources fro m unlawful or excess practices of these uses. The legality of

these uses will be controlled by existing applicable state laws and local

ordinances. Field personnel, for example, will become familiar with and

monitor the success of rules adopted by the Game and Freshwater Fish

Commission. These will include regulations on fishing gear, bag and size

limits, closed areas, seasons, etc.

Consumptive uses will also be monitored for their effect on other resources

(e.g., bird rookeries, grassbeds, archaeological and historical sites). The

field personnel wil 1 also be sensitive to additional enforcement needs (i.e.,

the need for additional enforcement staff during nesting seasons).

B. Non-consumptive Uses.

These uses are those which do not generally remove resources from the

preserve. Examples of these uses include swimming, diving, boating, bird-

watching and other related activities. The management practices involved with

these uses will be the same as those previously described under Section A.,

except that these uses are not generally controlled by law. The guiding

principle in these cases will be whether or not the activity causes a disrup-

tion of the preserve's resources (e.g., destroys grassbeds, or disturbs

rookeries). Only in the event of these disruptions will the field personnel

become involved. Some of these uses may possibly be involved in environmental

education programs (Chapter XI).

Chapter VIII

PRIVATE NON-COMMERCIAL USES

This section will apply to those private, non-commercial uses which are

associated with riparian land ownership. The management of the aquatic

preserve recognizes the traditional riparian rights of upland property owners.

The right of ingress, egress, boating, swimming, fishing and other incidental

uses of sovereignty lands, historically has allowed for the placement of

certain structures, such as docks within the preserve. The right to make any

preemptive use of sovereign lands is a qualified one and can only be exercised

with the prior consent of the Board after a finding that such uses will not

impair public uses, or destroy or damage areas of environmental significance.

The review of proposed activities will require the interaction of the Resource

Protection Area mapping with administrative and possible field review and

later monitoring by field personnel as projected by Chapter V., Section B.

Private non-commercial uses shall be designed to avoid critical Resource

Protection Areas (Class 1 and 2) and shall be designed to reduce the uses'

impact to the preserve in general. Individual applications for these private

non-commercial uses shall be reviewed by the applicable Resource Protection
Area Map and criteria. In addition, private dock proposals will be reviewed

by the criteria described in Section 18-20.04(5) F.A.C. of the revised Aquatic

Preserve Rule.

Seawalls should be placed, when allowed, in such a way as to be the least

,destructive and disruptive to the vegetation and other resource factors in

each area. Approved uses which do disrupt or destroy resources on state-owned

lands will require mitigation. This mitigation will include restoration by

the applicant or other remedy which will compensate for the loss of the

affected resource to the aquatic preserve.

Dredging within the aquatic preserve shall be held to a minimum. Dredging

proposals shall be reviewed according to the procedures in Chapter V depending

on the proposed activities location within the RPA. Proposals within Class I
area*s (Chapter V[BI[61.) will be scrutinized to the maximum extent in order to

find the best practicable method of development and location if that use is

acceptable in that particular area of the preserve. The mitigation of lost or

disturbed resources shall be required.. There shall be no dredging allowed in

Class I or 2 areas or in nearby areas if it will adversely impact these areas.

The location of proposed multi ple docking facilities, such as for condominium

developments, shall be based on the marina siting criteria described in

Section 16Q-20.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

Authorization of such facilities will be conditioned upon receipt of docu-

-mentation evidencing the subordination of the riparian rights of ingress and

egress for the remainder of the applicant's shoreline for the life of the

proposed docking facility.

Non-residential docking facilities (commercial) are addressed in Chapter IX.

The use of airboats within this preserve is seen as a non- traditional use and

this activity is discouraged due to the background noise they create.

Applications for airboats use within the preserve will be reviewed on a case

by case basis. Their use will only be recommended where the activity will not

affect resource protection areas, or the other natural and aesthetic values of

the preserve, or when required in law enforcement efforts

Chapter IX

COMMERCIAL USES

This section addresses the variety of traditional and non-traditional (i.e.,

new uses in this area) commercial uses which might occur within the aquatic

preserve. Among the traditional uses in the Wekiva RIver area are utility

crossings, marinas and commercial uses.

A. TRADITIONAL COMMERCIAL USES

1. Utility Crossings. There are at present time both aerial and underwater

utility crossings in the aquatic preserve. Future proposals should be

designed so the preserve is crossed by the least destructive method in the

least vulnerable areas according to the RPA.maps (Chapter Vr-Cl). Increased or

additional use of any existing utility crossings is preferable, if their

condition at the time of the proposal is acceptable. The field personnel

should eventually develop a utility crossing plan for all areas with antici-

pated utility crossing needs to allow for advance planning, for placement of

these crossings in the best environmental location possible. The utility

crossing plans, when completed, will become a part of this plan. Crossings

should be limited to open water areas to minimize disturbance to grassbeds or

other critical habitat areas and should not interfere with traditional public

uses.

2. Marinas. The locating of marinas and their related uses will be a major

concern of the Wekiva River Aquatic Preserve management. Marinas represent a

use with many potential impacts on the preserve's resources. The siting

policy of Section 18-20.04(5) F.A.C. of the revised General Aquatic Preserve

Rule shall be used for siting marinas in the aquatic preserves.

3. Other Docking. Any other type of commercial docking, not mentioned in the

preceding sect ions, will follow the marina siting policy as stated in Section

18-?0.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

B. Non-traditional Commercial Uses

1. Deep Water Port Facilities. There are no facilities of this type within

the Alligator Harbor Aquatic Preserve at the present time. New deep water

port facilities within the preserve boundary shall be prohibited.

2. Power Plants. Power plants have the potential for causing major changes

in the air quality, water quality, and plant and animal life of the aquatic

preserve. For these reasons, they are incompatible with the purposes of this

aquatic preserve. The location of proposed power plants upstream of a

preserve should also be evaluated as to the effects on the downstream

preserve.

3. Other Uses. Any other use that qualifies as a commercial use of

state-owned submerged lands not mentioned above will require a review for its

anti cipated impact on the aquatic preserve and the best location for the

activity compatible*to the resource protection areas within each preserve.

Chapter X

SCIENTIFIC RESEARCH

The field personnel attached to the Wekiva River Aquatic Preserve should serve

as the area coordinators of scientific research in the preserves. Scientific

research, and any other type of research or testing within the aquatic

preserve, should require the clearance of both the field personnel and the

central office staff before these activities can proceed. Certain activities

could be detrimental to the resources of the preserve and should be carefull y

reviewed before allowing them to occur. Fa ctors including location, specific

procedures, and time of year, should be carefuTly reviewed for the possible

disturbance or effect of the research on the other resources of the aquatic

preserve. The field personnel will be aware of the possibility of working

with othe r government agencies, colleges, universities, research foundations

and government programs to fill the data needs of the aquatic preserve (see

Chapter V and XII). The field personnel will assist in the selection of

possible test sites and other research needs within the preserve.

Chapter XI

ENVIRONMENTAL EDUCATION

The aquatic preserve should be used to enhance environmental educational

programs at every opportunity. The goal of maintaining the aquatic preserve

for the benefit of future generations can begin to be realized through the use

of aquatic preserves for environmental education. Through education, the

youth of Seminole, Lake and Volusia. Counties can acquire a knowledge of the

natural systems and an appreciation for the aquatic preserve program.

The field personnel will, through their normal activities in the aquatic

preserve, select good examples of habitats and resources within these aquatic

environments for use during educational group tours. This might include the

development of environmental educational boat or canoe tours through the

preserves. Other educational activities might also include prepared presen-

tations for specific interest or user groups such as sport (boating, diving,

fishing, etc.), civic and conservation groups and the development of a

brochure outlining the major points of management within the preserve. These

brochures could then be circulated to the various user groups. The field

personnel will also prepare programs on the value of management activities of

.the aquati c preserve for presentation to interested groups of all ages.

Educating the public about aquatic preserve management is the key to the

success and future of the preserve.

The environmental education activities of the Wekiva River Aquatic Preserve

may be coordinated with the public information and education program of the

Rock Springs Run State Reserve. The edUcational goals of the preserve and

reserve are similiar. A cooperative effort between both programs and a

sharing of resources would strengthen the educational impact of each.

Educating the public about estuarine and related resources is the key to the

success and future of the preserve.

Chapter XII

IDENTIFIED PROGRAM NEEDS

This chapter of the management plan will address the various internal program

needs that are expected to be identified during management activities.

Meeting these needs will correct or generally relieve some stress on the

preserve or the personnel involved in the management of the aquatic preserve.

These needs may, in some cases, require legislative or administrative rule

changes or acquisition of critical areas by the State. The need to identify

problem areas and adjust the management plan in a manner that will positively

address these problems and management needs is an essential element of any

good management program. Both field personnel and central office staff will

continually monitor the management plan implementation process and specifi-

cally identify observed program needs and problems. The areas to be

considered include, but are not limited to:

A. acquisition of additional property,

B. boundary problems,

C . legislative needs,

D. administrative rule changes,

E. data needs,

F. resource protection capabilit ies, and

G. funding and staffing needs.

A. Acquisition of Additional Property

There are areas both within and upland of the aquatic preserve that are in

public ownership under the jurisdiction of various local, state and federal

agencies. Many of these lands contain important resources, such as bird

rookeries, archaeological or historical sites, endangered species habitat, and

freshwater source wetlands as well as other wetlands. The protection of these

areas is necessary to the wilderness preserve designation areas. Formal

management agreements, memoranda of understanding, etc. that will ensure the

compatible management of these areas will be developed. Other areas within or

adjacent to the preserve that are in private ownership should be closely

examined to determine the advisability of bringing them into public ownership.

The acquisition of these lands might act as a buffer to critical resources,

prevent development of sensitive areas, allow the restoration of areas

adversely affected by previous development or allow removal of disrupting uses

within a preserve. The field personnel, during normal management activities,

should be aware of significant upland areas and sovereign land conveyances

which, if developed, would compromise the integrity of the aquatic preserve.

The field personnel will keep a running record of these areas and will

prioritize-these areas for possible public acquisition.

B. Boundary Problems and Systems Insufficiencies

The boundaries of the aquatic preserve are often political lines or artificial

delineations of the natural systems within and surrounding the preserves. The

field personnel, in their normal management activities, will be sensitive to

the possible need for boundary modifications in areas where resources would be

better protected. Potential boundary changes might include areas adjacent to

the present boundary or previously conveyed sovereign lands. Any boundary

change will require legislative approval.

C. Legislative Needs

Management needs could involve changes in the legislatio n pertaining to

aquatic preserves or changes in the other statutes upon which aquatic preserve

management is based. These changes may include boundary realignments or the

strengthening of certain management authorities.

D. Administrative Rule Changes

Administrative rule statements addressing the organization, procedures and

practices used in the implementation of aquatic preserve management plans and

policies. This process includes identifying problems within the Department of

Natural Resources as well as other agencies, that affect the management of

the preserve.

E. Data (Information) Needs

The field personnel and central office staff will note data needs and promote

research or other means to fulfill them. Data needs in the near future could

possi.bly be supplied by such ongoing projects as the U.S. Geological Survey's,

and Northwest Florida Water Management District studies, Department of

Environmental Regulation water quality monitoring or by the research of other

agencies. The field personnel will be aware of data needs as they interact

with the various levels of government and with other entities. These data

needs might include additional mapping, ownership information, water quality

data or any other data. The major suppliers of data will probably be other

public agencies that are conducting programs in and around the preserve.

Other potential sources of data are the colleges and universities that have,

in the past, conducted research projects in the area.

F. Resource Protection and Enforcement Capabilities

As the problems associated with increasing population create changes in the

Wekiva Area, additional research will be necessary to determine the impact of

those changes, and to aid in preparing planning and management strategies to

limit detrimentaleffects on the river ecosystem.

An important factor in the evaluation process is the availability of data

pertinent to the situation. Water quality and water quantity data have been

collected at various stations in the Wekiva River system for many years by at

least five agencies. This data is available through the EPA retrieval system

"STORET." Additional information on the Wekiva River is available in the form

of various water quality reports, agency files, and other environmental

reports.

To date, no one agency has a complete file on the available information

concerning the Wekiva River System. A comprehensive compilation of available

information on the Wekiva River system and the accessibili ty of the body of

information is fundamental to the adequate assessment of future developments

and trends. A complete inventory of the Wekiva River System would aid in

determining the ecological tolerance of the ecosystem and also render a more

accurate profile of the cumulative effects of various factors on the system.

This type of research is particularly identified in the departments Agency

Functional Plan as a priority, for without reliable data the concept of

cumulative impact analysis is more a theoretical construct than a useful

decision making tool.

Another area of importance that requires additional research is related to

disturbances to eel grass communities. As boat traffic and canoe activities

increase, disturbances to eel grass beds and erosion will alsoincrease.

Baseline data, including mapping of eel grass communities, and eroded and

problem areas on USGS Quads, is essential for the development of management

strategies to offset further damage,

Several interrelated issues concerning intensified land use within the Wekiva

Basin require additional research: water supply, wastewater treatment,

effluent disposal, and stormwater drainage. Major planning issues related to

water resources and infrastructure support presently confront northwestern

Seminole County. Without adequate research, planning, and management, the

cumulative effects to the Wekiva Basin can be highly detrimental.

G. Funding and Staffing Needs

In the past, the aquatic preserve program has been largely dependent on

federal coastal zone management grant funds for its operation, and as a

result, the funding of both field positions and central office positions has

been limited. The 1986 Florida Legislature has changed this situation by

authorizing 11 positions, most of which will be field positions. A field

position for an aquatic biologist has been designated for the Wekiva River

Aquatic.Preserve, and should be active by December 1986.

A budget covering projected staff time, equipment, travel, and other expenses

is shown below. The budget required is to fulfill the short range needs of

the Wekiva River as described in this management plan, and also to insure the

fulfillment of the midrange Department goal of on-site management for all

aquatic preserves by 1991, as expressed in the Agency Functional Plan.

1986-87 Fiscal Year Budget
for the
Wekiva River Aquatic Preserve Management

Salary (Environmental Specialist II) and
Overhead $ 27,290
(OPS Employment) 8,320

Operating Capital Outlay 14,000

Expenses i'500

TOTAL $ 5 1,110

Staff will annually develop an implementation status report that will contain
a summary of identified management needs and suggested measures to be taken in
meeting these needs.

REFERENCES CITED

Canfield, D.E.; Hoyer, M.V. The nutrient assimilation capacity of the Little
Wekiva River -- annual progress report, Oct. 1984 - Sept. 1985.
Department of Fisheries and Aquaculture. Center for Aquatic Weeds.
Univ. of Florida Gainesville,

Clabaugh, T.; Dwyer, J.; Griffrey, J.; Hastings, P.; Richards, S.; Van
Derworp, T.; The report of available information for development review.
Wekiva River Basin Study Committee. 1-28; 1985.

Courtney, C.M. Native land use determinations on the Deltonas Corporation's
Wekiva River Property in Orange and Lake County, Florida; Unpub. 1982
report to DNR.

Department of Commerce, Division of Economic Development, Bureau of Economic
Analysis. Florida County Comparisons; 1985.

Department of Environmental Regulation.. Extending the boundaries of the
Outstanding Florida Water Designation within the Wekiva River System.
Report to the Environmental Regulation Commission; March 1983.

Department of Environmental Regulation. Little Wekiva Intensive Study.
October 1981. (Seminole County) Wat. Qual. Tech. Ser. 1(60): 1-

Department of Natural Resources, Division of Park and Recreation. Rock
Springs Run State Reserve Management Plan; 1986.

East Central Florida Regional Planning Council. Urban Stormwater Little
Wekiva River sub-basin. 208: Area wide water quality management plan.
1980.

East Central Florida Regional Planning Council. (Baseline 1985). A review of
selected Lake County water related resources with recommendations for
preservation and protection. Appendix A: Evaluative information on
water related environmentally sensitive areas in Lake County; 1984.

East Central Florida Regional Planning Council. (Baseline 85). Perspective
on Regional. Growth, 1985-1989; 1985.

Hynes, H.B. The ecology of running waters. Toronto: Univ. of Toronto Press;
1970.

Milanich ' J.T.; Fairbanks C.H. Florida Archaeology. New York: Academic
Press; 1980.

Orange County Pollution Control Department. Wekiva Basin Report. 1977.

Rosenau, J.C., et al., , Springs of Florida. U.S.
Geol. Surv. Bull. 31: 1977.

94 -

Shofner, J.H. History of Apopka and Northwest Orange County.
Rose Printing Co.; 1982.

Stewart, M.C. Report to the Orange County Planning Department on the
archaeological significance of the Rock Springs-Wekiva proposed purchase
under the C.A.R.L. program. 1982.

Technical Committee of the Friends of the Wekiva River, Inc. The Wekiva River
Basin: A Resource Endangered;

U.S. Army Corps of Engineers, Jacksonville. Floodplain Information Wekiva
River Seminole, Orange and Lake Counties, Florida; 1974.

U.S. Geological Survey and Florida Bureau of Geology. Distinctive Karst
features in Orange County (town brochure); 1980.

White, W.A. Geomorphology of the Florida peninsula. Florida Geol. Surv.
Bull. 51:107-108; 1970.

CONTENTS OF APPENDICES

A. Florida Aquatic Preserve Act of 1975 ( � 258.35-258.46,F.S.)
B. Administrative Rules for Florida's Aquatic Preserve ( 5 18-20, F.A.C.)
C. Administrative Rules for Florida Sovereignty Submerged Lands Management

D. Legal Description of Wekina River Aquatic Preserve

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

use of such areas. 258.331 Penalty for violation of ss. 258.17-258.32.
History-s 12. Ch. 70-355 s. 1. ch. 70-439; s 8, ch. 77-126: s 1, Ch. 82-46: s. 2, -Any violation by any person. natural or corporate, of
ch B3-265.
'Note. -Repealed effective October 1, 1989, by s 1, ch 82-46, as amended by the provisions of this act o, any rule or regulation issued
-265. and Scheduled lof ievew pursuant to S. 11 611 in advance of that
s@ 2. ch 93 hereunder shall be punishable by a fine not to exceed
dale.
$500 per violation.
History-s. 12. ch. 77-126.
258.29 Atlas of areas.-The Department Of Natural
Resources shall maintain an atlas of wilderness areas, 258.332 Construction of ch. 77-126, Laws of Flori-
on maps of suitable scale. da.-Nothing in this act shall be construed so as to pre-
Hislory-s. 13, ch. 70-355. s. 1. ch. 7D439; S. 9, ch, 77-126,
vent the lawful management of water resources by any
water management district created pursuant to chapter
258.30 Rules and regulations. -The Department of 373, or so as to divest any lawful rights acquired prior
Natural Resources shall adopt rules and regulations pre-
to the effective date of this act.
scribing a uniform set of general management criteria HistOry-s. 13, ch, 77-126
covering all wilderness areas.
(1) No alteration of physical conditions within a wil- PART III
derness area shall be permitted except to provide:
(a) Minimal use facilities, such as hiking trails, pit loi- AOUATIC PRESERVES
lets, manually operated water pumps, and primitive
258.35 Short title; ss. 256.35-258.394 and
camp sites; and
258.40-258.46.
(b) Minimum management facilities, which may in-
clude boundary fences and unimproved vehicle trails for 258.36 Legislative intent.
control purposes and emergency access. 258.37 Definitions.
@d activities 258.38 Types of aquatic preserves.
(2) The following are specifically prohibite 258-39 Boundaries of preserves.
or uses:
258.391 Cockroach Bay Aquatic Preserve,
(a) Dredging and dredge spoil dumping;
258-392 Gasparilla Sound-Charlotte Harbor Aquatic
(b) Artificial drainage or impoundments,
(c) Farming; Preserve.
258.393 Terra Ceia Aquatic Preserve wastewater or
(d) Clearing ofland;
(e) Dumping of wastes; effluent discharge activities.
258.394 Guana River Marsh Aquatic Preserve.
(f) Mining:
258.395 Big Bend Seagrasses Aquatic Preserve.
(g) Pesticide spraying, except emergency mea-
258.396 Boca Ciega Bay Aquatic Preserve.
sures required to protect public health and spraying for 258.397 Biscayne Bay Aquatic Preserve.
forestry disease control; 258.40 Scope Of preserves.
(h) The use of motorized vehicles on land or water
258.41 Establishment of aquatic preserves.
except for emergencies or valid management purposes
and 258.42 Maintenance of preserves.
258.43 Rules and regulations.
(i) Removal of timber, except to restore original
258-44 Effect of preserves.
plant communities.
258.45 Provisions not superseded.
(3) All human activity within each wilderness area 58-46 Enforcement; violations; penalty.
2
shall be subject to special rules and regulations for im-
plementing the intent and purpose of ss. 258.17-258.32 258.35 Short title; ss. 258.35-258.394 and 258.40-
for the particular area involved. 258.46.- Sections 258.35-258.394 and 258.40-258.46
(4) Other uses of a wilderness area, or human activi- shall be known and may be cited as the "Florida Aquatic
ty within the area, although not originally contemplated, Preserve Act of 1975."
may be permitted by the department, but only after a History-s. 1, ch. 75-172.
formal finding of compatibility made by the department,
and subject to regulation. 258.36 Legislative intent.-It is the intent of the
Hislary-s. 14, ch. 70-355: s@ 1. Ch. 70-439: s 10. ch. 77-126: s. 115, ch. 79-4W, Legislature that the state-owned submerged lands in ar-
eas which have exceptional biological, aesthetic, and
258.31 Signs and markers. -Wilderness areas shall scientific value, as hereinafter described, be set aside
be identified by appropriate signs and boundary mark- forever as aquatic preserves or sanctuaries for the bene-
ers. fit of future generations.
History-s. 15, ch. 7D-355. History-s. 1, ch. 75-172.

258.32 Withdrawal of lands from system.-Except 258.37 Definitions.-As used in ss. 256.35 through
pursuant to s. 256.23(2)(b), no part of any wilderness 258.46:
-may -be withdrawn from the state wilderness sys- (1) 'Aquatic preserve" means an exceptional area of
area
tem except by resolution of the Dep-rtment of Natural submerged lands and its associated waters set aside for
Resources and only after notice of such proposed with- being maintained essentially in its natural or existing
drawal is published in each county in which the area at- condition.
"Biological type" means an area set aside to pro-
fected is located, in the manner prescribed by law and (2)
after a public meeting is held, it requested. mote certain forms of animal or plant lite or their support-
History-s. 16, ch. 70-355; s. 2, Ch. 72-3D9: s. 11, ch. 77-126@ ing habitat.

1710

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

(3) "Aesthetic type" means an area set aside to line of said creek to its intersection with the southerly
maintain certain scenic qualities or amenities. right-of-way of Hall Road; thence proceed westerly
(4) 'Scientific type" means an area set aside to main- along said right-of-way to the westerly ordinary high wa-
tain certain qualities or features which have scientific ter line of Sykes Creek; thence southerly along said ordi-
value or significance. nary Ngh water line to its intersection with the ordinary
(5) "Board" means the Board of Trustees of the Inter- high water Iin-e of Newfound Harbor; thence proceed

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

an rights and is consistent with the preservation of the 337, pages 2159-2162, and in the Official Records of St.
ptional biological, aesthetic, or scientific values Lucie County in Book 201, pages 1676-1679.
exce
which the aquatic preserve was created to protect. (13) Yellow River Marsh Aquatic Preserve, as de-
(8) Indian River-Vero Beach to Fort Pierce Aquatic scribed in the Official Records of Santa Rosa County in
than Book 206, pages 568-571.
Preserve, as described in the Official Records of In
River County in Book 366, pages 9-12, and in the Official (14) Fort Pickens State Park Aquatic Preserve, as
Records of St. Lucie County in Book 187, pages 1083- described in the Official Records of Santa Rosa County
1086. in Book 220, paces 60-63, and in the Official Records of
Jensen Beach to Jupiter Inlet Aquatic Preserve, Escambia Cour@ty in Book 518, pages 659-662.
(9)
as described in the Official Records of St. Lucie County (15) Rocky Bayou State Park Aquatic Preserve, as
in Book 218, pages 2865-2869. described in the Official Records of Okaloosa County in
(10) Loxahatchee River-Lake Worth Creek Aquatic Book 593, pages 742-74S.
Preserve, as described in the Official Records of Martin (16) St. Andrews State Park Aquatic Preserve, as
County in Book 320, pages 193-196, and in the Official described in the Official Records of Bay County in Book
1'7 Records of Palm Beach County in Volume 1860, pages 379, pages 547-550.
A. 806-809, and the sovereignty submerged lands lying (17) St. Joseph. Bay Aquatic Preserve, as described
within the following described boundaries: Begin at the in the Official Records of Gulf County in Book 46, pages
intersection of the easterly mean high water line of the 73-76.
North Fork of the Loxahatchee River wit., the northerly (18) Apalachicola Bay Aquatic Preserve, as de-
mean high water line of the Loxahatchee River, being in scribed in the Official Records of Gulf County in Book 46,
Section 36, Township 40 South, Range 43 East, Palm pages 77-81, and in the Official Records of Franklin
Beach County: Thence proceed easterly along the County in Volume 98, pages 102-106.
northerly mean high water line of the Loxahatchee River (19) Alligator Harbor Aquatic Preserve, as described
to the westerly right-of-way of U.S. Highway 1; thence in the Official Records of Franklin County in Volume 98,
Ir proceed southerly along said right-of-way to the souther- pages 82-85.
P. .411 ly mean high water line of said river; thence proceed (20) St. Martins Marsh Aquatic Preserve, as de-
1,11 easterly along the southerly mean high water line of said scribed in the Official Records of Citrus County in Book
river to its intersection with the easterly mean high water 276, pages 2138-241.
line of the Lake Worth Creek; thence proceed n&thwest- (21) Matlacha Pass Aquatic Preserve, as described
erly crossing the Loxahatchee River to the point of be- in the Official Records of Lee County in Book 8DO, paces
ginning: And also: Commence at the southwest corner 725-728.
of Section 16, Township 40 South, Range 42 East Martin (22) Pine Island Sound Aquatic Preserve, as de-
County; thence proceed north along the west line of scribed in the Official Records of Lee County in Book
Section 16 to the mean high water line of the Loxahat- 648, pages 732-736.
chee River being the point of beginning: Thence pro- (23) Cape Romano-Ten Thousand Islands Aquatic
ceed southerly along the easterly mean high water line Preserve, as described in the Official Records of Colfier
of said river and its tributaries to a point of nonnavigabili- County in Book 381, pages 298-301.
ty; thence proceed westerly to the westerly mean high (24) Lignumvitae Key Aquatic Preserve, as de-
water line of said river; thence proceed northerly along scribed in the Official Records of Monroe County in Book
the westerly mean high water line of said river and its 502, pages 139-142.
1@Ia'l tributaries to its intersection with the westerly line of (25) Coupon Bight Aquatic Preserve, as described
Section 16, Township 40 South, Range 42 East; thence in the Official Records of Monroe County in Book 502,
proceed southerly along the said westerly section line pages 143-146.
to the point of beginning: And also begin where the (26) Lake Jackson Aquatic Preserve, as established
southerly mean high water line of the Southwest Fork of by chapter 73-534, Laws of Florida. and defined as au-
the Loxahatchee River intersects the westerly line of thorized by Is. 253.151 or as otherwise authorized by
T@ Section 35, Township 40 South, Range 42 East: Thence law.
proceed southwesterly along the southerly mean high (27) Pinellas County Aquatic Preserve, as estab-
water line of the Southwest Fork to the northeasterly lished by chapter 72-663, Laws of Florida; Boca Ciega
face of structure #46: thence proceed northwesterly Aquatic Preserve, as established by s. 258.16; and the
along the face of said structure to the northerly mean Biscayne Bay Aquatic Preserve, as established by S.
high water line of the Southwest Fork; thence proceed 258.165. it any provision of this act is in conflict with an
northeasterly along said mean high water line to its inter- aquatic preserve established by s. 258.396, chapter 72-
section with the westerly line of Section 35, Township 40 663, Laws of Florida, or s. 258.397, the stronger provi-
South, Range 42 East; thence proceed southerly along sion for the maintenance of the aquatic preserve shall
westerly line of said section to the point of beginning. przvail-
(11) Biscayne Bay-Cape Florida to Monroe County (28) Estero Bay Aquatic Preserve, the boundaries of
Line Aquatic Preserve, as described in the Official Rec- which are generally: All of those sovereignty submeroed
ords of Dade County in Book 7055, pages 852-856, less, lands located bayward of the mean high-water line being
however, those lands and waters as described in s. in Sections 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26,
258.165. 27. 35, and 36, Township 46 South, Range 24 East: and
(12) North Fork, St. Lucie Aquatic Preserve, as de- in Sections 19, 20, 28, 29, and 34, Township 46 South,
scribed in the Official Records of Martin County in Book Range 24 East, lying north and east of Matanzas Pass
2.
1712,

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

Channel@ and in Sections 19, 30, and 31, Township 46 dividing Charlotte and Lee Counties, thence southwest-
South, Range 25 East@ and in Sections 6, 7, 17, 18, 19, erly along a straight line to the most southerly point of
20, 29, 30. 31, and 32, Township 47 South, Range 25 Devil Fish Key, thence continue along said line to the
East@ and in Sections 1, 2, 3, 11, 12, 13. 14, 24@ and 25, easterly righ@-of-way of the Intracoastal Waterway and
Township 47 South, Range 24 East, in Lee County, Flori- the end of the southerly limits. Westerly limits: Begin at
da. Any and all submerged lands conveyed by the Trust- the point, of ending of the southerly limits as described
ees of the Internal Improvement Trust Fund prior to Oc- above, thence northerly along the easterly right-of-way
lober 12, 1966. and any and all uplands now in private line of the Intracoastal Waterway to its intersection with
ownership are specifically exempted from this preserve. a southerly extension of the west line of Section 16,
(29) Cape Haze Aquatic Preserve, the boundaries of Township 42 South, Range 21 East, thence north along
which are generally: That part of Gasparilla Sound, Cat- said line to point of beginning.
A
fish Creek, Whiddon Creek, 'The Cutoff," Turtle Bay, and (30) Wekiva River Aquatic Preserve, the boundaries
Charlotte Harbor lying within the following described lim- of which are generally: All the state-owned sovereignty
its: Northerly limits: Commence at the northwest corner lands lying waterward of the ordinary high-water mark
of Section 18, Township 42 South, Range 21 East, of the Wekiva River and the Little Wekiva Aiver and their
thence south along the west line of said Section 18 to tributaries lying and being in Lake, Seminole, and Or-
its intersection with the Government Meander Line of ange counties and more particularly described as iol-
1843-1844, and the point of beginning, thence south- lows:
easterly along said meander line to the northwesterly (a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
shoreline of Catfish Creek, thence northeasterly along 30, Township 20 South, Range 29 East. These sections
said shoreline to the north line of said Section 18, thence are also depicted on the Forest City Quadrangle
i east along said north line to the easterly shoreline of Cat- (U.S.G3. 7.5 minute series -topographic) 1959 (70PR);
fish Creek, thence southeasterly along said shoreline to and
the east line of said Section 18, thence south along said (b) In Sections 3, 4,8, 9, and 10, Township 20 South,
east line, crossing an arm of said Catfish Creek to the Range 29 East and in Sections 21, 28, and 33, Township
shoreline of said creek, thence westerly along 19 South, Range 29 East lying north of the right-of-way
southerly
said southerly shoreline and southerly along the easterly for the Atlantic Coast Line Railroad arid that part of Sec-
shoreline of Catfish Creek to said Government Meander tion 33, Township 19 South, Range 29 East lying be-
Line, thence easterly and southeasterly along said me- tween the Lake and Orange County lines and the right-
ander line to the northerly shoreline of Gasparilla. Sound of-way of the Atlantic Coast Line Railroad. These sec-
in Section 21, Township 42 South, Range 21 East, lions are also depicted on the Sanford SW Quadrangle
thence easterly along said northerly shoreline and north- (U.S.G.S. 7.5 minute series -topographic) 1965 (70-1);
easterly a!ong the westerly shoreline of Whiddon Creek and
to the east west quarter line in Section 16, Township 42 (c) All state-owned sovereignty lands, public lands,
South, Range 21 East, thence east along said quarter and lands whether public or private below the ordinary
line and the quarter Section line of Section 15, Township high-water mark of the Wekiva River and the Little
42 South, Range 21 East to the easterly shoreline of Wekiva and their tributaries within the Peter Miranda
Whiddon Creek, thence southerly along said shoreline Grant in Lake County lying below the 10 toot m.s.l. con-
to the northerly shoreline of 'The Cutoff," thence easterly tour line nearest the meander line of the Wekiva River
along said shoreline to the westerly shoreline of Turtle and all state-owned sovereignty lands, public lands, and
Bay, thence northeasterly along said shoreline to its in- lands whether public or private below the ordinary high-
tersection with said Government Meander Line in Sec- water mark of the Wekiva River and the Little Wekiva
tion 23, Township 42 South, Range 21 East, thence and their tributaries within the Moses E, Levy Grant in
northeasterly along said meander line to the east line of Lake County below the 10 foot m.s.l. contour line near-
Section 12, Township 42 South, Range 21 East, thence est the meander lines of the Wekiva River and Black Wa-
north along the east line of said Section 12, and the east ter Creek as depicted on the PINE LAKES 1962 (70-1)@
line of Section 1, Township 42 South, Range 21 East to ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
the northwest corner of Section 6, Township 42 South, SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S.
Range 22 East, thence east along the north line and ex- 7.5 minute topographic)@ and
tension thereof of said Section 6 to a point 2,640 feet (d) All state-owned sovereignty lands, public lands,
east of the westerly shoreline of Charlotte Harbor and and lands whether public or private below the ordinary
the end of the northerly limits. Easterly limits: Com- high-water mark of the Wekiva River and the Little
Wekiva River and their tributaries lying below the 10 toot
mence at the northwest corner of Section 6, Township
42 South, Range 22 East, thence east along the north m.s.l. contour line nearest the meander line of the
line of said Section 6 and extension thereof to a print Wekiva and St. John's Rivers as shown on the ORANGE
2,640 feet east of the westerly shoreline of Charlotte CITY 1964 (70PR), SANFORD 1965 (70-1), and.SAN-
;r. Harbor and the point of beginning, thence southerly FORD S.W. 1-965 (70-1) QUADRANGLES (U.S.G.S. 7.5
-along -a line 2;640 feet easterly of and parallel with the minute topographic) within the following described
westerly shoreline of Charlotte Harbor and along a property: Beginning at a point on the south boundary of
southerly extension of said line to the line dividing Char- the Moses E. Levy Grant, Township 19 South, Range 29
lotte and Lee Counties and the end of the easterly limits. East, at its intersection with the meander line of the
A, Southerly limits: Begin at the point of ending of the east- Wekiva River: thence south 601/2 degrees east along
erly limits, above described, said point being in the line said boundary line 4,915.68 feet; thence north 291/2 de-
1 1713

mi as &

STATE PARKS AND PRESERVES F.S. 1985

ander line of the St. 17 to the northwest corner of said Section 17- thence
the meander line of proceed westerly along the northerly line of Section 18
of the Wekiva River; to the southeast corner of Section 12, Township 52
r line of the Wekiva South, Range 26 East, thence proceed northerly along
the easterly lines of Sections 12, 1, 36 and 25 to the
lands, public'lands, northeast corner of said Section 25, Township 51 South,
below the ordinary Range 26 East: thence proceed westerly along the
iver and the Little northerly lines of Sections 25 and 26 to the northwest
ithin the Peter Miran- corner of said Section 26; thence proceed northerly to
iver, less the follow- northeast corner of said Section 22; thence proceed
westerly along the northerly lines of Sections 22 and 21
lying south of said to the northwest corner of said Section 21; thence pro-
ceed southerly to the southwest corner of said Section
Me a st of the Southeast 21; thence proceed westerly along the northerly line of
ection 21, Township Section 29 to the northwest corner thereof; thence pro-
00 feet; thence north ceed southerly along the westerly lines of Sections 29
the Wekiva River@ and 32 to the southwest corner of said Section 32;
ekiva River to point thence proceed westerly to the northwest corner of Sec-
tion 6, Township 52 South, Range 26 East; thence pro-
e SW 114 of Section ceed southerly along a projection of Range line 25 East
ast, lying within the to its intersection with a line which runs westerly from
kive River. the southwest corner of Cape Romano - Ten Thousand
d lands lying within Islands Aquatic Preserve; thence proceed easterly to
Begin at the inter- the southwest corner of Cape Romano - Teri Thousand
esteriy ordinary high islands Aquatic Preserve; thence proceed northerly to
ection 22, Township the point of beginning. Less and except: Begin at the
1: ME t :Thence proceed southeast corner of Section 21, Township 52 South,
04 e n y
ry high water line of Range 25 East; thence proceed northerly along the east-
Ills- IN 1 111111-14 intemection of the erly lines of Sections 21 and 16 to the northeast corner
-way of State fed 400; thence pro- of said Section 166. thence proceed northerly to the
northerly right-of
o),W-of-way to the easter-
ceed northeasterly along said 0- thread of John Stevens r-reek; thence proceed north-
ly ordinary high water line of the 4-9. Johns River; thence westerly along the thread of said creek to its intersecti
on
proceed northerly along said ejdotMiry high water line of with the thread of Marco River; thence proceed north-
the St. Johns River and its OMMes to its intersection westerly and westerly along the thread of said river to
with the easterly ordinary high line of Lake Beres- its intersection with the thread of Big Marco Pass-
ford: thence proceed northerly -irelng the ordinary high thence proceed southwesterly along the thread of Big
water line of said lake to its isiMW- ction with the wester- M Pass to its intersection with Range line 25 East;
arco
iy line of Section 24, Township 17 .1outh, Range 29 East; thence proceed southerly along Range line 25 East to
thence proceed northerly to the _wiiitherly right-of-way of
a point which is west from the point of beginning:
West New York Avenue; thence 2Wceed westerly along Thence proceed easterly to the point of beginnin
the southerly right-of-way of said -ivenue to its intersec- 9-
tion with the southerly righl-of-way ine of State Road 44; Any and all submerged lands theretofore conveyed by
thence proceed southwesterly ;i Moig said right-of-way to the Trustees of the Internal Improvement Trust Fund and
the point of beginning. any and all uplands now in private ownership are specifi-
(31) Rookery Bay Aquatic VMerve, the boundaries cally exempted from this dedication.
of which are generally@ All of the tPle-owned sovereign- hiatory-s. 1, ch. 75-17Z s. i, ch. 7&iOg@ s. 1, ch. 76-211@ s. 84, ch. 77-104@ s.
1. Ch. 63-62: s. 2, ch. 84-31Z s. 1, ch. 65-345.
ty lands lying waterward of the mz@an high-water line in 'Note.-See lormer s 253,151, F.S. '81.
Rookery Bay and in Henderson Gfflak and the tributaries
thereto in Collier County, Florida. Said lands are more 258.391 Cockroach Bay Aquatic Preserve.-The
particularly described as lying and being in Sections 27, designation by the Board of Trustees of the Internal Im-
34, 35, and 36, Township 50 Q Mah, Range 25 East@ in provement Trust Fund on May 16, 1976, of the following
Section 31, Township 50 South, -Rnge 26 East; in Sec- described area in Hillsborough County for inclusion in
JI tions 1, 2, 3, 10, 11, 12, 13, 14, 23, 24, and 25, Township the aquatic preserve system under the Florida Aquatic t
51 South, Range 25 East; and in 4ections 5, 6, 7, 8, 9, Preserve Act of 1975 is hereby confirmed. Such area, to
10, 15, 16, 17, 1.8, 19, 20, 30, and 11, Township 51 South, be known as the Cockroach Bay Aquatic Preserve, s
hall
7 Range 26 East, Collier County, JrMda, and all the sover- be included in the aquatic preserve system for the peri-
eignty submerged lands lying viiii-iin the following de- od of a 40-year lease of such,area-by the-board from the
scribed boundaries: Begin at the southwest corner of Tampa Port Authority and shall include the following de-
Section 30, Township 52 South, knge 27 East, Collier scribed real property: Begin at the northeast corner of
County: Thence proceed zr-mMIL] Plong the southerly Section 1, Township 33 South, Range 17 East, Manatee
line of said Section 30 to the *in MM (-st corner of Section County, thence west along the north line of said Section
29, Township 52 South, Range 27 @aSl; proceed thence I to its intersection wilt) the mean high-water line of
northerly along the westerly lines of Sections 29, 20 and Tampa Bay, said point being the point of beginning:

1714

F 4

STATE PARKS AND PRESERVES Ch. 258

from said point of beginning continue west 500 feet into shoreline of Charlotte Harbor and along a southerly ex-
the waters of Tampa Bay, thence northeasterly along a tension of said line to the line dividing Chariotte and Lee
line 500 feet westerly of the mean high-water line of Tam- Counties, thence southwesterly along a straight line to
pa Bay, said line also being 500 feet westerly of the the most southerly point of Devil Fish Key: thence along
mean high-water line on Beacon Key, Snake Key, Camp said line to the easterly right-of-way of the Intracoastal
Key, Big Pass Key, Little Cockroach island, and Sand Waterway-, thence northerly along the easterly righl-of-
Key, to a point due west from Bird Key, thence east to way of the Intracoastal Waterway to its intersection with
the most southwesterly point of Bird Key, thence easter. a southerly extension of the west line of Section 18,
ly along a channel along the northerly side of Tropical is. Township 42 South, Range 21 East; thence north along
land and of Goal Island to the most easterly point of said said line to the point of beginning. Said boundary ex-
Goat Island, thence south to the intersection of the tends across the mouths of all artificial waterways, but
mean high-water line of the southerly shore of the Little includes all tidally connected natural waterways.
Manatee River, thence in a northwesterly, westerly, and History-s, 1, Ch@ 79-115,
southwesterly direction along the mean high-water line 258.393 Terra Ceis Aquatic Preserve wastewater
of Tampa Bay and Cockroach Bay to the point of begin- or effluent discharge activities.-
ning. Less any islands, submerged lands, or uplands not (1) The following described area in Manatee County
owned by the Tampa Port Authority.
is hereby designated by the Legislature for inclusion in
the aquatic preserve system under the Florida Aquatic
258.392 Gasparilia Sound-Charlotte Harbor Aquat- Preserve Act of 1975. Such area, to be known as the Ter-
ic Preserve.-The following described area in Lee and ra Ceia Aquatic Preserve, shall be included in the aquat-
Charlotte Counties is designated by the Legislature for ic preserve system and shall include the following de-
inclusion in the aquatic preserve system under the Flori. scribed real property: Begin at a point 165 feet north of
da Aquatic Preserve Act of 1975. Such area, to be the southwest corner of the northwest quarter of Section
known as the Gasparilla Sound-Charlotte Harbor Aquat- 12, Township 33 South, Range 17 East, Manatee Coun-
Preserve, shall be included in the aquatic preserve ty, thence run west to the mean high-water line of Tam-
SIC, pa Bay, said point being the point of beginning. From
ystem and shall include the following described real
property: Commence at the northwest corner of Section said point of beginning, run northwesterly into the we-
16 , Township 42 South, Range 21 East; thence northerly ters of Tampa Bay and parallel to the Port Manatee ship
alo ng the line of mean high water to the intersection of channel to the Manatee-Hillsborough county line; thence
.5tate Road 776 with said mean high-water line; thence run southwest along the Manatee-Hillsborough county
brsection line to its intersection with the Intracoastal Waterway;
south-southwesterly along said road to the inte
of said road with the mean high-water line of Gasparilla thence run south-sout h west erl y along the Intracoastal
Island; thence southerly along said mean high-water line Waterway to a point on a line connecting the western-
to the most southerly point of Gasparilla Island; thence most tip of Snead Island (Manatee County) to the south-
southeasterly to the northernmost point at the mean ernmost tip of Mullet Key (Pinellas County); thence run
high-water line on Lacoste Island; thence southeasterly southeasterly along said Aine to the westernmost tip of
,along said mean high-water line to the northwest corner S.nead Island (also known as Emerson Point): thence run
of Section 6, Township 44 South, Range 21 East-, thence in a northeasterly direction along the mean high-water
east to a northerly extension of the east line of Section line of Tampa Bay, Terra Ceia Bay, where the mean hich
ter line intersects the north_iin-nf-LLQ_f-1@
25, Township 44 South, Range 21 East: thence- sotith,- we

0o '0-0 i Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

serve Act of 1975. Such area, to be known as the Guana those local access channels adjacent to Keaton Beach
River Marsh Aquatic Preserve, shall be included in the and a proposed navigational channel more particularly
aquatic preserve system and shall include a[( the sover- described as follows@ Begin at State Plane Coordinate
eignty submerged lands and other state-owned lands ly- X=2,288,032-1 Y=298,365: Thence proceed West 11,608
ing within the following described boundaries: Begin at feet; thence proceed south 1,440 feet; thence proceed
the intersection of the westerly projection of the south east 11,608 feet; thence proceed north 1,440 feet to the
AL line of Section 18, Township 6 South, Range 36 East, point of beginning@ less and except all those sovereign
with the westerly mean high water line of Tolomato Riv- submerged lands lying northerly and easterly of U.S.
er: Thence proceed easterly along the south line of Sec- Highway 19.
tion 18 to the mean high water line of the Atlantic Ocean; History-s. 3, ch. 85-345.
thence proceed east three geographic miles into said
258.396 Boca Ciega Bay Aquatic Preserve.-
ocean; thence proceed northerly running parallel with
said mean high water line to a point east of the intersec- (1) Boca Ciega Bay, in Pinellas County, as hereinaf-
tion of the southerly right-of-way of Micklers Road and ter described, is designated and established as an
-of-way of U.S. AIA; thence proceed aquatic preserve under the provisions of this section. It
the westerly right
west to said intersection; thence proceed southwesterly is the intent of the Legislature that Boca Ciega Bay be
along the southerly right-of-way of Micklers Road to its preserved, insofar as possible, in an essentially natural
condition
irsection with th so that its biological and aesthetic values may
inte e westerly mean high water line of
the Toiomalo River@ thence proceed southerly along the endure for the enjoyment of future generations.
westerly mean high water line of said river and its tribu- (2)(a) For the purposes of this section, Boca Ciega
Bay, sometimes referred to in this section as "the pre-
taries to the point of beginning.
History-s. 2. ch. 85-345. serve," shall be comprised of that body of water in Pinel-
las County which lies south of the State Road 688 bridge
258.395 Big Bend Seagiisses Aquatic Preserve.- at, or near, Indian Rocks,Beach and within the area . en-
The following described area in Wakulla, Jefferson, Tay-
closed by a line as follows: Beginning at a point where
lor, Dixie, and Levy Counties is hereby designated by the east end of said bridge crosses the western shore-
the Legislature for inclusion in the aquatic preserve sys-
line.of mainland Pinellas County and extending in a gen-
tem under the Florida Aquatic Preserve Act of 1975.
erally southerly direction along the western shoreline of
Such area, to be known as the Big Send Seagrasses mainland Pinellas County to the west end of the Semi-
Aquatic Preserve, shall be included in the aquatic pre-
serve system and shall include all the sovereignty sub- nole Bridge following the bridge easterly to exclude
Long Bayou and Cross Bayou, thence in a southerly di-
merged lands lying within the following described
rection including the western shoreline of the Sunshine
boundaries: Begin where the northerly mean high water Skyway Causeway and extending to the southern
@!ne of Withlacoochee River meets the mean high water boundary of Pinellas County, thence westerly along the
ine of the Gulf of Mexico, Township 17 South, Range 15 Pinellas County line and around Mullet Key along a line
East, Levy County: Thence from the said point of begin-
100, yards seaward of the shoreline of Mullet Key and.
ning proceed northwesterly along the mean high.water northerly along a line passing 100 yards to the west of
line of the coast and its navigable tributaries to the inter-
section of the westerly mean high water line of St. Marks the shorelines of Summer Resort Key, Cabbage Key and
River with the mean hiah water line of the Gulf of Mexico, Shell Key to the southernmost point of Long Key, thence
in a generally northerly direction along the inner shore-
in Township 4 South, Range 1 East, Wakulla County:
line of -Long Key, Treasure Island and Sand Key to a
thence proceed south three marine leagues into the Gulf
of Mexico; thence proceed southeasterly along a line point where the west end of the State Road 688 bridge
three marine leagues from and parallel to the line of crosses the inner shoreline of Sand Key, thence easterly
along the south side of said bridge to the point of begin-
mean high water previously described to an intersection
with a line projected west from the point of beginning; ning. The boundary of the preserve designated as the
shoreline shall mean the line of mean high water along
thence proceed east to the point of beginning. Less and
except all those sovbreignAy submerged lands within such shoreline.
500 feet of any incorporated or unincorporated munici- (b) The preserve established by this section shall in-
pality within the above described lands. Less and ex- clude the submerged bottom lands, the water column
upon such lands, and the islands owned by the state
cept: Begin at the intersection of the southerly pro)ec
tion of the east line of Range line 4 East with the mean within the boundaries of the preserve. Any privately held
high water line of the Gulf of Mexico; thence proceed land or submerged land within the established bulkhead
southwest to a point on the t';ree marine league line; lines or privately held islands within the preserve shall
thence proceed southeasterly three marine leagues be deemed to be excluded therefrom. The Board of
from and parallel to tne mean high water line to a point Trustees of the Internal Improvement Trust Fund may
which is southwest of the intersection of the southerly negotiate an arrangement with any such.private owner
-line of -Section 22, Township 6 South, Range 6 East, Tay: whereby such lands or water bottoms may be included
lor County, with the mean high water line of the Gulf of within the preserve.
Mexico; thence proceed Northeast to the foresaid point (3) The Board of Trustees of the Internal Improve-
of inliersecfion@ thence proceed northwesterly along the ment Trust Fund are hereby directed to maintain Boca
..is mean high water line of the Gulf of Mexico and its tribu- Ciega Bay as an aquatic preserve subject to the follow-
taries to the point of beginning. Less and except all ing provisions:

1716

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iiiiWWIO@. @..-.77"--

F.& 1985 STATE PARKS AND PRESERVES Ch. 258

(a) No further sale, transfer, or lease of sovereignty of its jurisdiction, powers, and duties,
History-ss 1 2. 3. 4. 5. 6. ch@ 69 342: ss 27, 35, or, 69-im
submerged lands within the preserve shall be approved 'Note.-See s 26, Ch 75 22, which fe0ealed s, 253 122. feiatfirig to the power to
or consummated by the board of trustees except upon fix DUlkhead lines, and s. 7(3). Ch 75-22 is 253 1221). which reesiamsheo aij P,evi-
a showing of extreme hardship on the part of the appli- ousiy established dulkheacl lines at the line of mean high water or ordinary high wa-
,e,
cant or when the overwhelming public interest so de- Note.-Former s. 258,16.
mands.
(b) No further dredging or filling of submerged lands 258.397 Biscayne Bay Aquatic Preserve.-
within the preserve shall be approved or tolerated by the (1) DES IG NATION. -Biscayne Bay in Dade and
board of trustees except: Monroe Counties, as hereinafter described to include
1. Such minimum dredging and spoiling as may be Card Sound, is designated and established as an aquat-
authorized for public navigation projects; ic preserve under the provisions of this section. It is the
2. Such other alteration of physical conditions as intent of the Legislature that Biscayne Bay be preserved
may be necessary to enhance the quality or utility of the in an essentially natural condition so that its biological
preserve as determined by the Pinellas County Water and aesthetic values may endure for the enjoyment of
and Navigation Control Authority in a public hearing; and future generations.
3. Such dredging as is necessary for the purpose of (2) BOUNDARIES.-
eliminating conditions hazardous to the public health or (a) For the purposes of this section, Biscayne Bay,
for the purpose of eliminating stagnant waters, unsightly sometimes referred to in this section as "the preserve,"
mud flats, islands, and spoil banks the dredging of shall be comprised of the body of water in Dade and
which would enhance the aesthetic quality and utility of Monroe Counties known as Biscayne Bay whose bound-
the preserve and is clearly in the public interest as deter- aries are generally defined as follows:
mined by the Pinellas County Water and Navigation Begin at the southwest intersection of the right-of -way
Control Authority in a public hearing. of State Road 826 and the mean high-water line of Bis-
cayne Bay (Township 52 South, Range 42 East, Dade
There shall be no dredging beyond the bulkhead line for County); thence southerly along the westerly mean high-
the sole purpose of providing fill for upland or sub- water line of Biscayne Bay to its intersection with the
merged land within the bulkhead line. In addition there right-of-way of State Road 905A (Township 59 South,
shall be no drilling of wells, excavation for shell or miner- Range 40 East, Monroe County); thence easterly along
als, and no erection of structures (other than docks) such right-of-way to the easterly mean high-water line of
within the preserve, unless such activity is associated Biscayne Bay; thence northerly along the easterly mean
with activity authorized by this section. high-water line of Biscayne Bay following th _@ westerly
1(c) The board of trustees shall not approve any sea- shores of the most easterly islands and Keys with con-
ward relocation of bulkhead lines or further establish- necting lines drawn between the closest points of adja-
ment of bulkhead lines except when a proposed bulk- cent islands to the southeasterly intersection of the
head line is located at the line of mean high water along right-of-way of State Road 826 and the mean hiah-water
the shoreline. line of Biscayne Bay; thence westerly to the point of be-
(4)(a) The board of trustees shall adopt and enforce ginning, Said boundary extends'across the mouths of all
reasonable rules and regulations to carry out the provi- artificial waterways, but includes all natural waterways
sions of this section and specifically to provide: tidally connected to Biscayne Bay. Excluded from the
1. Additional preserve management criteria as may preserve are those submerged lands conveyed to the
be necessary to accommodate special -ircumstances; United States for the establishment of the Biscayne Na-
and tional Monument as defined by Pub. L. No. 907606 of the
2. Regulation of human activity within the preserve United States.
in such a manner as not to inlerfere unreasonably with (b) The preserve established by this section shall in-
such lawful and traditional public uses of the preserve clude the submerged bottom lands and the water col-
as fishing (both sport and commercial), boating, and umn upon such lands, as well as all publicly owned is-
swimming. lands, within the boundaries of the preserve. Any pri-
(b) Other uses of the preserve, or human activity vately held upland within the boundaries of the preserve
within the preserve, although not originally conlemplal, shall be deemed to be excluded 1heirelrom, However
ed, may be permitted by the board of trustees, but only the Board of Trustees of the Internal Improvement Trust
subsequent to a formal finding of compatibility with the Fund may negotiate an arrangement with any such pri-
purposes of this section. vate upland owner by which such land may be included
(5) Neither the establishment nor the management in the preserve.
of the Boca Ciega Bay Aquatic Preserve shall operate (c) The board of trustees may transfer to the United
to infringe upon the riparian rights of upland property States any interest in lands, title to which is vested in the
owners adjacent to or Within the preserve. Reasonable board of trustees, which are presently within the bound-
improvement for ingress and egress, mosquito control, aries of the preserve-lor inclusion in the Biscayne Nation-
shore protection, bridges, causeways, and similar pur- al Monument or its successor should the area be desig-
poses may be permitted by the board of trustees, sub- nated a national park. Transfers of interest under this
ject to the provisions of any other applicable laws under paragraph shall be subject to the following conditions:
the jurisdiction of other agencies. 1., All interests in oil, gas, or other mineral rights held
(6) Nothing herein shall be construed to deprive the by the board of trustees shall bre retained and not trans-
Pinellas County Water and Navigation Control Authority ferred to the United States.

1717

'Mom
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Ch, STATE PARKS AND PRESERVES F.S. 1985
X
2. All rights to fish on the waters shall be retained the board of trustees, which approval may be granted
and not transferred to the United States, only if riprap construction is used in the seawall.
3. All rights to impose and collect state excise taxes (e) Notwithstanding other provisions of this section,
on the sales of alcohol or tobacco shall be retained and the board of trustees may, respecting lands lying within
not transferred to the United States. Biscayne Bay:
4. Transfers of interest shall be subject to'outstand- 1. Enter into agreements for and establish lines de-
in, easements, reservations, or other interests appear- linealing sovereignty and privately owned lands
A ing of record, 2. Enter into agreements for the exchange of, and
(3) AUTHORITY OF TRUSTEES.-The Board of exchange, sovereignty lands for privately owned lands.
Trustees of the Internal Improvement Trust Fund is au- 3. Accept gifts of land within or contiguous to the
thorized and directed to maintain the aquatic preserve preserve.
hereby created pursuant and subject to the following 4. Negotiate for, and enter into agreements with
owners of lands contiguous to sovereignty lands for, any
provtsions@
vereignty public and private use of any of such lands.
(a) No further sale, transfer, or lease of so)
submerged lands in the preserve shall be approved or 5. Take any and all actions convenient for, or neces-
consummated by the board of trustees, except upon a sary to, the accomplishment of any and all of the acts
and matters authorized by this paragraph.
showing of extreme hardship on the part of the applicant
(4) RULES.-
and a determination by the board of trustees that such
sale, transfer, or lease is in the public interest. (a) The board of trustees shall adopt and enforce
reas
onable rules and regulations to carry out the provi-
(b) No further dredging or filling of submerged lands
sions of this section and specifically to provide:
of the preserve shall be approved or tolerated by the
1. Additional preserve management criteria as may
board of trustees except:
be necessary to accommodate special circumstances.-
1. Such minimum dredging and spoiling as may be
2, Regulation of human activity within the preserve
authorized for public navigation projects or for such
imum dredging and spoiling as may be constituted in such a manner as not to interfere unreasonably with
min
lawful and traditional public uses of the preserve, suph
as a public necessity or for preservation of the bay ac-
cording to the expressed intent of this section. as.fishi.ng (both sport and commercial), boating, and
swimming,
2. Such other alteration of physical conditions as
(b) Other uses of the preserve, or human activity
-A lity of the
may be necessary to enhance the quality or uti
within the preserve, although not originally contemplat-
preserve.
3. Such minimum dredging and filling as may be au- ed, may be permitted by the board of trustees, but only
subsequent to a formal finding of compatibility with the
thorized for the creation and maintenance of marinas,
purposes of this section.
piers, and docks and their attendant navigation chan- (c) Fishing, Iinvolving the use of seines or nets is pro-
nets and access roads. Such projects may only be au-
thorized upon a specific finding by the board of trustees hibiled in the preserve, except when the fishing is for
shrimp oi@ mullet and such fishing is otherwise permitted
that there is assurance that the project will be construct-
by state law or rules promulgated by the Department of
ed and operated in a manner that will not adversely af-
Natural Resources,
tect the water quality of the preserve. This subpara- (5) RIPARIAN RIGHTS.-Neither the establishment
graph shall not approve the connection of upland canals nor the manaaement of the Biscayne Bay Aquatic Pre-
to the waters of the preserve. serve shall operate to-inf ringe upon -the riparian rights of
4. Such dredging as is necessary for the -purpose of upland property owners adjacent to or within the pre-
eliminating conditions hazardous to the public health or serve. Reasonable improvement for ingress and egress,
for the purpose of eliminating stagnant waters, unsightly mosquito control, shore protection, publicutility expan-
mud fiats, islands, and spoil banks, the dredging Of sion, and similar purposes may be permitted by the
which would enhance the aesthetic quality and utility of board of trustees or Department of Environmental Regu-
r" the preserve and be clearly in the public interest as de- lation, subject to the provisions of any other applicable
termined by the board of trustees. laws under the jurisdiction of other agencies.
(6) DISCHARGE OF WASTES PROHIBITED.-No
Any dredging or filling under this subsection or improve-
ments under subsection (5) shall be approved only after wastes or effluents which substantially inhibit the ac-
complishment of the purposes of this section shall be
public notice and hearings in the area affected, pursuant
to chapter 120. discharged into the preserve.
(7) ENFORCEMENT.-The provisions of this section
(c) There shall be no drilling of wells, excavation for
may be enforced in accordance with the provisions of s.
shell or minerals, or erection of structures other than
docks within the preserve unless such activity is associ- 403.412. In addition, the Department of Legal Affairs is
authorized to bring an action for civil penalties of $5,000
ated with activity authorized by this section. per day agarnst any person, natural or corporate, who
'(d) The board of trustees shall not approve any sea- violates the provisions of this section or any rule or regu-
ward relocation of bulkhead lines or further establish- lation issued hereunder.
ment of bulkhead lines except when a proposed bulk- (8) SECTIONS 403.501-403.515 APPLICABLE.-The
head line is located at the line of mean high water along provisions of this section shall be subject to the provi-
the shoreline. Construction, replacement, or relocation sions of ss. 403.501-403.515,
of seawalls shall be prohibited without the approval of History-ss. 1, 2, 3. 4. 5. 6. 7. 8. ch. 74-171: s. 2, ch. 76-1D9: s. 1, ch. 77-174: s.

1718

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258
I,'ch. 76-628; s. 12 ch. 79-65 s, 1 Ch. 80-W4. (c) The board shall pay no more than $1 per year for
'Note.-Seclion 26, ch. 75-22, repeated s. 253 122, relating to the power 10 fix bulk. any such lease.
head lines.
Pdow-lorme, s, 258 1155, (6) Except as provided in subsection (5) no aquatic
preserve or any part thereof shall be withdrawn from the
258.40 Scope of preserves.- state aquatic preserve system except by an act of the
(1) The aquatic preserves established under this act Legislarture. Notice of such proposed legislation shall be
shall include only lands or water bottoms owned by the published in each county in which the affected area is
state as set forth in s. 253.03 and such lands or water located, in the manner prescribed by law relating to local
bottoms owned by other governmental agencies as may legislation.
be specifically authorized for inclusion by appropriate in- (7) Within 30 days of the designation and establish-
strument in writing from such agency. Any privately ment of an aquatic preserve, the Board of Trustees of
owned lands or water bottoms shall be deemed to be the Internal Improvement Trust Fund shall record in the
excluded therefrom; however, the board may negotiate public records of the county or counties in which the
an arrangement with any such private owner by which aquatic preserve is located a legal description of the
such land may be included in the preserves. aquatic preserve.
(2) Any publicly owned and maintained navigation Higitory-s. 1. Ch. 75-172.
channel or other public works project authorized by the
258.42 Maintenance of preserves.-The Board of
United States Congress designed to improve or main-
Trustees of the Internal Improvement Trust Fund shall
tain, commerce and navigation shall be deemed exclud-
ed from the aquatic preserves established under this maintain such aquatic preserves subject to the following
act. provisions:
(3) All lands lost by avulsion or by artificially induced (1) No further sale, lease, or transfer of sovereignty
erosion shall be deemed excluded from the provisio: s submerged lands shall be approved or consummated
of this act. by the trustees except when such sale, lease, or transfer
History-s. 1. ch. 75-172. is in the public interest.
1(2) The trustees shall not approve the waterward re-
258.41 Establishment of aquatic preserves.- location or setting of bulkhead lines waterward of the
(1) The board may establish additional areas to be line of mean high Water within.the preserve except when
included in the aquatic preserve system, subject to con- public road and bridge construction projects have no
firmation by the Legislature. reasonable alternative and it is shown to be not contrary
(2) The board may, after public notice and public to the public interest.
hearing in the county or counties in which the proposed (3)(a) No further dredging or filling of submerged
preserve is to be located, adopt a resolution formally set- lands shall be approved by the trustees except the fol-
ting aside such areas to be included in the aquatic pre- lowing activities may be authorized pursuant to a permit:
serve system. 1. Such minimum dredging and spoiling as may be
(3) The resolution setting aside an aquatic preserve authorized for public navigation projects.
area shall include: 2, Such minimum dredging and spoiling as may be
(a) A legal description of the area to be included. authorized for the creation and maintenance of marinas,
(b) The designation of the type of aquatic preserve piers, and clocks and their attendant navigation chan-
being set aside. nels.
(c) A gener3l statement of what is sought to be pre- 3.. Such other alteration of physical conditions as
served. may, in the opinion of the trustees, be necessary to en-
(d) A clear statement of the management responsi- hance the quality or utility of the preserve or the public
bililies for the area. health generally.
(4) Lands and water bottoms owned by other gov- 4. Such other maintenance dredging as may be re-
ernmental agencies may be included in an aquatic pre- quired for existing navigation channels.
serve upon specific authorization for inclusion by an ap- 5. Such restoration of land as authorized by s.
propriale instrument in writing from the governmental 253.124(8).
agency. 6. Such reasonable improvements as may be neces-
(5) Lands and water bottoms in private ownership sary for public utility installation or expansion.
may be included in an aquatic preserve upon specific 7. Installation and maintenance of oil and gas trans-
authorization for inclusion by an appropriate instrument portation facilities, provided such facilities are properly
in writing from the owner. The appropriate instrument marked with marine aids to navigation as prescribed by
shall be either a dedication in perpetuity or a lease. Such federal law.
lease shall contain the following conditions: (b) There shall, in no case, be any dreclainto seaward

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

(d) There shall be no excavation of minerals, except hereunder shall be further punishable by a civil penalty
the dredging of dead oyster shells as approved by the of not less than $500 per day or more than $5,000 per
Department of Natural Resources. day of such violation.
(e) There shall be no erection of structures within History-s. 5, ch 75 172,
the preserve, except: PART IV
1. Private docks for reasonable ingress or egress of
riparian owners;
WILD AND SCENIC RIVERS
2. Commercial docking facilities shown to be consis-
tent with the use or management criteria of the pre- 258.501 Myakka River; wild and scenic segment.
serve; and
1, Structures for shore protection, approved naviga, 11,11.101 M,alka River; wild and scenic se,menl,-
tional aids, or public utility crossings authorized under (1) SHORT TITLE.-This act may be cited as the
subsection (3)(a). "Myakka River Wild and Scenic Designation and Preser-
(f) No wastes or effluents shall be discharged into vation Act."
the preserve which substantially inhibit the accomplish- (2) LEGISLATIVE DECLARATION.-The Legislature
ment of the purposes of this act. finds and declares that a certain segment of the Myakka
(g) No nonpermitted wastes or effluents shall be di- River in Manatee, Sarasota, and Charlotte Counties pos-
racily discharged into the preserve which substantially sesses outstandingly remarkable ecological, fish and
inhibit the accomplishment of the purposes of this act. wildlife, and recreational values which are unique in the
History-ss. 1, 2, 4. ch. 75-172: s. 1, ch. 77-174. State of Florida. These values give significance to the
'Note.-See s. 26. ch. 75-22, which repealed s. 253 122. retailing to the power to
f. ouikheacl lines. and s. 7(3), ch. 75-22 (s. 253,1221), which reestablished all Dfevi- river as one which should be permanently preserved
owsly established bulkhead lines at the line of rnean high water or ordinary high we- and enhanced for the citizens of the State of Florida;
let.
both present and future. The permanent management
258.43 Rules and regulations.- and administration of the river involves a complex inter-
J
(1) The Board of Trustees of the Internal Improve. action of state, regional, and local interests which re-
ment Trust Fund shall adopt and enforce reasonable quire balancing and coordination of purpose. It is the in-
rules and regulations to carry out the provisions of this tention of the Legislature to provide for the permanent
act and specifically to provide regulation of human activ- preservation of the designated segment of the Myakka
ity within the preserve in such a manner as not to unrea- River by way of development of a plan for permanent ad-
uses ministration by agencies of state and local government
sonably interfere with lawful and traditional public
of the preserve, such as sport and commercial fish,ing, which will ensure the prc lection necessary but retain
boating, and swimming. that degree of flexibility, responsiveness, and expertise
which will accommodate all of the diverse interests in-
(2) Other uses of the preserve, or human activity
A within the preserve, although not originally contemplat. vo ved in a manner best calculated to be in the public
ed, may be permitted by the trustees, but only subse- interest.
quent to a formal finding of compatibility with the pur- (3) DEFINITIONS.-As used in this act:
poses of this act. (a) "Activity" means the doing of any act or the tailing
History-s. 1, ch. 75-172- to do any act, whether by a natural person or a corpora-
tion.
258.44 Effect of preserves. -Neit her the establish- (b) "Coordinating council" means the council creat-
ment nor the management of the aquatic preserves un- ed by subsection (6).
der the provisions of this act shall operate to infringe (c) "Department" means the Department of Natural
upon the traditional riparian rights of upland property Resources.
owners adjacent to or within the preserves. Reasonable (d) "Division" means the Division of Recreation and
improvement for ingress and egress, mosquito control, Parks of the Department of Natural Resources.
shore protection, public utility expansion, surface water (e) "Executive board" means the Governor and Cabi-
drainage, 'installation and maintenance of oil and gas net sitting as the head of the Department of Natural Re-
transportation facilities, and similar purposes@be sources.
permitted by the trustees subject to the provisions of (f) "Resource value" means any one or more of the
any other applicable laws under the jurisdiction of other specific economic, scenic, recreational, geologic, fish
agencies. and wildlife, historic, cultural, or ecological features as-
History-s.11. ch, 75-172. sociated with the river area as determined by the coordi-
258.45 Provisions not superseded.-The provi- nating council.
'River area" means that corridor of land beneath
sions of this act shall not supersede, but shall be subject (g)
to, the provisions of ss. 403.501 through 403.515. and surrounding the Myakka River from river mile-7 15 to
History-ss. 3, 6. ch. 75-172. river mile 41.5, together with a corridor extending from
the center of the river to the ma@:imum upland extent of
-258.46 -Enforcement; violations; penalty.-7he pro- wetlands vegetation.
visions of this act may be enforced by the Board of (4) DESIGNATION OF WILD AND SCENIC RIVER.-
Trustees of the Internal Improvemert Trust Fund or in The corridor of land surrounding and beneath the Myak-
accordance with the provisions of s. 403.412. However, ka River between river mile 7.5 and river mile 41.5 is
any violation by any person, natural or corporate, of the hereby designated as a Florida wild and scenic river for
provisions of this act or any rule or regulation issued the purposes of this act and is subject to all of the provi-

1720

:7.7

.4
4
z

Appendix B. FLORIDA AQUATIC PRESERVES CH:18-20

RULES
OF THE
DEPARTMENT OF NATURAL RESOUCES CH 18-20

DIVISON OF STATE LANDS
CHAPTER 18-20

FLORIDA AQUATIC PRESERVES
18-.20.001 NIENI 18-20.002 Boundaries and Scope of the
prevserves (
18-20.003 definitions
18.20-20.004 Emanagement policies standards
18-20.006 cumulative impacts

18-20.008 Inciusion of Lands, Tisit to Which Is Not Visited in the Board in a Preserve.
18-20.009 Establishment or Expansion of Aquatic.
. ...... . Comprehensive management program
18-20.010 Exchange of Lands (b) To protect and enhance the waters of
18-20.011 Gifts of Lands
18-20.012 Protection of Indigenous Life Forms
18-20.013 Development of Resource Inventories and Management Plans for the Preserves the preserves so that the public may continue to
18-20.014 Enforcement
18-20.016 Coordination with Other Governmental Agencies
18-20.017 Lake Jackson Aquatic Preserve
18-20.001 Intent: (1) All sovereignty lands within a preserve shall be managed of essentially natural conditions
the propagation of fish and wildlife, and public recreation, including hunting and fishing where deemed
appropriate by the board, and the managing agency. (2) The aquatic preserves which are described in 73.534 Laws
of Florida. Sections 258.39.258.391,258.392 and 258.393. Florida Statutes future aquatic preserves established
pursuant to general or special acts of the legislature, and in Rule 18-20.002 Florida Administrative Code were
established for the purpose of being preserved so that their aesthetic, biological and scientific values may
endure for the enjoyment of future generations. (3) The preserves shall be administered and managed in
accordance with the following goals: (a) To preserve, protect, and enhance these exceptional areas of sovereignty
submerged lands by reasonble regulation of human activity within the preserves through the development and
implementation of a comprehensive management program; (b) To protect and enhance the waters of the preserves so
that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating,
and fishing; (c) To coordinate with federal, state, and local agencies to aid in carrying out the intent of the
Legislature in creating the preserves; (d) To usse applicable federal, state, and local management programs,
which are compatible with the intent and provisions of the act and these rules, and to assist in managing the
preserves; (e) To encourage the protection, enhancement or restoration of the biological, aesthetic, or
scientific values of the preserves, including but not limited to the modification of existing manmade conditions
toward their natural condition, and discourage activities which would degrade the aesthetic, biological, or
scientific values, or the quality, or utility of a preserve, when reviewing applications, or management plans
for the preserves; (f) To preserve, promote, and utilize indigenous life forms and habitats, including but not
limited to: sponges, soft coral, hard corals, submerged grasses, mangroves, salt water marshes, fresh water
marshes, mud flats, estuarine, aquatic, and marine reptiles, game and non-game fish species, estuarine, aquatic
and marine invertebrates, estuarine, aquatic and marine mammals, birds, shellfish and mollusks; (g) To aquire
additional title interests in lands wherever such acquisitions would serve to protect or enhance the biological,
aesthetic, or scienfific values of the preserves; (h) To maintain those beneficial hydrologic and biologic
junctions, the benefits of which accrue to the public at large.

(4) Nothing in these rules shall serve to (6) For the purpose of clarification and
eiminate or alter the requirements or interpretation the legal description set forth as
authority of other governmental agencies, follows do not include any land which is
including counties and municipalities, to expressly recognized as privately owned
protect or enhance the preserves provided that upland in a pre-existing recorded mean high
such requirements or authority are not water line settlement agreement between the
inconsistent with the act and this chapter. board and a private owner or owners.
Specific Authority 120.53, 258.43(1) Law Provided, however, in those instances wherein
impiemenied 258.35, 258.36, 258.37, 258.38. Ch. a settlement agreement was executed
80-280, Laws of Florida Historty-New 2-23-81. subsequent to the passage of the Florida
20.0 boundaries and Scope of the Coastal Mapping Act the determination of the
Preserves. mean high water line shall be in accordance
(1) These rules shall only apply in those with the provisions of such act.
sovereignty lands within a preserve title in which is
vested in the board and those other lands for which (7) Persons interested in obtaining details of
the board has an appropriate instrument in writing, particular preserves should contact the bureau of
executed by the owner authorizing the inciusion of State Lanos Management Department of Natural
specific lands in an aquatic preserve pursuant to Resources. 3900 Commonwealth Blvd.,
Section 2(2) of Chapter 73-534, Laws of Florida, Tallahassee, FL 32303 (telephone 904-488-2297).
Sections 258.40(1) and 258.40(5). Florida Statues, (a) The preserves are described as follows:
future aquatic preserves established through 1. Fort Clinch State Park Aquatic
general or special acts of the legislature and Preserve as described in th Official Records
pursuant to Rule 18 20.088, Florida of Nassau County in Book 108, pages 343-346,
Administrative Code. Any publicly owner and and in Book 111, page 409.
maintained navigation channel authorized by the 2. Nassau River - St. Johns River
United States Congress or other public works Marshes Aquatic Preserve as described in the
project authorized by the United States Congress, Official Records of Duval County in Volume
designed to improve or maintain commerce and 3183, pages 547-552, and in the Official
navigation shall be deemed to be excluded from the Records of Nassau County in Book 106, pages
provisions of this chapter, pursuant to Subsection 232-237.
256.40(2). Florida Statutes. Furthermore all lands 3. Pellier Creek Aquatic Preserve, as
lost by avuision c: by artificially induced erosion described in the Official Records of St Johns
shall be deemed excluded from the provisions of this County in Book 181, pages 363-366, and in the
chapter pursuant to Subsection 258.40(3), Florida Official Records of Fiagier County in Book 33,
Statutes. pages 131-134.
(2) These rules do not apply to Bocz Ciera Bay, 4. Tomoka Marsh Aquatic Preserve, as
Finelias County of Biseyne Bay Aquatic described in the Official Records of Fiagier
Preserves. County in Book 33, pages 135-136, and in the
(3) These rules are promuigated to clarify the Official Records of Volusia County in Book
responsibilities of the board in carrying out its land 1244, pages 615-618.
management functions as those functions apply
within the preserves impiermentation and
responsibility for environmental permitting of
activities and water quality protection within the
preserves are vested in the Department of
Environmental Regulation. Since these rules are
considered cumulative with other rules a person
planning an activity within the preserves should
also consult the other applicable department rules
(Chapter 21. Florida Administrative Code for
example) as well as the rules of the Department of
Environmental Regulation.
(4) These rules shall not afiet previous actions
of the board concerning the issuance of any
basement or lease; or any disclaimer concerning
sovereignty lands.
(5) The intent and specific provisions expressed
in 20.00 (e) and (l) apply generally to all
existing or future aquatic preserves within the scope
of the Chapter. Upon completion of a resource
inventory and approval of a management plan for a
preserve pursuant to 10-20-0013 the type
designation and the resource sought to be preserved
may be readoressed by the Board.

FLORIDA AQUATIC PRESERVES

5. Wekiva River Aquatic Preserve, as 8. Indian River-Malabar to Sebastain
described in Section 258.39(30), P.S. Aquatic Preserve, as described in the Official
6. Mosquito Lagoon Aquatic Preserve, as Records of Brevard County in Book 1143,
described in the Official Records of Volusia pages 199-202, and in the Officail Records of
County in Book 1244, pages 619-623, and in Indian River County in Book 368, pages 5-8.
the Official Records of Brevard County in 9. Indian River-Vero Beach to Fort
Book 1143, pages 190-194. Pierce Aquatic Preserve, as described in the
7. Banana River Aquatic Preserve, as Official Records of Indian River County in
described in the Official Records of Brevard Book 368, pages 9-12, and in the Official
County in Book 1143, pages 195-198, less Records of St Lucie County in Book 187,
those lands dedicated to the U.S.A. prior to the pages 1083-1086.
treatment of the act, until such time as the U. 10. Jensen Beach to Jupiter Iniet Aquatic
S.A. no longer wishes to maintain such lands Preserve, as described in the Official Records
for the purpose for which they were dedicated, of St. Lucie County in Book 218, pages
as which time such lands would revert to the 2863-2869.
board and be managed as part of the preserve. 11. North Fork, St Lucie Aquatic

Preserve, as described in the Official Records of Marun County in Book 337, pages 2159-2162. and in the Official Records of St. Lucie County in Book 201, pages 1676-1679.
12. Loxahatchet River - Lake Worth Creek Aquatic preserve, as described in the Official Records of Martin County in Book 320, pages 193-196, and int he Official Records of Paim Beach County in Volume 1860, pages 806-809.
13. Biscayne Bay - Cape Florida to Monroe County Line Aquatic Preserve as described in the Official Records of Dade County in Book 7055, pages 852-856, less, however, those lands and waters as described in Section 256.165, F. S., (Biscayne Bay Aquatic Preserve Act of 1974),and those lands and waters within the Biscayne National Park.
14. Lignumvitae Key Aquatic Preserve, as described in the official Records of monroe County in Book 502, pages 139-142.
15. Coupon Bight Aquatic Preserve, as described in the Official Records of Monroe County in Book 502, pages 143-146.
16. Cape Romano - Ten Thousand Islands Aquatic Preserve, as described in the Official Records of Coliier County in Book 381, pages 296-301.
17. Rookery Bay Aquatic Preserve, as described in Section 256.39(31),FS.
18. Esteno Bay Aquatic Preserve as described in Section 258.39(28). Florida Statutes.
* * *
19. Pine Island Sound Aquatic Preserve as described in the Official Records of Lee County in Book 648, pages 732-736.
20. Matiacha Pass Aquatic preserve, as described in the Official Records of Lee County in Book 800, pages 725-728.
21. Gasparilla Sound - Chariotte Harbor Aquatic Preserve, as described in Section 258.392, F.S.
22. Cape Haze Aquatic Preserve, as described in Section 258.39(29),F.S.
23. Cockroach Bay Aquatic Preserve, as described in Section 258.391, F.S.
24. St. Marons March Aquatic Preserve, as described in the Official Records of Citrus County in Book 276, pages 238-241.
25. Alligator Harbor Aquatic Preserve, as described in the Official Records of Franklin County in Volume 98, pages 62-85.
26. Apaiachicola Bay Aquatic Preserve, as described in the official Records of Gulf County in Book 46, pages 77-81, and in the Official Records of Franklin County in Volume 98, pages 102-106.
27. St. Joseph Bay Aquatic Preserve, as described in the Offical Records of Gulf County in Book 46, pages 73-76.
28. St. Anorrws State Park Aquatic Preserve, as described in the Official Records of Bay County in Book 379, pages 547-550.
29. Rocky Bayou State Park Aquatic Preserve, as described in the Official Records of Okaloosa County in Book 593, pages 742-745.
30. Yellow River Marsh Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 206, pages 568-571.
31. Fom Pickens State Park Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 220, pages 60-63, in the Official Records of Escambia County in Book 518, pages 659-662,less the lands dedicated to the U. S. A. for the establishment of the Gulf Islands National Seashore prior the the enactment of the act, until such time as the U.S.A. no longer wishes to maintain such lands for the purpose for which they were dedicated. At which time such lands would reven to the board and be managed as part of the preserve.Specific Authority 120.33, 258.41(1) FS. Law implemented 258.39, 258.40, 258.41, 258.42, 258.43, 258.44, 258.45, FS. History - New 2-23-81.
32. For the purpose of this section the boudaries of the Lake Jackson Aquatic Preserve, shall be the body of water in Leon county known as Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14, Township 1 North Range 1 West and Sections 11, 12, 13, 14, 15, 21, 22, 25, 26, 27, 28, 29, 32, 33, 34, and 35, Township 2 North Range 1 West lying below the ordinary high water line. Such lands shall include the submerged bottom land and the water column upon such lands, as well as all publicly owned islands, within the boundaries of the preserve. Any Privately held upland within the boundaries of the preserve shall be deemed to be excluded therfrom: provided that the board may negotiate an arrangement with any such private upland owner by which such land may be included in the preserve.
33. Terra Ceia Aquatic Preserce, as described in Section 258.393, Florida Statues.
34. Future aquaric preserves established pursuant to general or special acts of the legislarute. Secific Authority 120.53, 258.43(1) FS Law Implemented 258.39, 258.391, 259.392, 258.393, 258.40, 258.41, 258.43, 258.44, 258.44, 258.45 FS History New 2-23-81, Amended 8-7-85.

Definitions. When used in these rules, the following words shall have the indicated meaning unless the context clearly indicates oterwise:
(1) "Act" means the provisions of Section 258.35 through 258.46, F.S., the Florida Auquatic Preserce Act.
(2) "Activity" means any project and such other human action within the preserce requiring board approval for the use, sale,lease of interest in socereignty lands or materials, or which may require a license from the Department of Encironmental Regulation.

(3) "Aesthetic values" means scenic characteristics of amenities of the preserve in its essentially natural state or condition and the maintenance thereof
(4) "Applicant" means any person making application for a permit, license, conveyance of an interest in state owned lands or any other necessary form of governmental approval in order to perform an activity within the perserve
(5) "Beneficial biological functions" means interactions between flora, fauna and physical or chemical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: nutrient, pesticide and heavy metal uptake; sediment retention; conversion to biomass; nutrient recycling and oxygenation.
(6) "Beneficial hydrological functions" means interactions between flora, fauna and physical geological or geographical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: retardation of strom water flow; storm water retention; and water storage, and periodical release;
(7) "Biological values" means the preservation and promotion of indigenous life forms and habitats including, but not limited to: sponges, soft corals, hard corals, submerged grasses, mangroves, saltwater marshes, fresh water marshes, mud flats, marine, estuarine, and aquatic reptiles, games and non-games fish species, marine, estuarine, and aquatic mammals, marine, estuarine, and aquartic invertebrates, birds and shellfish.
(8) "Board" means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.
(9) "Channel" means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.
(10) "Commercial, industrial and other revenue generating/incomes related docks" means docking facilities for an activity which produces income, through rental or any other means, or which serves as an accessory facility to other rental, commercial or industrial operations. It shall include, but not be limited to docking for marinas, restaurants, hotels, motels,commercial fishing, shipping, boat or ship construction, repair, and sales.
(11) "Department" means the State of Florida Department of Natural Resources, as administrator for the board.
(12) "Division" means the Division of State Lands, which performs all staff duties and functions related to the administration of lands title to which is, or will be, vested in the board, pursuant to sections 253.002, F.S.
(13) "Dock" means a fixed or floating structure, including moorings, used for the purposes of berthing buoyant vessels either temporarily or indefinitely.
(14) "Essentially natural condition" means those functions which support the continued existence or encourage the restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the significant developemnt adjacent to and within the preserve.
(15) "Extreme hardship" means a significant burden, unique to the applicant and not shared by property owners in the area. Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act shall not be construed as an extreme hardship. Extreme hardship under this act shall not be construed to include any hardship which arises in whole or in part from the effect of other federal, state or local laws, ordinances, rules or regulations. Thte term may be inherent in pulic projects which are shown to be a public necessity.
(16) "Fill" means materials from any source, depostied by any means onto sovereignty lands, either for the purpose of creating new uplands or for any other purpose, including spoiling of dredged materials. For the purpose of this rule, the placement of pilings or reprap shall not be considered to be filling.
(17) "Lease" means a conveyance of interest in lands, title to which is vested in the board, granted in accordance with specific terms set forth in writing.
(18) "Marina" means a small craft harbor complex used primarily for recreation.
(19) "Oil and gas transportation facilities" means those structures necessary for the movement of oil and gas from the production site to the consumer.
(20) "Person" means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms and all other associations and combinations, whether public or private, including governmental entities.
(21) "Pier" means a structure in, on, or over sovereignty lands, which is used by the public primarily for fishing, swimming, or viewing the preserve. A pier shall not include a dock.

(22) "Preserve" means any and all of those areas which are exceptional areas of sovereignty lands and the associated water body so designated in Section 258.39, 258.391, and 258.392 F.S., including all sovereignty lands, title to which is vested in the board, and such other lands as the board may acquire or approve for inclusion, and the water column over such lands, which have been set aside to be maintained in an essentially natural or existing condition of indigenous flora and fauna and their supporting habitat and the natural scenic qualities and amenities thereof.
(23) "Private residential single dock" means a dock which is used for private, recreational or leisure purposes for a single family residence, cottage or other such single dwelling unit and which is designed to moor no more than two boats.
(24) "Private residential multi-slip dock" means a docking facility which is used for private recreational or leisure purposes for multi-unit residential dwellings which shall include but is not limited to condominiums, townhouses, subdivisions and other such dwellings or residential areas and which is designed to moor three or more boats. Yacht clubs associated with residential developments, whose memberships or utilization of the docking facility requires some real property interest in the residential area, shall also be included.
(25) "Public interest" means demonsurable environmental, social and economic benefits which would accrue to the public at large as a result of a propsed action, and which would clearly exceed all demonsurable environmental, social, and economic costs of the proposed action. IN determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severence of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be srved by said use, sale, lease, or transfer of lands or materials.
(26) "Public navigation project" means a project primarily for the purpose of navigation which is authorized and funded by the United States Cpngress or by port authorities as defined by Section 315.02(2), F.S.
(27) "Public necessity" means the works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists.
(28) "Public utilities" means those services, provided by persons regulated by the Public Service Commission, or which are provided by rural cooperatives, municipalities, or other governmental agencies, inculding electricity, telephone, public water and wastewater services, and structures necessary for the provision of these services.
(29) "Quality of the preserve" means the degree of the biological, aesthetic and scientific values of the preserve necessary for present and future enjoyment of it in an essentially natural condition.
(30) "Resource management agreement" means a contractual agreement between the board and one or more parties which does not create an interest in real property but merely authorizes conduct of certain management activities on lands held by the board.
(31) "Resource Projection Area (RPA)1" Areas within the aquatic preserves which have resources of the highest quality and condition for that area. These resources may include, but are not limited to corals; manni grassbeds; mangrove swamps; saltwater marsh; oyster bars; archaeological and historical sites; endangered or threatened species habitats and mionial water bird nesting sites.
(32) "Resource Protection Area 2"--Areas within the aquatic preserves which are in transition with either declining resources protection area 1 resources or new pioneering resources within resource protection area 3.
(33) "Resource Protection Area 3" areas within the aquatic preserve that are characterized by the absence of any significant natural resource attibutes.
(34) "Riparian rights" means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.
(35) "Sale" means a conveyance of interest in lands, by the board, for consideration.
(36) "Scientific values" means the preservation and promotion of certain qualities or features which have scientific significance.
(37) "Shore protection structure" means a type of coastal construction designed to minimize the rate of erosion. Coastal construction includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.
(38) "Sovereignty land" means those lands including but not limited to: tidal lanes, islands, sandbars, shallow banks, and lands waterward of the ordinary or mean highwater line, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and of which it has not since divested its title interest. For the purposes of this rule sovereignty lands shall include all submerged lands within the boundaries of the preserve, title to which is held by the board.
(39) "Spoil" means materials dredged from sovereignty lands which are redeposited or discarded by any means, onto either sovereignty lands or uplands

(40) "Transfer" means the act of the board by which any interest in lands, including easements, other than sale or lease is conveyed.
(41) "Utility of the preserve" means fitness of the preserve for the present and future enjoyment of its biological, aesthetic ad scientific values, in an essentially natural condition. Specific authority 256.42(1) FS Law Implemented 258.37, 256.42(1) FS History-New 2-23-61
(42) "Water dependent activity" means an activity which can only by conducted on, in, over, or adjacent to, water areas because the activity required direct access to the water body or sovereignty lands for transportation, recreation, energy production or transmission, or source of water and where the use of the water or sovereignty lands is an integral part of the activity. Specific Authority 256.43(1) FS Law Implement 256.37, 256.43(1)FS history-new 2-23-62 amenord 6-7-85. Formerly
4-26-04 Management: Policies, Standards and Criteria. The following management policies, standards and criteria are supplemental in Chapter 19-21. Florida Administrative Code (Sovereignty Suberged Lands Management) and shall be utilized in determining whether to approve , approve with conditions or modifications or deny all requests for activites on sovereignty lands in aquatic preserves.
(1) GENERAL PROPRIETARY
(2) In determining whether to approve or deny any request the board will evaluate each on a case-by-case basis and weigh any factors relevant under Chapter 253 and/or 258, Florida Statutes. The board acting as Trustees for all state-owned lands, reserves the right ot approve, modify or reject any proposal.
(b) There shall be no further sale, lease or transfer of sovereignty lands except when such sale, lease or transfer is in the public interest (see Section 18-20.004 (2) Public Interest Assessment Criteria).
(c) There shall be no construction of seawalls or ordinary high water line or filling waterward of the mean or ordinary high water line except in the case of public road and bridge projects where no reasonable alternative exists.
(d) There shall in no case be any dredging waterward of the mean or ordinary highwater line for the sole or primary purpose of providing fill for any area landward of the mean or ordinary high water line.
(e) A lease, easement or consent of use may be authorized only for the following activities:
1. a public navigation project;
2. maintenance of an existing navigational channel;
3. installation or maintenance of approved navigational aids;
4. creation or maintenance of a commercial/industrial dock, pier or a marina;
5. creation or maintenance of privat docks for reasonable ingress and egress of reparian owners;
6. minimum dredging for navigation channels attendant to docking facilities;
7. creation or maintenance of a shore protection structure;
8. instualiation or maintenance of oil and gas transportation facilities,
9. creation, maintenance, replacement or expansion of facilities require for the provision of public utilities and,
10. other activites which are a public necessary or which are necessary to enhance the quality or utility of the preserve adn which are consisient with the act and this chapter.
(f) For activities listed in paragraphs 18-20 (1)(c)1-10 above the activity shall be designed so that the sovereignty land are limited to structures necessary to conduct water dependent activities.
(g) For activities listed in paragraphs 18-20 (1)(e)7.,8.,9 and 10 above it must be demonstrated than no other reasonable alternative exists which would allow the proposed activity to be constructed or undertaken outside the preserve.
(h) The use of state-owned lands for the purpose of providing private or public road access to islands when such access did not previously exist shall be prohibited. The use of state-owned lands for the purposes of providing provate or public water supply to islands where such water supply did not previously exist shall be prohibited.
(i) Except for public navigation projects and maintenance dredging for existing channels and basins,any areas dredged to improve or create navigational access shall be incorporated into the preempied area of any required lease or be subject to the payment of a negotiated private easement fee.
(j) Private Residential muliti-ship docking facilities shall require a lease.
(k) Aguaculture and beach renourishment activities which comply with the standards of this ruit chapter and Chapter 18-21, Florida Administrative Code, may be approved by the board, but only subsequent to a formal finding of compatibility with the purpose of Chater 256, Florida Statutes, and this ruit chapter
(l) Other uses of the preserve or human activity within the preserve, although not originally contemplated may be approved by the board, but only subscquent to a formal finding of compatiblity with the purposes of Chapter 256 Florida Statutes and this ruit chapter;
(2) PUBLIC INTEREST ASSESSMENT CRITERIA
In evaluating requests for the sale, lease or transfer of interest a balacing test will be utilized to determine whether the social, economic and/or enviromental benefits clearly exceed the costs.
(a) GENERAL BENEFIT/COST CRITERIA:
(1) Any benefits that are balanced against the costs of a particular project shall be related to the affected aquatic preserve;
(2) In evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves such as Apaiachicola bay shall be subject to a higher standard than the more developed urban aquatic preserves such as Boca Ciega Bay; and.
(3) for projects in aquatic preserves with adopted management plans, consisienty with the management plan will be weighed heavily when determining whether the project is in the public interest.

(b)BENEFIT CATEGORIES: (4) RIPARIAN RIGHTS
1. Public access (public boat ramps, boatslips, (a) None of hte provisions of this rule shall be
etc.): implemented in a manner that would unreasonalby
2. providing boating and marina services infringe upon the traditional commom law and
(repair, ,etc.): statutory ripafran menus of upland repartan
3. improve and enhance public healthy safety property owners adjacent to sovereignty lands.
welfare and law enforcement: (b) the evaluation and overminaution of the
4. improved public land management reasonable ribarian rights of ingress and egress for
5. improve and enhance public navigation: private residentual multi-slip docks shall be based
6. improve and enhance water quality upon the number of linear inci of riparian shoreline.
7. enhancement/restoration of natural habitat (c) For the purposes of this rule a private
and functions ;and residenual singit docking facility which meets all
8. improve /protect the requirements of shall be
endangered/inrcaiened/unique species seemed to meet the public interest requirements of
(c)COSTS: (b), Forces Administrative
1. reduced/ water quality; coat. However the applications for such docking
2. reduced/ natural habitat and facilities must apply for such consent and must meet
function; all the requirements and standards of the rule
3. destruction, harm or harasssment of chaplet.
endangered or threatened species and habitat; (5) STANDARDS AND CRITERIA FOR
4. preempuon of pulibc use; DOCKING FACILITIES
5. measuring navigtional hazards and (A) All docking facilities wheather for a or
congestion multislip residential or commercial shall be
6. reduced/ottraded and, subject to the following standards and criteria;
7. aoverrse comulative impacts. 1. No dock shall extend water word of the mean
(d) EXAMPLES OF SPECIFIC BENEFITS: or ordinary high water line more than 500 feet or 20
1. Donation of land,conservation tastmenus, percent of hte wintin of the waterbody at that
covenanis or other init interests in or particular location whitchever is less;
conguous to the aquatic preserve which will 2. Certain docks may fall wihtin areas of special
protect or enhance the aquatic preserve; or unique importance. These areas may be of
2. providing access or facillties for public land significant biological, scientific, historic and/or
management activities; value and require spcial management
3. providing public access casements and/or considerations. Modifications may be more
facilities, such as beach access, boat ramps, etc. restrictive than the normally accepted criteria.Such
4. restoration/enhantement fo altered habitat or modifications shall be determined on a case-by-case
natural functions, such as conversion of vertical analyst and may include, but shall not be limited to
bulkneass to riprap and/ or vegetation(or shoreline changes in location, configuration, within
stabilizaton or reestablishment of shoreline or and heights;
submerged vegation; 3. the number, ,crafts and types of
5. improve fishery habitat through the vessels allowed to utilize the proposed iadinty may
establishment of artificial reels or other such also be supulated and
projects where appropriate; 4. where local government have more significant
6. providing sewagt pumpout facilities where standards and criteria for docking, ,the
normally not required in patuiculr, facilities open more strigent standards for the protection and
to the general public; enhancement of the aquatic preserve shall prevail.
7. improvements to water quality such as (b) Private residential singie docks shall
removal of toxic sediments, increased trushing and conform to the following specific design standards
circulation etc; and critea;
8. providing upland dry storage as an alternative 1. Any main access dock shall be limited to a
to wetship; and maximum within of four(4) ;
9. marking navigation channels to avoid 2. The dock seeking design and construction will
disruption of shaliow water habitats. insutt maximum ingni penetration with full
(3) RESOURCE MANAGEMENT consideration fo safety and practuically;
(a) All proposed activties in aquatic preserves 3. the dock will extend out from the snoreline no
having management plans adopted by the board further than to a maximum dopth of minus four
must demonstrate that such activities are consistent 4. When the water depth is minus four(-4) feet
with the management plan. (mean water)at an existing bulkhead the
(b) no drilling of oil, gas, or other such wells miximun dock length from the bulkhead shall be
shall be allowed. 25 feet, subject to modifications accommodating
(c) Utility cables, pipes, and other such shoreline vegetation overhang;
structure shall be constructed and located in a 5. wave break devires when necessary shall be
manner that will cause minimal disturbance to designed to allow for maximum water circilation
submerged land resorces such as ovsier bars and and shall be built in such a manner a to be part of
submerged grass beoa and do not inveritrt with the dock structure;
traditional public uses. 6. rerminal platform size shall be no more that
(d) Spoil disposal within the preserves shall be 160 square feet and
strongly discouraged and may be approved only 7. to obtain navigable water depths in
where the application has demonstrated that there is coniunction wiht private residential, single dock
no other reasonable alternative and that activity applications is strongly discoraged.
may be beneficial to or at a minimum, not harmful (t)Private residential multi-slip docks shall
to the quality and vitality of the preserve. conform to the following specific design sancators
and criteria;

1.The area of soventry, submerged land preempred by the docking facility shall not exced into square amounting to
ten times the ribarian waterron; of the alieeved water body of the application or the square attenonat to providing
a single dock in accordance with the criteria for private residental single docks whichever is greater. A conservation
casement or owner such use restrictions acceptable to the board must be placed on hte riparian snotelins used for the
caicuiation of hte 10; I inrehold to conserve and protect shoreline resouces and subordinat/waive any further
of ingrets and egress for addititional docking facilities;2. docking facilities and access channels shall be prenioned in
Resource Froitacion Area 1 or 2, except as allowed pursuant ot Section while oregorint in Resources
Protection area 3 shall be strongly discouraged. 3. docking facilities shall only be approved in locations having adequate
existing water depins in the boz; mooring , basit.. access channels and owner such areas which will accommodiate the
propesed boat use in order to insure that a minimum of one foot clearance is provided between the deepest orain of a vessel
and the bottom at mean low waters; 4. main access docks docks nad connetuint or cross walks shall not exceed six (6) feet in
width ; 5. terminal shall not exceed eight (8) feet in width and 25 feet i length;7. pilings may be utilized as
required to provide adequait mooring capabilities and 8. hte following providions of Rule 18 . 20 (5)(d) shall also apply
to private residential mult-slip docks.(d) Commercial industrial and other revenue penerating/ income docing facilities
shall conform to the following specific design standards and criteria; 1. Docking facilites shall only be located in or near
areas with good circulation, flushing and aoeoutar water :2. docking facilities and access channels shall be prohibited
in Resource Protection Area 1 or 2, except as allowed pursuant to Sectios 256 42(3)(e)1.. Florisa statutes while oreginatin
in Resources Protection Area 3 shall be strongly discouraged:3. the docking facilities shall not be located in Resources
Protection Area 1 or 2; however main acess docks may be allowed to pass through Resources Protection Area 1 or 2 that are
located along hte shoreline to reach an acceptab1e Resource Protection Area 3, provided that such crossing will generate
minimal environmental impact; 4. Beginning July 1, 1986 new docking facilities may obtain at least only where the local
governments have and adopted marina plan and /or policies with the siting of sommercial/industrial and private,
residential, multi-slip docking facilities in their local government comprehensive plan;5. the of the docking
facilities shall also take into account the access of hte boat traffic to avoid marine grassboats or other aquatic
resources in the surrounding areas;6. the siting of new facilities within the preserve shall be secondary to the expansions
of exisitng facilities within the preserve when such expansion is consistant with the other standards;7. the location of new
facilities and expansion fo existing facilities shall consider the use of upland dry storage as an alternative to multiple
wet-slip docking;8. marina will be coroinated with local governments to insure consitency with all local plans and
ordinances, 9. marinas shall not be within manatee sanctuaries and 10. in any areas with known manaite
concentrations, manatee warning/notice and /or speed limit signs shall be erected at the manna and /or ingress and egress
channels according to Floridas Patrol specifications.(t) Exceptions to the and criteria listed in rule
.Florida Administrative Coad may be considered but only upon demonstration by the applications that
such exceptions are necessary to insure reasonalbe riparian ingress and egress. (6) MANAGEMENT AGREEMENTS : The board
may into management agreements with local agencies for the administration and environment of standards and criteria
for provate residential single docks. Specific Authority 253.03 256.3(1) FS law implements 253.03, 256.41, 256.43(1). 256
FS History-New Amended Editorial Note: The amendment entirely the former rule.
18-20.005 Uses, Sales , Leasures or Transfer of interests in Lobor, or Materials, Held by the Board. Specific Authority
256.43(1) FS. Law implemented 253.02, 253.12, 256.43 FS. History--New 2.25-81, 8-7-65. 15-20.006 Cumulative ImpactsIn
Evaluating appkications for activies within the preserves or which may impact the preserves, the department recognizes that
while a particular situation of the preserve may consitute a minor change in the cumulative effect of numerous such changes often
result in major impairments to the resourses of the preserve.Therefore the department shall evaluate a particular site for
which the activity shall be considered in light of its cumulative impact on the preserved natural system.The departmant shall
include as a part of its exaluation of an activity:(1) The number and extent of similar human actions within the preserve which
have previously affected or are likely to affect the preserve,wether considered by the department under its current authority
or which existed prior to or since the enhancement of the Act:and (2) The similar activitts within the preserve which are currently
considered by the department;and

(3) Direct and indirect effects upon the preserve and adjacent preserves, if applicable, which may reasonably be expected to
reasonably be expected to result from the activity: and
(4) The extent to which the activity is consistent with management plans for the preserce, when developed: and
(5) The extent to which the activity is permissible within the preserce in accordance with comprehensive plans adopted by
affected local governments, puruant to section 163.3161, F.S., and other applicable plans adopted by local, state, and
federal governmental agencies;
(6) The extent to which the loss of beneficial hydrolic and biologic functions would inpact the quality or unity of the
preserve;and
(7) The extent to which mitigation measures may compensate for adverse impacts. Specific Authority 256.36, 256.43, 256.44 FS
History New 2-25-81.
Protection of Kiparian Rights Secific Authority 258.43(1) FS Law Implemented 258.123, 258.124(B), 256.44 FS History New 2-25-81
Repeated 8-7-85
Inclusion of Lantis, Title to Which Is Not Vested in the Board, in a Preserve.
(1) Lands an water bottoms which are within designated aquatic preserce boudaries, or adjacent thereto and which are owned
by other focernmental agencies, may be included in an aquatic preserce upon specific authorization for inclusion by an
appropriate instrument in writing executed by the agency.
(2) Lands and water bottoms which are within designated aquatic preserve boundaries or adjacent thereto, and which are
in private ownership, may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate
instrument in writing excuted by the owner.
(3) The appropriate instrument shall be either a dedication in perpetuity, or a lease. Such lease shall contain the following
conditions:
(a) The term of the lease shall be for a minimum period of ten years.
(b) The board shall have the power and duty to enforce the provisions of each lease agreement, and shall additionally have
the power to terminate any lease if the termination is in the best interest of the aquatic preserve system, and shall have
the power to include such lands in any agreement for management of such lands.
(c) The board shall pay no more than $1 per year for any such lease. Specific Authority 258.43(1) FS Law Implemented 256.40,
25841 FS History New 2-25-81.
Establishment or Expansion of Aquatic Preserves.
(1) The board may expand existing preserves or establish additional areas to be included in the aquatic preserve system,
subject to confirmation by the legistature.
(2) The board may after public notice and public hearing in the county or counties in which the proposed expanded or new
preserve is to be located, adopt a resolution formally setting aside such areas to be included in the system.
(3) The resolution setting aside an aquatic preserve area shall include:
(a) A legal description of the area to be included. A map depicting the legal description shall also be attached.
(b) The designation of the type of aquatic preserve.
(c) A general statement of what is sought to be preserved.
(d) A statement that the area established as a preserve shall be subject to the management criteria and directives of this
chapter.
(e) A directive to develop a natural resource inventory and a management plan for the area being established as an aquatic
preserve.
(4) Within 30 days of the designation and establishment of an aquatic preserve, the board shall record in the public records
of the county or counties in which the preserve is located a legal description of the preserve.
Specific Authority 258.43910 FS Law Implemented 258.41 FS History New 2-25-81
Exchange of Lands. The board in it's descretion may exchange lands for the benifit of the preserve, provided that:
(1) In no case shall an exchange result in any land or water area being withdrawn from the preserve; and
(2) Exchanges shall be in the public interest and shall maintain or enhance the quality or utility of the preserve.

Specific Authority 258.43(1) FS Law Implemented 258.41(5), 256.42(1) FS History New 2-25-81

Gifts of Lands. The board in its descretion may accept any gifts of land or interests in lands within or contiguous to the
preserve to maintain or enhance the quality and utility of the preserve
Specific Authority 256.43(1) FS Law Implemented 258.42(5) FS History New 2-25-81

Protection of Indiginous Life Forms. The taking of indigenous life forms for sale or commercial us e is prohibited, except
that this prohibition shall not extend to the commercial taking of fin fish, crustacca or moliusks, except as prohibited
under applicable laws, rules or regulations. Members of the public may exercise their rights to fish, so long as not
contrary to other statutory and regulatory provisions controlling such activities.
Specific Authority 256.43(1) FS Law Implemented 256.43(1) FS History New 2-25-81

Development of Resource Inventories and Management Plans for Preserves.
(1) The board authorizes and directs the dicision to develop a resource inventory and management plan for each preserve.
(2) The division may perform the work to develop the invenroties and plans, or may enter into agreements with other
persons to perform the work, in either case all work performed shall be subject ro board approval.
Specific Authority 256.43(1) FS Law Implimented 253.03(7), 253.03(8) FS History New 2-25-81. Amended 8-7-85

Editorial Note: The 8-7-85 amendment entirely superseded the former rule.

Environment. The rules shall be enforced as provided in Section 258.46. Specific Authority 256.43(1) FS Law Implemented
258.46 FS History New 2-25-81

Application form.
Specific Authority (253.43(1) FS Law Implemented 256.43 FS History New 2-26-81. Repeated 8-7-85

Coordination with Other Governmental Agencies. Where a Department of Environmental Regulation permit is required for
activities on sovereignity lands the department will coordinate with the Department of Environmental Regulation to obtain
a copy of the joint Department of Army/Florida Department of Environmental Regulation permit application and the
biological servey. The information contained in the joint permit application and biological assessment shall be considerd
by the department in preparing its staff recommendations to the board. The board may also consider the reports of other
governmental agencies that have related management or permitting reso\ponsibilities regarding the proposed activity.
Specific Authority 253.43(1) FS Law Implemented 258.43 FS History New 2-25-81.

Lake Jackson Aquatic Preserve. In addition to the previsions of Kuieses (20.001) in rough (20. The following requirements
shall also apply ro all proposed activities within the Lake Jackson Aquatic Preserve. If any provisions of this Rule are
in conflict with any provisions of Rules (18-20) through (15-20) or Chapter 73-534, Laws in Florida, the stronger
provision for the prosecution or enhancement of the aquatic preserve shall prevail.
(1) No further sale, transfer or lease of soveriegnity lands in the preserve shall be approved or consummated by the
board, except upon a showing of extreme hardship on the part of the applicant or when the board shall determine such sale,
transfer or lease to be in the public interest.
(2) No further areaging or filling of sovereignity lands of the preserve shall be approved or tolerated by the Board of
Trustees except:
(a) Such minimum areaging and spoiling as may be authorized for public navigation projects or for preservation of the lake
according to the expressed intent of Chapter 73-534, Laws of Florida: and
(b) Such other alteration of physical conditions as may be necessary to enhance the quality or utility of the preserve.
(3) There shall be no drilling of wells, excavation for shell or minerals, and no erection of structures (other than
docks), within the preserve, unless such activity is associated with activity authurized by Chapter 73-534, Laws of
Florida.
(4) The Board shall not approve the relocations of bulkhead lines within the preserve.
(5) Notwithstanding other provisions of this act, the board may, respecting lands lying within the Lake Jackson basin:
(a) Enter into agreements for and establish lines delinecating sobereinity and privately owned lands;
(b) Enter into agreements for the exchange and exchange sovereignity lands for privately owned lands;
(c) Accept gifts of land within or contuguous to the preserve.
Specific Authority 258.39(26) FS Law Implemented 258.39(26) FS History New 8-7-85

APPENDIX C. harvesting, public recreation, and fish and wildlife
propagation and management;
(5) To insure that all public and private
activities on sovereignty lands and generate
revenues or exclude traditional public uses provide
just compensation for such privileges; and,
(6) To aid in the implementation of the State
Lands Management Plan.
Specific Authority 253.03(7) FS, Art. X, Sec 11, Fla.
Const. Law Imprlemented 253.03, 253.12 FS History -
New 3-27.82.

16Q-21.02 Scope and Effective Date.
(1) These rules are to implement the
CHAPTER 16Q-21 administrative and management responsibilities of
SOVEREIGNTY SUBMERGED LANDS the board and department regarding sovereignty
MANAGEMENT lands. Responsibility for environmental permitting
of activities and water quality protection on
16Q-21.01 Intent. sovereignty and other lands is vested with the
16Q-21.02 Scope and Effective Date. Department of Environmental Regulation. These
16Q-21.03 Definitions. rules are considered cumulative; therefore, a person
16Q-21.04 Management Policies, Standards, planning an activity should consult other applicable
and Criteria. department rules (Chapter 16Q-20, Florida
16Q-21.05 Procedures. Administrative Code and others) as well as the rules
16Q-21.06 Applications - General of the Department of Enviornmental Regulation.
Information. (2) These rules are prospective in their
16Q-21.07 Applications for Consent of Use. application and shall not apply to activities for
16Q-21.08 Applications for Lease. which applications have been submitted to the
16Q-21.081 Application for Grandfather department or the Deparment of Environmental
Structure Registration Regulation prior to the adoption date of these rules
16Q-21.09 Applications for Public Easement and shall not affect previous actions of the board
16Q-21.10 Applications for Private Easement concerning private docks or the issuance of any
16Q-21.11 Payments and Fees for Standard easements, lease, or any disclaimer concerning
Leases, Easements, and Severed sovereignty lands. Fee arrangements in existing
Dredge Materials. leases are not subject to the fees of this rule until
16Q-21.12 Spoil Islands expiration of said leases unless otherwise specified
16Q-21.13 Applications to Purchase Lands in the lease instrument.
Riparian to Uplands. (3) Docks, piers, and other such structures on
16Q-21.14 Disclaimers to Confirm Title to sovereignty "lands in existence prior to March 10,
Filled Formerly Sovereignty 1970 shall be subject to the provisions of this rule (6) To aid in the implementation of the State
16Q-21.15 Quitclaims to Clear Title to Filled commencing on January 1, 1998. Any expansions to
Formerly Sovereignty Lands. such stuctures shall be subject to the provisions of
16Q-21.16 Applications to Reclaim Lands this rule, if any expansion thereto requires the use of
Lost Due to Avuision or Aritficial any Additional sovereignty lands.
Erosion (4) Docks, piers, and other such structures on
sovereignty lands in existence prior to March 10,
1970 and which would require a lease pursuant to
Section 16Q-21.05(1)(b), Florida Administrative
Code, shall be required to register the structures
with the department before June 30, 1984.
(5) Any expansion of an existing activity shall be
subject to the provisions of this rule.
Library References: Lakes: Distinguishing Them from Specific Authority 253.03(7) FS. Law Implemented Lands. 1970 and which would require a I pursuant it)
Wet Prairies, James R. Brindell, 57 Fla. Bar J. 724 253.03, 253.12, 253.77 FS. History--New 8-27-82,
(December, 1983). Amended 8-1-83.

16Q-21.01 Intent. The intent and purpose of 16Q-21.03 Definitions. When used in these
this rule is: rules, the following shall have the indicated
(1) To aid in fulfilling the trust and fiduciary meaning unless the context clearly indicates
responsibilities of the Board of Trustees of the otherwise:
Internal Improvement Trust Fund for the (1) "Accreation" means the process of gradual
administration, management and disposition of and imperceptible additions of sand, sediment, or
sovereignity lands; other material to riparian lands made by the natural
(2) To insure-maximum benefits and use of action of water which results in dry lands formerly
sovereignty lands for all the citizens of Florida covered by water.
(3) To manage, protect, and enhance (2) "Activity" means any use of sovereignty
sovereignty lands so that the public may continue to lands which requires board approval for consent of
enjoy traditional uses including, but not limited to, use, lease, easement, sale, or transfer of interest in
navigation, fishing, and swimming; such sovereignty lands or materials. Activity
(4) To manage and provide maximum includes, but is not limited to, the construction of
protection for all sovereignty lands, especially those docks, piers, boat ramps, board walks, mooring

pilings, dredging of channels, filling, removal of the general public on a first come, first served basis.
logs, sand, silt, clay, gravel or shell and the removal This is intended to cover services offered to various
as planting of vegetation on sovereignty lands. types, classes or groups of public users and such I
(3) "Applicant means any person making services need not to be comprehensive. The service
application for a lease, sale, or other form of offered may be a specialty service such as boat
conveyance of an interest in sovereignty lands or any repair, seafood purchasing, marine slip rentals or
other necessary form of governmental approval for shipping terminals as long as all services offered are
an activity on sovereignty lands. opcn to the general class of users without any
(4) "Artificial accretion" means the addition of qualifying requirements such as club membership
sand, sediment, or other material to riparian lands or stock ownership.
caused by man-made projects and operations which (19) "Lease" means an interest in sovereignty
results in dry lands formerly covered by water. lands designated by a contract creating a landlord-
(5) "Artificial erosion" means the loss or tenant relationship between the board as landlord
washing away of sand, sediment, or other material and the applicant as tenant whereby the board
from riparian property caused by man-made grants and transfers to the applicant the exclusive
projects and operations which result in submerged use, possession, and control of certain specified
lands formerly not covered by water. sovereignty lands for a determinate number of
(6) "Avulsion" means the addition to or loss of years, with conditions attached, at a definite Fixed
riparian property caused by the sudden and rental.
perceptible natural action of water. (20) "Management agreement" means a
(7) "Acqluaculture" means the cultivation of contractual agreement between the board and one or
animal or plant life in an aquatic environment. more parties which dots not create an Interest In real
(8) "Board" means the Governor and Cabinet property but merely authorizes conduct of certain
sitting as the Board of Trustees of the Internal management activities on lands held by the board.
Improvement Trust Fund. (21) "Marginal dock" means a Fixed or floating
(9) "Channel" means a trench, the bottom or structure placed Immediately contiguous and
which is normally covered entirely by water, with parallel to an established seawall, bulkhead or
the upper edges of its sides normally below water. revetment.
(10) "Coastal barrier islands" means a (22) "Mean high water" means the average
depositional geologic feature consisting of height of the high tides over a 19-year period. For
unconsolidated sedimentary Materials in an island shorter periods or observation, "mean high water"
configuration which is subject to direct attack by means the average height Of the high waters after
wave, tidal, and wind energies originating from the corrections are applied to eliminate known
Atlantic Ocean or Gulf of Mexico, and which serves variations and to reduce the result to the equivalent
to protect landward aquatic habitats, such as hays of a mean 19-year value.
and estuarties, and the interior uplands of the (23) "Mean high water line" means the
mainland from oceanic wave, tidal, and wind forces. intersection' of the local elevation of mean high
(11) "Consent of use" means a nonpossessory water with the shore. Mean high water line along
interest in sovereignty lands created by an approval the, shore of land immediately bordering on
which allows the applicant the right to erect specific navigable waters is recognized and declared to be
structures or conduct specific activities on said the boundary between the foreshore owned by the
lands. State of Florida in its sovereign capacity and the
(12) :Department" means the State of Florida uplands subject to private ownership. However,no
Department of Natuarl Resources, as administrator provision of this rule shall be deemed to impair the
for the board. title to privately owned submerged lands validly
(13) "Division" means the Division of State alienated by the State of Florida or its legal
Lands which performs all staff duties and functions predecessors.
related to the administration of lands, title to which (24) "Nomination" means a proposal for an oil
is or will be vested in the hoard pursuant to Section and gas lease.
253.002, Florida Statutes. (25) "Person" means individuals, minors,
(14) "Dock" means a fixed or floating structure partnerships, corporations, joint ventures, estates,
including mourings, used for the purpose of trusts, syndicates, fiduciaries, firms, and all other
berthing boyant vessels. associations and combinations, whether public or
(15) "Easement" means a non-possessory private, including governmental entities.
interest in sovereignty lands created by a grant or (26) "Preempted area" means the area of
agreement which confers upon the applicant the sovereignty lands from which the traditional public
limited right, liberty, and privilege to use said lands uses have been or would be excluded to any extent
for a specific purpose and for a specific time. by an activity. The area may include, but is not
(16) "Energy production" means the limited to, the sovereignty lands occupied by the
exploration for, and extraction of, hydrocarbons, docks and other structures, the area between the
including necessary transmission through pipelines, docks and out to any mooring pilings, and the area
or the water-oriented activities related to the between the docks and the shoreline. If the activity is
generation of electricity. required to be moved waterward to avoid dredging
(17) "Fill" means materials from any source, or disturbance of nearshore habitat, a reasonable
deposited by any means onto sovereignty lands, portion of the nearshore area that is not impacted by
either for purpose of creating new uplands or for dredging or structures shall not be included in the
any other purpose, including spoiling or dredged preempted area.
materials. (27) "Public interest" means demonstrable
(18) "First come, first served" means any enviromental, social, and economic benefits which
water dependent facility operated an the sovereign would accrue to the public at large as a result of a
lands of the state the services of which are open to proposed action, and which would clearly exceed all

costs of the proposed action. In determining the direct access to the water body or sovereignty lands
public interest in a request fpr use, sale, lease or for transportation, recreation, energy production or
transfer of interest in sovereignty lands or severance transmission, or source of water, and where the use
of materials from sovereignty lands, the board shall of the water or sovereignty lands is an integral part
consider the ultimate project and purpose to be of the activity.
served by said use, sale, lease, or transfer of lands or Specific Authority 253.03(7) FS. Law Implemented
materials. 253.03 FS. History--New 9-26-77, Formerly 16C-12.01,
(28) "Public navigation project" means, an 16Q-17.01, Amended 3-27-82, 8-1-83.
activity primarily for the purpose of navigation 16Q-21.04 Management Policies, Standards,
which is authorized and funded by the United States and Criteria. The following management policies,
Congress or by port authorities as defined by standards, and criteria shall be utilized in
Section 315.02(2), Florida Statutes. determining whether to approve, approve with
(29) "Public utilities" means those services, conditions or modifications, or deny all requests for
provided by persons regulated by the Public Service activities on sovereignty lands.
Commission, or which arc provided by rural (1) General Proprietary
cooperatives, municipalities, or other governmental (a) For approval, all activities on sovereignty
agencies, including electricity, public water and lands must be not contrary to the public interest,
wastewater services, and structures necessary for except for sales which must be in the public interest.
the provision of these services and transmission lines (b) All cases, casements, deeds or other forms of
for public communication systems such as approval for sovereignty land activities shall contain
telephone, radio and television. such terms, conditions, or restrictions as deemed
(30) "Public water management project" means necessary to protect and manage sovereignty lands.
an activity primarily for the purpose of flood (c) Equitable compensation shall be required for
control, conservation, recreation, water storage and ]cases and casements which generate revenues,
supply, and allied purposes, which is authorized monics or profits for the user or that limit or
and funded by the United States Congress, the State preempt general public use. Public utilities and
of Florida, or a water management district as state or other governmental agencies exempted by
defined by Section 373.069, Florida Statutes. law shall be excepted from this requirement.
(31) "Revenue"generating/income related (d) Activities on sovereignty lands shall be
activity" means an activity on sovereignty lands limited to water dependent activities only unless the
which produces income, through rental or any other board determines that it is in the public interest to
means, or which serves as an accessory facility to allow an exception as determined by a case by case
other rental, commercial, or industrial operations. evaluation. Public projects which are primarily
It shall include, but not be limited to, docking for intended to provide access to and use of the.
marines, restaurants, hotels, motels, commercial waterfront may be permitted to contain minor uses
Fishing, shipping, and boat or ship construction, which are not water dependent if:
repair and sales, 1. located, in areas along seawalls or other
(32) "Reclamation or lands" means restoring nonnatural shorelines;
the upland shoreline to a condition that existed prior 2. located outside of aquatic preserves or class 11
to avulsion or artificial erosion. waters; and,
(33) "Riparian rights" means those rights 3. the nonwater dependent uses are incidental to
incident to lands bordering upon navigable waters, the basic purpose or the project, and constitute only
as recognized by the courts and common law. minor nearshore encroachments on sovereign lands.
(34) "Sale" means a conveyance or transfer of (c) Stilt house, boathouses with living quarters,
title of sovereignty lands in fee simple by the board, or other such residential structures shall be
for consideration. prohibited on sovereignty lands.
(35) "Satisfactory evidence of title" means a (f) The State Lands Managaement Plan shall be
current title Insurance policy issued by a title considered and utilized in developing
Insurance company authorized to do business in the recommendations for all activities on sovereignty
State of Florida, or an opinion of title prepared by a lands.
involved and indicating, at least, such minimum (g) The use of sovereignty lands for the purpose
interest in the applicant which may entitle the of providing road access to islands, where such
applicant to the relief sought, or such affidavits as access did not previously exist, shall be prohibiited.
currency of title status of an applicant. The board may grant an exception to this
(36) "Sovereignty lands" means those lands prohibition if the board makes an exception to this
including but not limited to, tidal lands, islands, resources and sovereignty lands than other access
sand bars, shallow banks, and lands waterward of prohibition if the board makes a finding that:
the ordinary or mean high water line, under 1. Construction and use of road access is the least
navigable fresh and salt waters, to which the State of damaging alternative and more protective of natural
Florida acquired title On March 3, 1845, by virtue resources and sovereighnty lands than other access
statehood, and which have not been heretofore activities; and,
conveyed or alienated. 2. In the case of coastal barrier islands, such use
(37) "Spoil island" means any artificially of sovereignty lands and any upland development
created island having an elevation above water upon facilitated thereby is in the public interest, or in the
formerly submerged sovereignty lands, title to case of other islands, not contrary to the public
which is vested in the board. interest.
activity which can only be conducted on, in, over, or (h) When one or more exapansions to existing
grandfathered lease facilities equal 50 percent or
more of the grandfathered facility then the
grandfathered facility will be required to come
under lease.
(i) All existing licenses shall be converted to

(2) Resource Management: the prohibited area if said lease stipulates that any
(a) All sovereignty lands shall be considered drilling shall be conducted from outside area.
single use lands and shall be managed primarily for (3) Riparian Rights
the maintenance of essentially natural conditions, (a) None of the provisions of this rule shall be
propagation of Fish and wildlife, and traditional implemented in a manner that would unreasonably
recreational uses such as fishing, boating, and infringe upon the traditional, common law riparian
swimming.Compatible secondary purposes and rights of upland property owners adjacent to
uses which will not detract from or interfere with sovereignty lands.
the primary purpose may be allowed. (b) Applications for activities on sovereignty
(b) Activities which would result In significant lands riparian to uplands can only be made by and
adverse impacts to sovereignty lands and associated approved for the upland riparian owner, their
resources shall not be approved unless there is no legally authorized agent, or persons with sufficient
reasonable alternative and adequate mitigation is title interest in uplands for the intended purpose.
proposed. (c) All structures and other activities must be
(c) The Department or Environmental within the riparian rights area of the applicant and
Regulation biological assessments and reports by must be designed in a manner that will not restrict or
other agencies with related statutory, management, otherwise infringe upon the riparian rights of
or regulatory authority may be considered in adjacent upland riparian owners.
evaluating specific requests to use sovereignty lands. (d) All structures and other activities must be set
Any such reports sent to the department in a timely back a minimum of 25 feet from the applicant's
manner shall be considered. riparian rights line. Marginal docks may be set back
(d) Activities shall be designed to minimize or only 10 feet. There shall he no exceptions to the
eliminate any cutting, removal, or destruction or setbacks unless the applicant's shoreline frontage is
wetland vegetation (as listed in Rule 17-4.02(17), less than 65 feet or a sworn affidavit of no objection
Florida Administrative Code) on sovereignty lands. is obtained from the affected adjacent upland
(c) Reclamation activities on sovereignty lands riparian owner, or the proposed structure is a
shall be approved only it avulsion or artificial subaqueous utility line.
erosion is affirmatively demonstrated. Other Specific Authority 253.03(7) FS. Law Implemented
activities involving the placement of fill material 253.03, 253.12, 253.14, 253.47, 253.67, 73 FS.
below the ordinary high water line or mean high History--New 3-27-82, Amended 8-1-83
water line shall not be approved unless it is 16Q-21.05 Procedures
necessary to provide shoreline stabilization, access (1) All activities on sovereignty lands shall
to navigable water, or for public water management require a lease, easement, consent of use or other
protects. form of approval. The following shall be used to
(f) To the maximum extent possible, shoreline determine the form of approval required:
stabilization should be accomplished by the (a) Consent of Use - is required for the
establishment of appropriate native wetland following activities, provided that any such activity
vegetation. Rip-rap materials, pervious not located in an Aquatic Preserve or Manatee
interlocking brick systems, filter mats, and other Sanctuary and which is exempt from Department of
similar stabilization methods should be utilized in Environmental Regulation permitting
lieu of vertical seawalls wherever feasible. requirements under Section 403.813(2)(a),(b),(c),
(g) Severance of materials from sovereignty (d),(e),(g),(h),(i), and (k). Florida Statutes is
lands shall be approved only if the proposed hereby exempted from any. requirement to make
dredging is the minimum amount necessary to application for consent of use, and such consent Is
accomplish the stated purpose and is designed to herein granted by the board:
minimize the need for maintenance dredging. I. A single dock or access channel which is no
(h) Severance of materials for the primary more than the minimum length and size nercessary to
purpose of providing upland Fill shall not be shall not be provided reasonable access to navigable water;
approved unless no other reasonable source of 2. Docks, access channels, boat ramps, or other
materials is available or the activity is determined to activities which preempt no more than 1,000 square
be in the public interest. feet of sovereignty land area for each 100 linear feet
(i) Activities on sovereignty lands shall be of shoreline in the applicants ownership (see
designed to minimize or eliminate adverse impacts "preempted area" definition Rule 16Q-21.03(25).
on Fish and wildlife habitat. Special attention and Florida Administrative Code). Proportional
consideration shall be given to endangered and increased in the 1,000 square foot threshold can be
threatened species habitat. added for fractional shoreline increments over 100
(j) To the maximum extent feasible, all beach linear feet;
compatible dredge materials shall be placed on 3. Marginal docks and mooring pilings along an
beaches or within the nearshore sand system. existing seawall, bulkhead or revetment;
(k) Oil and gas drilling leases on state-owned 4. Replacement or construction of bulkheads or
submerged lands shall be approved only when the seawalls at or within three feet waterward of the
proposed lease area is at least one mile seaward of line of mean high water;
the Outer coastline of Florida as defined in United 5. Placement of riprap at or within ten fee:
States v. Florida, 425 U.S. 791, 48 L. Ed. 2d 388, waterward of the line of mean high water;
96 5. CL. 1840, upon adequate demonstration that 6. Dredging Or Other removal or sovereignty
the proposed activity is in the public interest, that materials;
the impact upon aquatic resources has been
thoroughly considered, and that every effort has 7. Renourishment of publicly owned beaches;
been made to minimize potential adverse impacts and

8. Artificial reefs for public use.

1. Docks: boat ramps, or owner such activities Specific Authority
which are larger than those which can be approved 253.03 FS.History -New 3-27-82.
under consent Of use(Section 16Q-21.05(l)(a), 16Q-21.07 Applications for concent of Use.
-Florida Adminisrative Code); (1) Applications for consent of use shall include
2. All revenue generating/income related the following.
activities;
3. Grandfather structures upon sale, (a) Name, address and telephone number of
reassignment or other form of conveyance or applicant and applicant's authorized agent, if
transfer; applicable;
4. Existing licenses upon the date of expiration (b) Location of the proposed activity including:
or renewal. county; section, township and range; affected
waterbody; and a vicinity map, preferably a
5. Aquaculturc; reproduction of the appropriate portion of United
6. Oil and gas exploration and development; and
7. Dead shell and other mining. States Geological Survey quadrangle map;
(c) Easement - is required for. (c) Satisfactory evidence of title in subject
I . Utility crossings and rights of way; riparian upland property or demonstration or
2. Road and bridge crossings and rights of way; sufficient title interest in uplands for the intended
3. Groins, breakwaters,and other such shoreline purpose;
protection structures; (d) A detailed statement of the proposed activity;
4. Public navigation projects channels ; (c) Multiple boat slip facilities may require an
6. Spoil disposal sites; (f) Two copies or a dimensioned site plan
7. Borrow areas for beach renourishment; and drawing(s) with the following requirements:
8. Canals, channels, and other public water 1. utilizing an appropriate scale on 8 1/2" X
management structures. 11" size paper;
(d) Management Agreement - is required for: 2. showing the approximate water's edge;
1. Management and protection activities which 3. showing the location of the shoreline
do not require title interest in State lands. Such vegetation, if existing;
activities may include, but are not limited to, 4. showing the location or the proposed
endangered species, rookery, preserve, sanctuary structures and any existing structures;
protection, and management of educational, 5. showing the applicant's upland parcel
recreational, or scientific Study areas. property lines; and,
(c) Grandfather structure registration - is 6. showinq the primary navigation channels or
required for: direction to the center of the afferted waterbody.
1. Docks, piers and other Such structures on (g) If dredging is proposed an estimate of the
sovereignty lands in existence prior to March 10, number or cubic yards of sovereignty materials to be
1970 which do not now have a lease but would removed showing how the amount was calculated .
require a lease pursuant to Section Specific Authority 253.03(7) FS. Law Implemented
16Q-21.05(l)(b), Florida Administrative Code. 253.03, 253.12, 253.77 FSHistory -News- 3-27-82.
2. Docks, piers and other such structures which
were approved by the Board or department between 16Q-21.0q8. Applications for Lease.
March 10, 1970 and March 27, 1982 which would Applications for leases are divided into four
now require a lease pursuant to Section categories. All leases, except aquaculture, oil and
16Q-21.05(1)(b), Florida Administrative Code. gas, and dead shell mining, are handled under the
(2) All requests for purchases, disclaimers, and standard lease provisions.
quitclaims soverignty lands shall be processed in (1) Standard Lease
accordance with Rules 160-21.13, 160-21.14, and (a) Applications for standard leases shall
16Q-21.15,Florida Administrative Code, include the following:
respectively. 1. Name, address and telephone number of,
(3) All requests for sales, exchanges, leases, and applicant and applicant's authorized agent, if
private bridge or road, casements on sovereignty applicable.
lands shall be procssed in accordance with the 2. Location of the proposed activity Including:
notice and hearing requirements of Section 253.115, county; section, township , and range; affected
Florida Statutes. waterbody; and a vicinity map, preferably a
Specufic Authority 253.03(7)FS. Law Implemented reproduction of the appropriate portion of United
253.03, 177.27 FS. History-New 9-26-77, Formerly States Geological Survey quadrangle mar).
16C.12.01, 16Q-17.01, Amended 3-27-82, 8-1-83. 3. Satisfactory evidence of title in applicant's
16Q-21.06 Applications - General riparian upland property.

Information. 4. Two prints of a survey prepared, signed, and
(1) Most activities on sovereignty lands will also scaled by a person properly licensed by the Florida
State Board of Land Surveyors with the following
require a permit from the Department of requirements:
Environmental Regulation. Much of the i. utilizing an appropriate scale on 8 1/2" X
information required for applications under this 11" size paper (unless a larger size is necessary to
rule has been intentionally designed to be identical
to information required for the Department of provide sufficient clarity and detail);
Environmental Regulation permit applications. ii. showing the line of ordinary or mean high
water;
Therefore, if a Department of Environmental iii. showing,the location of the shoreline
Regulation permit is also required. a copy of the
application on file with the Deparment of vegetation, if existing;
iv. showing the location of the proposed
Environmental Regulation will satisfy many of the

structures and any existing structures,
v. showing the applicants upland parcel such activities;
property lines; 5. Statement evidencing that the lease is in the
vi. showing the primary navigation channels or public interest;
direction to the center Of the affected waterbody; 6. Names and addresses, as shown on the latest
and, county tax assessment roll, of each owner of
vii. including a legal description of preempted property lying within 1,000 feet of the parrel
area to be leased (see definition, Rule 16Q-21.03 sought, certified by the county property appraiser;
(25), Florida Administrative Code). 7. Statement of the impact of the proposed use of
5. A list of names and addresses of all property the parcel sought on the ecology of the area; and
owners within a 1,000 foot radius of the proposed 8. A S200 non-refundable processing fee.
lease area, verified by the County Property (b) If the board determines to lease the parcel
Appraiser's Office, that these names came from the sougt, the lease shall be by competitive bid. The
latest tax assessment rolls. The names and addresses department shall cause notice of such lease to be
shall be clearly typed and acceptable to the published in a newspaper in the county in which the
department, preferably on labels suitable for parcel is situated once a week for four consecutive
mailing. weeks. A copy of the notice shall also be sent to the
6. Current local zoning and status of any local county commission. Such notice shall contain the
government approvals necessary for activities. following:
7. Florida Department of Revenue registration 1. Legal description and acreage of parcel
number. Leases without sales tax exemption sought;
certificate shall be subject to the Florida State sales 2. Terms of the lease acceptable to the board;
tax. 3. Deadline, time, and date, for the receipt of all
8. A $200.00 non-refundable processing fee. bids;
9. Computation of lease fee including the total 4. Address to which all bids shall be sent; and
square footage of preempted sovereignty land to be 5. The date, time, and place of the opening of
leased (see Rule 16Q-21.11(1) and definition, Rule bids.
16Q-21.03(25), Florida Administrative Code). (c) Competitive bids for aquaculture leases shall
10. If dredging is proposed, an estimate of the be written offers of a cash consideration which shall
number of cubic yards of sovereignty materials to be include the advertised fee for the First least year, the
removed showing how the amount was Calculated. amount offered above such fee for said First year
(b) Terms and conditions shall include but not being a competitive bid. Thc cash consideration
be limited to the following: offered shall accompany the written offer and shall
1. Initial payment of annual lease fee shall be be returned to the unsuccessful bidders either upon
made within 90 days of lease approval by the Board. award of the lease or upon rejection of all bids.
A validated lease will be transmitted to the (d) A lease shall not be approved by the board
applicant upon receipt of initial payment and when a resolution of objection, adopted by a
acknowledgment of issuance of the Department of majority of the county commissioners of the county
Environmental Regulation permit, where in which the parcel sought is situated, has been filed
applicable. with the department within 30 days of the date of
2. Leases shall be for a term of up to 25 years and first publication of the notice of lease.
renewable at the option of the board. Leases shall (c) A lease shall not be approved for a parcel
include provisions for lease fee adjustments and larger than the applicant can utilize efficiently;
payments annually. however, the board may reserve a reasonable
3. All leases shall be assignable, in whole or in amount of submerged land adjacent to a parcel
part, upon the approval of the board. under experimental lease for the lessee, when
Non-compliance with any term of an executed lease beginning operation under a commercial lease.
may be grounds for cancellation of the lease. (1) Each lease shall contain the following:
4. Upon expiration or cancellation of a lease, the 1. The term of the lease which shall not exceed
lessee shall remove all structures and equipment 10 years;
from the leased area within 180 days after such 2. The amount of fee per acre leased to be paid
expiration or cancellation, at the option of the on or before January 1 each year which shall take
board. If the lessee fails to remove the structures and the form of:
equipment thereon, the board shall at its option and - i. Fixed fee to be paid throughout the term of the
after 10 days from receipt of written notice by lease; or
certified mail to the lessee, have the structures and ii. Basic fee to be paid throughout the term of the
equipment removed at the expense of the lessee. lease plus royalies based upon the productivity of
(2) Aquaculture Lease the aquaculture after the first year;
(a) Applications for aquaculture leases shall 3. The disposition to be made of all
include the following: improvements and animal and plant life upon the
1. Name and address of the applicant; termination or cancellation of the lease.
2. Legal description and acreage of the parcel 4. The right to assignment, in whole or in part.
sought; upon the approval of the board.
3. Two prints of a survey of the parcel sought (g) Failure to perform the aquaculture activities
prepared, signed, and sealed by a person properly for which the lease was granted shall be grounds for
licensed by the Florida State Board of Land cancellation of the lease and forfeiture to the State of
Surveyors or an agent of the federal government Florida of all the work, improvements, animal and
acceptable to the department; plant life in and upon the parcel leased. In addition,
4. Description of the aquaculture activities to be a surety bond is required.
conducted, including whether such activities are to (h) The parcel leased shall be identified, well
be experimental or commercial, and an assessment marked, and shall have, except when, it will

interfere with the development of the animal and (d) Two copies of a dimensioned site plan
plant life being cultivated by the lessee, reasonable drawing(s) with the following requirements:
public access for boating, swimming and fishing. 1. Utilizing an appropriate scale on 8 1/2' X
All limitations on the public use of the parcel leased 11'size paper;
as set forth in the lease shall be clearly posted in 2. Showing the approximate waters edge;
conspicuous places by the lessee. Each parcel leased 3. SHowing the location of the grandfathered
shall be marked in compliance with the rules and structures;
regulations of the Department, U. S. Coast Guard, 4. Showing the applicant's upland parcel
and U. S. Army Corps of Engineers. property lines;
(3) Oil and Gas Lease (c) Dated aerial photography, previously issued
(a) Applications for nominations for the lease of permits or authorizations, or other satisfactory
sovereignty lands in which the State of Florida holds information which verifies that the structures
an interest in the petroleum or petroleum products qualify as grandqfathered structures.
shall include the following: (1) A S200.00 non-refundable processing and
I .Name and address of the applicant or registration fee.
nominee; Specific Authority 253.03(7) FS. Law Implemented
2. Legal description of the parcel sought 253.03, 253.71 FS. History--New 8-1-83.
including the surface acreage; this description may
16Q-21.09 Applications for Public
utilize the submerged land blocks approved by the Easement.
board on March 17, 1981; (1) Applications for casements across
3. Identification of the state agency vested with sovereignty land for public purposes such as
the ownership of the petroleum products; utilities, bridges, and roads, shall include the
4. Percentage of the petroleum interests held by
the state: following:
5. Identification of any municipal corporation in (a) Name, address, and telephone number of
which all or part of the parcel sought is located or applicant and applicant's authorized agent;
Within 10 miles thereof; (b) Location of the proposed activity including:
6. Identification of any improved beach outside a county; section, township and range; affected
waterbody; and a vicinity map, preferably a
municipal corporation or lands in the tidal waters of
the State of Florida abutting on or immediately reproduction of the appropriate portion of a United
States Geological Survey Quadrangle Map;
adjacent to any improved beach in which or part of
(c) Satisfactory evidence of title or extent of
the parcel sought is located or within 3 miles thereof;
and interest Of the applicant to the riparian uplands or
7. A S200 non-refundable processing fee. consent of upland owners for proposed use; . -
I (d) A detailed statement of proposed use. If the
(b) Competitive bids for oil and gas leases shall applicant is a local governing body, the request shall
be written offers of a cash consideration including be by official resolution;
the advertised fee for the first lease year, the amount (e) Two prints of a survey prepared, signed, and
offered abovd said fee being the competitive bid. The sealed by a person properly licensed by the Florida
cash consideration offered shall accompany the State Board of Land Surveyors meeting the
written offer by certified or cashier's check made following requirements:
payable to the department and shall be returned to 1. utilizing an appropriate scale on 8 1/2' X
the unsuccessful bidder upon award or the lease or 11'size paper;
upon rejection of any and all bids. All bids must
contain a certified statement as to the bidder's state 2. showing boundaries of the parcel sought;
least holdings pursuant to Section 253.512, Florida 3. showing ownership lines of the riparian
Statutes. uplands;
(4) Dead Shell Lease 4. showing the line of ordinary or mean high
water;
Applications for leases to remove dead shells
shall be submitted to and processed by the Division 5. showing the location of the shoreline
vegetation, if existing;
of Marine Resources of the Department. The 6. showing the location or any proposed or
issuance of all such leases is subject to approval by existing structures; and,
tthe board. 7. including a legal description and acreage of
Specific Authority 253.03(7). 253.73 FS. Law
Implemented 253.03. 253.12. 253.115. 253.47. the parcel sought;
2253.67_75. 370.16 FS. History--New 12-20-78. (1) Written comments from the Department of
Formerly 16C-12.14, 16Q-17.14, Amended 3-27-82, Environmental Regulation, when applicable, in the
8-1-83. form of:
1. permit appraisal or biological assessment;
16Q-21.081 Applications for Grandfather and,
Structure Registration. 2. letter or Intent, if issued;
(1) Applications for grandfather structure (g) A S200.00 non-refundable processing fee.
registration shall include the following: The processing fee may be waived for state agencies
(a) Name, address and telephone number of established pursuant to Chapter 20, Florida
applicant and applicant's authorized agent, if Statutes, and local governments; and,
applicable. (h) If dredging is proposed, an estimate of the
(b) Location of the proposed activity including; number of cubic yards of sovereignty material to be
county; section, township and range; affected removed showing how the amount was calculated.
waterbody; and a vicinity map, preferably a (2) All casements across sovereignty lands shall
reproduction of the appropriate portion of United be subject to reverier upon failure of the applicants
States Geological Survey quadrangle map. to use the parcels sought as proposed in the
(c) Satisfactory evidence of in applicant's applications.
riparian upland property.

to the life of the proposed project or amortization of Within 90 days after receipt of notification that the
the improvements. easement has been granted by the board or the
Specific Authority 253.03(7) FS. Law Implemented granting of the casement shall be invalid.
253.03. 253.12 FS. History--New 9-26-77, Formerly (3) All casements across sovereignty lands shall
16C-12.09 and 6Q-17.09, Revised 3-27-82. be subject to reverter upon failure of the applicant to
16Q-21.10 Applications for Private use the parcels sought as proposed in the
Easement applications.
(1) Applications for casements across (4) The terms of all the casements shall be
sovereignty lands for private purposes shall include limited to a reasonable period of time related to the
the following: life of the proposed project or authorization of the
(a) Name, address and telephone number of improvements.
applicant and applicant's authorized agent; Specific Authority 253.03(7) FS. Law Implemented
253.03, 253.12 FS. History--New 12-20-78. Formerly
(b) Location of the proposed activity including: 16C-12.10 and 16Q-17.10. Revised 3-27-82.
county; section, township and range; affected
waterbody; and a vicinity map, preferably a 16Q-21.11 Payments and Fees for Standard
reproduction of the appropriate portion or a United Leases, Easements, and Severed Dredge
States Geological Survey Quadrangle map; Materials.
(c) Satisfactory evidence of title or extent of (1) Standard Leases
interest of the applicant to the riparian uplands or (a) The annual lease fee shall be computed at a
consent of upland owners for proposed use; base rate of SO.065 per square foot.
(d) A detailed statement for proposed use; (b) There shall be a discount of 30 percent per
(e) A statement evidencing that the casement square foot per year for all leases that are open to the
sought is in the public interest; public on a first come, first served basis. Marinas
(1) Two prints of a survey prepared, signed, and constructed in conjunction with owner occupied
scaled by a person properly licensed by the Florida multi-family residential buildings, shall be
State Board of Land Surveyors meeting the considered open to the public on a first come, first
following requirements: serve basis if no less than 50 percent of its berths are
1. utilizing an appropriate scale on 8 1/2' X made available to the general public on a rental
11'size paper (unless a larger size is necessary to basis.
provide sufficient clarity and detail); (c) An additional 20% or the lease fee shall be
2. showing boundaries of the parcel sought; charged for the first annual fee on all leases.
3. showing ownership lines of the riparian (d) The per square foot base rate shall be revised
uplands; March 1 of each year and increased or decreased
4. showing the line of ordinary or mean high based on the Consumer Price Index-All Items
water; pursuant to paragraph (1) below.
5. showing the location of the shoreline (e) The rate for all new leases shall be
vegetation, if existing; determined according to the appropriate base rate
6. showing the location of any proposed or schedule for the year in which the lease is granted.
existing structures; and, (f) The rate charged for individual leases shall
7. Including a legal description and acreage of be adjusted annually based upon the average
the parcel sought. increase in the Consumer Price Index-All Items for
(g) Written comments from the Department of the previous five years with a 10% cap.
Environmental Regulation, when applicable, in the (g) A-rate of two times the existing rate shall be
form of: applied to aquatic preserve leases where 75% or
1. permit appraisal or biological assessment; more of the subject lease shoreline and the adjacent
and, 1,000 feet on both sides of the lease area is in a
2. letter of intent, if issued; natural, unbulkheaded, nonseawalled or
(h) A list of names and addresses of all property nonriprapped condition. A rate of up to three times
owners within a 1,0OO foot radius of the proposed the base rate may be used in Class 1 or 2 Resource
casement area, verified by the County Property Protection Areas as designated in an aquatir
Appraiser's Office that these names came from the preserve management plan adopted by the board.
latest tax assessment rolls. Thc names and addresses (h) Nonwater dependent uses shall be assessed a
shall be clearly typed and acceptable to- the fee that is ten times the appropriate base rate or a fee
Department, preferably on labels suitable for calculated by multiplying the square footage of the
mailing; preempted area times the appraised per square foot
(i) A S200.00, non-refundabele processing fee, value of the unimproved adjacent upland property
(j) If dredging is proposed, an estimate of the times ten per cent, whichever is greater. The fees
number of cubic yards of sovereignty material to be shall be adjusted annually pursuant to either
removed showing how the amount was calculated; 16Q-21.11(1)(d) or the revised annual assessed
(k) If the application is for an casement of right- value as appropriate. Grandfather nonwater
of-way for private access from a public road to lands dependent uses shall be treated as water dependent
of the applicant, proof of approval from the agency uses when grandfather status is lost; for any reason*
having Jurisdiction over the public road; and, (i) There shall be a minimum annual fee of
(l) Payment for the value of the casement in the $225.00.
amount stated on an appraisal performed by an (j) Waivers, partial waivers, or exclusions from
independent appraisal firm contracted by . the payment of the lease fees for government, research,
applicant and approved by the department. educational or charitable, organizations may be
(2) Applications shall be granted upon such granted by the Board in the event that the proposed
terms and conditions, including payment of the uses are in the public interest.
value of the casement, if any. that the board sees fit. (k) If a facility occupies sovereign submerged

Ianos portions of which are example by virtue of grandfathered status and portions of 2. it is affimatively demonstrated that the
which are leased, and grandfathered status is lost, severed dredge material has no economic value.
the lease fee and rate schedule for the entire Specific Authority 253.O3(7) FS. Law implemcnted
property shall be the appropriate base rate at the 253.03, 253.71 FS. History-New 3-27-82. Amended
time the renegotiated lease is executed. 5-18-82, 8-1-83.
(1) There shall be an assessment for prior 16Q-21.12 Spoil Wands.
unauthorized use of sovereignty land for (1) No spoil islands shall be developed except
after-the-fact lease applications. The minimum upon a clear showing that the development is in the
assessment for such applications shall include: public interest and hardship would result if the
1. Payment of retroactive lease fees; development was not authorized.
2. Payment of an assessment computed as the (2) Proposals for public development of spoil
number of square feet in the lease area times the islands may be authorized after comments have been
lease fee per square foot at the time construction was solicited and received from the appropriate public
commenced times ten; and, agencies determining that the public interest would
3. Payment of an additional annual percentage be served by the development.
on retroactive lease fees and on the assessment (3) Unauthorized structures that have been
calculated under 2., computed at a rate of 12%. Such constructed on spoil islands shall he removed. The
rate shall be adjusted annually to a rate equal to the procedure for removal shall he as follows:
two percentage points above the Federal Reserve (a) The individual claiming a possessory interest
Bank discount rate to member banks. in any structure shall be served notice by certified
(m) Any grandfather structures which are not mail that he is trespassing and that he must remove
registered according to this rule shall lose any the structure within 120 days of receipt of the notice.
grandfathered rights. (b) If the individual falls or refuses to remove the
(n) Any grandfather structures which are not structure within 120 days of receipt of the notice, the
registered according to this rule shall be considered board shall have the structure removed at the
a prior unauthorized use as of June 30, 1984, and individual's expense.
may be treated according to the provisions of this (c) If the individual cannot be located, notice of
section. trespass and intent to remove the structure shall be
(o) The board may, at its discretion, consider posted on the structure for 120 days prior to
equities and particular circumstances on a case by removal.
case basis to determine whether an adjustment of the (4) Continuing human habitation of any spoil
assessment provisions set forth in (1) above would be islands is prohibited.
warranted and may increase or lower the Specific Authority 253.01(7) FS. Law Implemented
assessment accordingly. 253.03, 253.115 FS History -New 9-20-77, Formerly
(2) Private Easments 16C-12.05 and 16Q-17.05, Revised 3-27-82.
(a) The fee for private easements shall be 16Q-21.13 Applications to Purchase Lands
determined by an appraisal obtained by the
applicant. The appraiser must be selected from the Riparian to Uplands.
(1) Applications to purchase lands ripirian to
division's approved list of appraisers and the uplands may be made by the riparian owners only.
appraisal must be reviewed and approved by the
division. The board reserves the right to reject any and all
(b) In addition to standard appraisal such applications. The following shall be included
requirements and procedures, the following factors in each application:
shall be considered in determining the easement fee: (a) Name and address of the applicant;
1. the extent to which the easement is (b) Two prints of a survey prepared, signed, and
exclusionary; i.e., the degree to which the proposed sealed by a person properly licensed by the State of
easment precludes, in whole or in part, traditional Florida Board or Land Surveyors or an agent of the
or future public uses of the easement area or other federal government approved by the depament
submerged land; and clearly showing:
2. the enhanced property value or profit gained 1. the boundaries of the parrel sought;
2. land tie referred, by ground survey, to an
by the applicant if the proposed easement is
approved. established accessible section corner, subsection
(3) Severed Dredge Materials corner, other U.S. Government Land Office survey
(a) When an activity involves the removal of corner, or other controlling corner(s);
3. boundary lines of the applicant's adjacent
sovereignty materials to upland property by uplands;
dredging or any other means, payment per cubic
yard of materials shall be as follows: 4. existing mean high water line, surveyed and
1. Monroe County $3.25 approved in acorordance with Chapter 177, Part II,
2. Bay, Brevard,Broward, Charllotte, Florida Statutes, between the applicant's uplands
Collier, Dade, Duval,Escambia, Lee, and the parrel sought extending 1,000 feet from
Manatee, Palm Beach, Pasco, Pinellas both sides of the parcel;
and Sarasota Counties $2.25 5. U.S. Government Land 0ffice meander line.
(c)Five maps, no larger than 8 1/2' X 14' in
3. All other counties $1.25
4. Minimum payment $50.00 size, showing the location of the parcel sought for
(h) These payments shall not be used for dead purchase. These maps need not be certified;
shell and mining leases which will be subject to (d) Legal description and acreage of the filled
individual royalty or other compensation payments. parcel.
(r) A waiver of the severed dredged material (c) Aeial photograph showing the date of light,
payment may be requested and approved when: if available,with the parcel sought identified thereon:

with any dedication data. if the applicant's uplands federal government acceptable to department
are part of the subdivision; clearly Showing:
(g) Satisfactory evidence of title in the applicant 1. present mean high waterline, surveyed and
to the riparian uplands; approved In accordance with Chapter 177, Part 11,
(h) Statement of the applicant's proposed use of Florida Statutes;
the parcel sought; 2. applicant's ownership to the former mean
(i) Statement evidencing that the sale or the high water fine shown or indicated;
parcel is in the public interest;
(j) Names and addresses, as shown on the latest 3. U. S. Government Land Office meander line: and -
county tax assessment roll, of all owners of the land 4. traverse of fill, showing the location of the
lying within 1,000 feet of the parcel sought, certified former mean high water line. which is properly
by the county appraiser; and riparian to the applicant's uplands, with a Land tie to
(k) An appraisal of the current market value of an established accessible, section corner, subsection
the parcel sought made within 3 months after the corner, other U. S. Government Land Office Survey
date of application by an appraiser with corner, or other controlling corner(s);
designations acceptable to the department. (c) Five maps, no larger than 8 1/2" X 14" in
(1) A non- refundable processing fee of $200 shall size, showing the location of the parcel sought. The
accompany each application, except for applications maps need not be certified;
from state agencies. (d) legal description and arrange of the filled
(2) If the parcel sought is located in Pinellas or Parcel;
Sarasota County, the applicant shall (e) Aerial photograph showing the date or flight.
simultaneously file an application with the if available, evidencing the date of filling:
respective water and navigation control authority (1) Satisfactory evidence of title in the applicant
been filled without authority after June 11, 1957. to the riparian uplands to the mean high water line
(state-owned submerged lands filled before June as it existed prior to filling:
11. 1957 are addressed in Rules 16Q-21.14 and (g) Two affidavits excuted by disinterrested
16Q-21,15, Florida Administrative Code), the parties evidencing the date, as accurately as possible
board, by law may: personal knowlege, when the filling of the parcel sought was completed
(a) Direct the fill be removed by or at the (h) Copy of the U. S Army Corps of Engineers permit issued prior
expense of the applicant; to May 29,1951 (June 11,1957 in Dade and Palm Beach Counties) authorizing
(b) Direct the fill remain as state-owned and the fill, if applicable; and
have it surveyed at the expense of the applicant; or (i) A non- refundable processing fee of $200 shall
(c) Sell the filled lands. The following sale prices accompany each application, except for applications
shall be recommended by the department to the from state agencies.
board: Specific Authority 253037 FS Law Implemented
1. One and one-half times the present appraised 253.12, 253.129 FS.History New v-26-77. Formerly
value of the lands excluding building improvements 16C-12.06 and 16Q-17.06. Revised .3-27-82.
applicant's predecessor in title between June 11, 16Q-21.15 Quitclaims to Clear Title to Filled
Formerly Sovereignty Lands.
1957 and July 14, 1967. (1) Applications for quitclaim deeds to clear title
2. Two times the present appraised value of the to sovereignty lands filled after May 29, 1951, but
lands excluding building improvements if the prior to June 11, 1957 (except in Dade and Palm
unauthorized filling was done by the applicant's Beach Counties) or subsequent to these dates under
predecessor in title after July 14, 1967. authority of a U. S. Army Corps of Engineers
3. Three times the present appraised value of the permit issued prior to these dates, must be
lands excluding building improvements if the supported by documentary evidence acceptable to
unauthorized filling was done by the applicant after the department and including the following:
June 11, 1957. (a) Name and address of the applicant:
(4) Full payment for the deed shall be made (b) Two prints of a survey preparred, signed, and
within 90 days after notification of confirmation of scaled by a person properly licensed by the Florida
the sale by the board or the sale shall be invalid. State Board or Land Surveyors or an agent of the
Specific Authority 253.03, 253.12, 370.021 FS. Law federal government acceptable to the department
Implemented 253.115, 253.12 FS. History--New clearly showing:
9.26.77. Formerly 16C-12.04 and 16Q-17.04. Revised
3-27-82. 1. present mean high water fine surveyed and
approved in accordance with Chapter i 77 Part 11,
160-21.14 Diqsclaimers to Confirm Title to Florida Statutes;
Filled Formerly Sovereignty Lands. 2. applicant's ownership to the mean high water
(1) Applications for disclaimers to confirm title line prior to filling;
of formerly sovereignty lands filled prior to May 29, 3. U. S. Government Land Office Meander line;
1951 (prior to June 11, 1957 in Dade and Palm and,
Beach Counties), or subsequent to these dates under 4. traverse of fill, showing the location of the
authority of a U. S. Army Corps of Engineers former mean high water line. which is properly
permit issued prior to these dates, must be riparian to the applicant's upland ownership, with
supported by documentary evidence acceptable to a tie to an established accessible section corner,
the department including the following:
subsection corner, other U. S. (qovernment Land
(a) Name and address of the applicant: Office survey corner, or other controlling corner(s);
(b) Two prints of a survey prepared, signed (c) Five maps, no larger than 8 1/2' X 14' in
scaled by a person properly licensed by thc Florida size, showing the location of the parcel sought. The

maps need not be certified; 1. current title insurance policy issued by a title
(d) Legal description and acreage of the filled insurance company authorized to do business in
parcel; Florida; or
(e) Aerial photograph showing the date of night, 2. opinion of title prepared by a member of the
if available, and showing the land as it existed prior Florida Bar; or
to and after the filling; 3. affidavit of ownership;
(f) Satisfactory evidence of title in the applicant (c) A survey prepared, signed, and scaled by a
to the riparian uplands; registered land surveyor showing the applicant's
(g) Two affidavits executed by disinterested upland, U. S. Meander survey line, the
parties evidencing the date, as accurately as possible approximate original mean high water line and the
from personal knowledge, of commencement and existing approximate mean high water line, and a
completion of the fill; traverse showing the location of the former mean
(h) Copy of a U. S. Army Corps of Engineers high water line which is properly riparian to the
permit issued after May 29, 1951, but prior to June applicant's uplands with a land tie to an established
11, 1957, authorizing the fill, if applicable; and, reference point;
(i) A non-refundable processing fee of $200 shall (d) Legal description as shown by original
accompany each application, except for applications survey which shall include the area to be reclaimed;
from state agencies. (e) Copy of a recorded subdivision plat showing
(2) The consideration for the parcel sought shall the original recorded shoreline If the applicant's
be the appraised value of the parcel in its unfilled upland is part of a subdivision, or a copy of a map
state prior to June 11, 1957. The appraisal of the taken from an R. E. D. 1. Real Estate Atlas map
parcel shall be made within 3 months after the date showing ownership lines and shorelines;
of application by an appraiser with designations (f) Statement of proposed methods of reclaiming
acceptable to the department. the subject lost lands, if not indicated in an attached
(3) Full payment for the deed shall be made Department of Environmental Regulation permit
within 90 days after notification of confirmation of application;
the conveyance by the board or the conveyance shall (g) Two affidavits executed by disinterested
be invalid. parties evidencing the manner, as accurately as
Specific Authority 253.03(7) FS. Law Implemented possible from personal knowledge, that the loss of
253.12 FS. History-New 9-26-77, Formerly 16C-12.07 land occurred by avulsion (storms, hurricanes),
and 16Q-17.07, Revised 3-27-82. artificial erosion (caused by the emplacement of
16Q-21.16 Applications to Reclaim Lands bulkheads, jetties and other structures), dredging, or
Lost Due to Avulsion or artificial Erosion artificial land cutting of uplands; and
(1) Applications to reclaim lost lands as defined h) Accurate aerial photographs showing the
in Section 253.124(8), Florida Statutes, may be date of flight evidencing the location and
submitted only by the riparian upland owner or the configuration of the original shoreline before and
legally authorized agent thereof. after avulsion or artificial erosion. Suggested
(2) Applications to reclaim lands lost, due to sources: local tax assessor's office, local offices of the
avulsion or artificial erosion shall include the State Departments of Transportation and
following: Agriculture and Consumer Services, and local
(a) Name and address or applicant; offices of the U. S. Army Corps of Engineers.
(b) Satisfactory evidence of title in the applicant Specific Authority 2.53.03(7) FS. Law Implemented
to the existing upland, such as: 253.03, 253.12 FS. History-New 3-27-82.

Appendix D.

1976 SUPPLEMENT TO FLORIDA STATUTES 1975 s.258.39

(30) Wekiva River Aquatic Preserve the bounda-
ries of which are generally; All the state-owned sove-
reignty lands lying waterward of the ordinary high
water mark of the Wekiva River and the Little Weki-
%it River and their tributaries lying and being in
Lake Seminole and Orange counties and f. I lot I.
singularly described as follows.
{a) In Sections 15,,16,17,20,21,22,27,28,29, and
30. Township 20 South, Range 29 East. These sec
tions are also depicted on the Forest City Quadran-
gle (U.S.G.S. 7.5 minute series topographic) 1959
(70PR) and (e) All state-owned sovereigniy lands, public
(b) IN Sections 3, 4,8,9 and 10, Township 20 lands, and lands whether public or private below the
South. Range 29 East and in Sections 21,28 and 33, ordinary high water mark or the Wekiva River and
Township 19 South. Range 29 East lying north of the the Little Wekiva River and their tributaries within
right-of-way for the Atlantic Caoast LIne Railroad the Peter Miranda Grant lying east or the Wekiva
and that part of section 33. Township 19 South. River, less the following:
Range 29 East lying between the Lake and Orange 1. State Road 46 and all land lying south of said
County lines and the right- of-way of the Atlantic State Road No. 46 and all land lying south of said
Coast Line Railroad. These sections are a1so depicted State Road No. 46.
on the Sanford SW Quadrangle (U.S.G.S. 7.5 minute 2. Beginning 15.56 chains West of the Southeast series-topogaphic) 1965 (70.1): and
corner of the SW 1/4 of the NE 1/4 of Section 21, Town-
(c) All state-owned sovereignly lands, public
lands, and lands whether public or private below the ship 19 South. Range 29 East, run east 600 feet;
ordinary high water mark or the Wekiva River and thence north 960 feet; thence west 340 feet to the
the Little Wakiva and their tributaries within the Wekiva River,thence southwesterly along said
Peter Miranda Grant in Luke County lying below Wekiva River to point of beginning.
the 10 foot m.s.l. contour line nearest the meander 3. That part of the east 1/4 of the SW of Section
line of the Wekiva River and all state-owned sove- 22. Township 19 South, Range 29 East, lying within
reignty lands, public lands, and lands whether pub- the Peter Miranda Grant east of the Wekiva River.
lic or private below the ordinary high water mark of (31) Rookery Bay Aquatic Preserve, the bounds-
the Wekiva River and the Little Wekiva and their ries or which are generally: All of the state owned
tributaries within the Moses E. Levy Grant in Lake sovereignty lands lying waterward of the mean high
County below the 10 foot m.s.l. contour line nearest water line in Rookery Bay and in Henderson Creek
the meander lines or the Wekiva River and Black and the tributaries thereto in Collier County, Flori-
Water Creek as depicted on the PINE LAKES 1962 da. Said lands being more particularly described as
(70.1), ORANGE CITY 1964 (70PR), SANFORD 1965 lying and being in Sections 1, 2,11,12 and 13, Town-
(70-1), and SANFORD S.W. 1965 (70.1) QUADRAN- ship 51 South, Range 25 East and in Sections 7, 8, 9,
GLES (U.S.G.S. 7.5 minute topographic): and 16, 17, 18, 19 and 20, Township 51 South, Range 26
(d) All state-owned sovereignty lands, public East, Collier County, Florida.
lands, and lands whether public or private below the
ordinary high water mark of the Wekiva River and Any and all submerged lands theretofore conveyed
the Little Wekiva. River and their tributaries lying by the Trustees of the Internal Improvement Trust
below the 10 foot m.s.l. contour line nearest the me-
ander line of the Wekiva and St. John's Rivers as Fund and any and all uplands now in private owner-
shown on the ORANGE CITY 1964 (70PR). SAN- ship are specifically exempted from this dedication.
FORD 1965 (70.1), and SANFORD S.W. 1965 (70-1)
QUADRANGLES (U.S.G.S. 7.5 minute topographic)
within the following described property. Beginning
at a point on the south boundary of the Moses E.
Levy Grant, Township 19 South, Range 29 East, at
its intersection with the meander line of the Wekiva
River; thence south 601/2 degrees east: along said
boundary line 4935.68 feet; thence north 291/2 de-
grees east 15.516.5 feet to the meander line of the St.
John's River; thence northerly along the meander
line of the St. John's River to the mouth of the Weki-
va River: thence southerly along the meander line of
the Wekiva River to the beginning; and

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