Rainbow Springs aquatic preserves management plan draft

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

RAINBOW SPRINGS

AQUATIC PRESERVES MANAGEMENT PLAN

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91.75 December 1989
T441
16
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DEPARTMENT OF NATURAL RESOURCES

RAINBOW SPRINGS

AQUATIC PRESERVE MANAGEMENT PLAN

(DRAFT)

DECEMBER 1989

Tom Gardner

Executive Director

Department of Natural Resources

This plan was prepared by

The Division of State Lands

Funds for this management plan were provided by the Department of
Environmental Regulation, Office of Coastal Management using funds
made available through the National Oceanic and Atmospheric
Administration under the Coastal Zone Management Act of 1972, as
amended.

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TABLE OF CONTENTS

CHAPTER I INTRODUCTION ...............................

CHAPTER II MANAGEMENT AUTHORITY
A. Statutory Authority ............. 9
B. Administrative Rules ........... oo ........ 10
C. Relationship to other Applicable Plans
and Programs ....................... o ..... 13

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location/Boundary ........................ 15
B. Physiography/Geology ..................... 15
C. Hydrology.. ... oo ......................... 15
D. Water Quality ................... o..... -19
E. Predominant Vegetation Species and
Community Types ..... ; ........... o........ 21
F. Predominant Fish and Wildlife Species and
Their Habitats..... ...o .................. 25
G. Designated Species .............. o........ 25
H. Cultural Resources ....................... 26
I. Regional Land Use, Development & Associated
Impacts... ......................... o ..... 27

CHAPTER IV MANAGEMENT AREAS
A. Introduction ............................. 31
1. Definition
2. Use Designations
3. Management Area Criteria
4. Rational for Specific Criteria
B. Management Areas ................ o........ 33

CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES & NEEDS
A. Management Issues and Special Needs ...... 41
B. Policy Directives ........ ....... ....... 45

CHAPTER VI MANAGEMENT ACTION PLAN
A. Resource Management ...................... 51
B. Resource Protection ...................... 53
C. Research ................................. 55
D. Environmental Education .................. 55

CHAPTER VII MANAGEMENT COORDINATION NETWORK
A. Federal Agencies ......................... 57
B. State Agencies ........................... 58
C. Regional Agencies ........................ 61
D. Local Governments ........................ 62

CHAPTER VIII STAFFING AND FISCAL NEEDS .................... 65

CHAPTER IX RESOURCE: 1, ACTIVITY MONITORING PROG
A. Resource Monitoring ........................ 69
B. Activity Monitoring ....................... 70
C. Accomplishments & Progress Monitoring ..... 70

REFERENCES ................................... 71

LIST OF FIGURES AND TABLES

Figure 1. Florida Aquatic Preserve System .............3

Figure 2. Rainbow Springs Aquatic Pres erve ............5

Figure 3. Floridan Plateau - Ocala Uplift ............. 17

Figure 4. Vegetation Map .............................. 23

Figure 5. Adjacent Land Use Map ....................... 29

Figure 6. Management Areas ............................ 39

Figure 7. Diving Map .................................. 49

Table 1. Management Coordination Network ............. 63

Table 2. Anticipated Budget for Rainbow Springs
Aquatic Preserve ............................ 67

LIST OF APPENDICES

Appendix A. Relevant Legislation .......................... 73

Appendix B. Local Ordinances & Regulations ................ 83

Copies of the legal description of the Rainbow Springs Aquatic
Preserve, as well as, copies of chapter 253 and 258, F.S., and
Chapter 18-21, F.A.C., may be obtained from:

Bureau of Aquatic Preserves
Department of Natural Resources
3917 Commonwealth Boulevard
Mail Station 140
Tallahassee, Florida 32399-3000

CHAPTER I

INTRODUCTION

The Rainbow Springs Aquatic Preserve is located in southwest
Marion County and represents one of the 42 aquatic preserves
in Florida (figure 1). This preserve was designated by the
Florida Legislature in 1986 for the purpose of maintaining the
spring head and associated river run in an essentially natural
condition. The preserve is approximately 4,000 acres in size
and includes only the sovereignty submerged lands located
below the ordinary high waterline. The preserve is some 6
miles in length and extends from the head springs to where the
river run flows into the Withlacoochee River (figure 2).

The Rainbow Springs/River system has long been recognized as
an exceptional water resource of the State. This area
exhibits crystal clear spring waters, colorful aquatic
vegetation, and an abundance of fish and wildlife. A recent
survey estimates that roughly 220,000 people dive, swim, fish
or boat along the Rainbow springs and River annually. The
adjacent uplands are largely used for residential,
agricultural or recreational purposes. Such intense use,
confirms the need for an integrated management program by
state, regional, and local governments to accomplish a goal
of long term resource protection for the preserve.

This management plan developed for Rainbow Springs Aquatic
Preserve is only one of many steps that will be necessary to
accomplish this goal. It is intended primarily to serve as a
useful guide to the manager and others in maintaining the
natural integrity of the preserve. As more information is
learned about this preserve and ambient conditions analyzed,
management strategies outlined in this plan may need to be
adjusted.

The process of developing this management plan involved
collecting an inventory of resource information, coordinating
with other plans that have been developed for the area, and
identifying resource problems and management issues relating
to the present and future uses of the preserve and adjacent
uplands. Supporting policies were developed to be consistent
with statutory authority and the overall intent of the Aquatic
Preserve Program for helping ensure that the submerged land
resources of the spring/river run remain for future
generations to enjoy.

Despite intense use, the preserve area remains largely natural
in appearance and is in overall good condition. For

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AOUATIC PRESERVES ARE ESTABLISHED
BY THE FLORIDA LEGISLATURE AND
INCLUDE ONLY STATE OWNED
'SOVEREIGNTY SUBMERGED LAND&
THE GOVERNOR AND CABINET SITTING
AS TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS. lo@w-

FOR MORE INFORMATION REGARDING
AQUATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF STATE LANDS

BUREAU OF AOUATIC PRESERVES

3900 COMMONWEALTH BLVD
TALLAHASSEE. FLORIDA 32303
CAWID ff@ @C"CL A. KNOX
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FIGURE 1. FLORIDA AQUATIC PRESERVE SYSTEM

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LOCATION

PENSACOLA JACKSONVILLE 12 7 13 9

MIAMI 13 17

NZY WESTOV"* 22

22 23 24 19 20

RISE R19E

27 26 29

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34 35 36 31 32

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LEGEND

CCIRP@ORATE LIMITS

A0JATIC PRESERVE MAP OF
0 (LI HIGHWAY RAINBOW SPRINGS AQUATIC PRESERVE
0 STATE ROAD MARION COUNTY. FLORIDA

ESTABLISHED PURSUANT TO

SECTION 25839 FLORIDA STATUTES

PREPARED @Y C.A. KF40X 0 2
DIVISION OF STATE LANDS
19" SCAJ-E IN MILES
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FIGURE 2. RAINBOW SPRINGS AQUATIC PRESERVE BOUNDARY MAP

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this reason Rainbow Springs Aquatic Preserve will be granted
the maximum protection allowable under the rules governing the
use of the aquatic preserve.

Fourteen management plans, covering 21 of the 42 designated
aquatic preserves in the state, have been adopted by reference
into the existing aquatic preserves rule (Chapter 18-20,
Florida Administrative Code). This management plan will be
subsequently incorporated into rule following its approval by
the Board of Trustees of the Internal Improvement Trust Fund.
As such, the special criteria in this plan pertaining to use
of submerged lands will carry the same authority as current
rule criteria.

Specifically, this plan is divided into chapters according to
their management application:

Chapter II cites the statutory authorities upon which this
resource management program and plan are built.

Chapter III provides a description of the Rainbow Springs
Aquatic Preserve and details the physical and biological
components of the preserve as well as any cultural resources.
Additional information includes the current and future uses of
this preserve and use of the adjacent uplands.

Chapter IV delineates various management areas within the
preserve. These areas are defined by taking into account the
biological resources, the physical parameters, and the
aesthetic values, in conjunction with the use of the adjacent
uplands. Specific restrictive criteria are developed for each
area, along with their effects and rational.

Chapter V discusses specific needs and issues particular to
the Rainbow Springs Aquatic Preserve. Policy directives have
been developed in addressing each need and/or issue.

Chapter VI outlines site-specific goals, objectives, and tasks
required to meet the management needs of the preserve for
resource management, resource protection, research, and
environmental education.

Chapter VII identifies local, regional, state, and federal
agencies, their authorities and programs, and how they relate
and assist in protection and management of this preserve. It
also identifies non-governmental organizations, interest
groups, and individuals that can assist in management.

Chapter VIII projects future staffing and fiscal needs
necessary for providing effective management and protection
of the preserve, as well as supporting research and
environmental education.

Chapter IX outlines a monitoring program for recording and
reporting resource changes, and establishes a tracking system
for detailing the progress and accomplishments in resource
management.

CHAPTER II

MANAGEMENT AUTHORIT

A. STATUTORY AUTHORITY

The fundamental laws providing management authority f or the
Rainbow Springs Aquatic Preserve are contained in Chapters 258
and 253, -Florida Statutes (F.S.) . These statutes establish
the proprietary role,of the Governor and Cabinet, sitting as
the Board of Trustees of the Internal Improvement Trust Fund,
as Trustees over all sovereignty submerged lands. In
addition, these statutes empower the Trustees to adopt and
enforce rules and regulations for managing all sovereignty
submerged lands, including aquatic preserves.

In particular, Sections 258.35-258.42, F.S., enacted in 1975
by the Florida Legislature represent the Florida Aquatic
Preserves Act. These statutes setforth a standardized set
of management criteria for all designated aquatic preserves,
and represent the primary laws governing use of sovereignty
submerged lands within aquatic preserves.

The Legislative intent for establishing aquatic preserves is
stated in Section 258.36, F.S.: "It is the intent of the
Legislature that the state-owned submerged lands in areas
which have exceptional biological, aesthetic, and scientific
value, as hereinafter described, be set aside forever as
aquatic preserves or sanctuaries for the benefit of future
generations." This statement along with the other applicable
laws clearly mark the direction for management of aquatic
preserves. Management will emphasize the maintenance of
essentially natural conditions, and will include only
sovereign or state-owned submerged lands and lands *leased by
the State and specifically authorized for inclusion as part of
a preserve.

Management responsibilities for aquatic preserves may be
fulfilled directly by the Trustees or by staff of the Division
of State Lands of the Department of Natural Resources through
delegation of authority. Other governmental bodies may also
participate in the management of aquatic preserves under
appropriate instruments of authority issued by the Trustees.
The Division staff, however, serve as the primary managers who
implement provisions of the management plans and rules
applicable to the aquatic preserves. Staff evaluate proposed
uses or activities in the preserve, and assess the possible
impacts on the natural resources. Project reviews are
primarily evaluated in accordance with the criteria in
Sections 258.35-42 F.S., and 18-20, F.A.C., (Rules of Florida
Aquatic Preserves).

Staff comments on proposed uses are submitted for
consideration in developing recommendations to be presented
to the Trustees. This mechanism provides a basis for the
Trustees to evaluate public interest and project merits within
the context of potential environmental impacts upon the
aquatic preserves. Any activity located on sovereignty
submerged lands will require a consent of use, a lease or
easement, or other approval from the Board of Trustees.
Consent of -use may be granted on small projects from the
Division of State Lands in accordance -with the@ authority
delegated by the Board.

BACKGROUND
The laws supporting aquatic preserve management are the direct
result of the public's awareness and interest in protecting
Florida's aquatic environment. The rampant dredge and fill
activities that occured. in the late 1960's had a stimulating
effect on this widespread concern.

In 1967 the Florida Legislature passed the Randall Act
(Chapter 67-393, Laws of Florida), which established
procedures regulating previously unrestricted dredge and fill
activities on state-owned submerged lands. That same year the
legislature provided the statutory authority (Section 253.03,
F.S.) for the Trustees to exercise proprietary control over
state-owned lands. Also, in 1967, government focus on
protecting Florida's productive waterbodies from development
led to the Trustee's establishment of a moratorium on the sale
of submerged lands to private interests. In the same year, an
interagency advisory committee on submerged lands was created
to develop strategies for protection and management of state
submerged lands.

In 1968, the Florida Constitution was revised, declaring in
Article II, Section 7, the State's policy of conserving and
protecting the natural. resources and scenic beauty. That
constitutional provision also established the authority for
the legislature to enact measures for the abatement of air and
water pollution. Then, late in 1968, the committee issued a
report recommending the establishment of twenty-six aquatic
preserves.

On October 21, 1969 the Governor and Cabinet acted upon the
recommendations of the Interagency Advisory Committee and
adopted by resolution eighteen of the water bodies as aquatic
preserves. other preserves were individually adopted at
various times through 1989, including Rainbow Springs in 1986.

B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

Chapters 18-20 and 18-21, Florida Administrative Code
(F.A.C.) , are the two administrative rules directly applicable

to the uses of aquatic preserves specifically, and submerged
lands in general.

1. CHAPTER 18-20, F.A.C.

Chapter 18-20, F.A.C., specifically addresses aquatic
preserves and derives its authority from Sections 258.35,
258.36, 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 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 in 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 goals:

(a) to 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;

(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 use 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
man-made conditions towards 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 preserves;

(f) to preserve, promote, and utilize indigenous
life forms and habitats, including but not
limited to: sponges, soft coral, hard corals,
submerged grassest mangrovesl saltwater
marshes, freshwater marshes, mudflats,
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 acquire additional title interests in lands
wherever such acquisitions would serve to
protect or enhance the biological, aesthetic,
or scientific values of the preserve;

(h) to maintain those beneficial hydrologic and
biologic: functions, the benefits of which
accrue to the public at large."

2. CHAPTER 18-21, F.A.C.

Chapter 18-21, F.A.C., controls activities conducted on
sovereignty submerged lands in general and is predicated upon
the provisions of Sections 253.03 and 253.12, F.S. These
rules are supplemental to Chapter 18-20, F.A.C. in the
regulation of activities in aquatic preserves. The stated
intent of this administrative rule is:

11(i) 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 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 f or 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;

(6) to aid in the implementation of the State Lands
Management Plan."

Q. RELATIONSHIP TO OTHER APPLICABLE PLANS AND VROGRAXS

The State Comprehensive Plan, established by Chapter 187,
F.S., provides long-range policy guidance for the orderly
social, economic and physical growth of the State. As such,
the State Comprehensive Plan provides direction for the
management of the physical resources within the state.

The goals, objectives and policies set forth in this aquatic
preserve management plan are designed to be consistent with
the goals and policies of the State Comprehensive Plan
pertaining to the water resources, coastal and marine
resources and natural systems.

The Conceptual State Lands Management Plan, adopted on March
17, 1981, and amended by the Trustees on July 7, 1981 and
March 15, 1983, contain specific policies concerning spoil
islandst submerged land leases, "Outstanding Native Florida
Landscapes," unique natural features, seagrass beds,
archaeological and historical resources, and endangered
species. These policies provide some of the fundamental
direction for formulating management plans and policies of the
Aquatic Preserves Program.

The Local Government Comprehensive Plan (LGCP) for Marion
4 County is required by the Local Government Comprehensive
Planning Act of 1975 (Section 163.3161, F.S.), (as amended by
Chapter 85-55, Laws of Florida, to the Local Government
Comprehensive Planning and Land Development Regulation Act)
to have a comprehensive management plan with elements relating
to different governmental function (i.e., housing, physical
facilities, conservation, land use, coastal zone protection,
etc.). These plans, in effect, are intended to guide the
future development of the county. Recent statutory amendments

require these plans to be updated and for cities and counties
to adopt land development regulations and to conf orm. to the
criteria, policies, and practices of their comprehensive plan.

The intent of the Aquatic Preserve Program, and this plan, is
to guide county governments during their planning process,
towards developing local plan criteria and standards that will
be consistent with the objectives of the program. Marion
County's LGCP is not due for review by the state until 1991.
Currently, staff from the Rainbow River Aquatic Preserve are
working in cooperation with the Marion County Planning
Department to develop specific policies for the land use and
conservation elements reflecting the preservation of the
preserve's resources. Policy statements that are developed
and adopted by the county, and are consistant with the Aquatic
Preserve Program, will be incorporated -into this management
plan at a later date.

CHAPTER III

RESOURCE DESCRIPTION

A. LOCATIONZBOUNDARY

The Rainbow Springs Aquatic Preserve lies in the southwest
corner of Marion County northeast of the City of Dunnellon.
Also known as Blue Run, the Rainbow River serves as a
tributary to the larger Withlacoochee River upstream from Lake
Rousseau. The aquatic preserve boundary extends from the
headwaters to where the Rainbow River joins the Withlacoochee
near downtown Dunnellon, as described in Chapter 258.39 F.S.
The preserve's watershed area is bounded by the Atlantic
Coastline Railroad to the west and the abandoned Seaboard
Railroad to the east. Beginning at the headwaters pool, the
preserve includes four main spring vents with numerous smaller
spring vents occurring along the entire 5.7 mile spring run.

B. PHYSIOGRAPHY/GEOLOGY

The Rainbow River is a narrow, winding river with an average
depth of 10-12 feet and width of 150 feet. The headwaters is
composed of a semicircular spring pool with 4 main boils in
its 250 feet diameter headspring. In the headspring area the
two deepest vents are 11.6 and 14.2 feet deep. This spring
group combines with numerous other vents and sand boils in the
first 3,000 yards downstream, including the flow from Indian
Creek on the eastern side of the river. The water clarity at
the headwaters area is crystal clear but diminishes somewhat
as it moves downstream into the tea colored tannic waters of
the Withlacoochee.

The Rainbow River's spring water flow occurs as a result of
the Ocala Uplift, which is a geologic feature composed of
limestone. Generally referred to as Karst topography, this
limestone layer is prevalent throughout Marion County and in
many instances is seen exposed at the surface at some of the
larger spring vents.

Phosphate was discovered in 1890 and was mined extensively
along Rainbow River, occasionally from the river bed itself.
The last mining activity in Dunnellon took place in 1966.

C. HYDROLOGY

Of Florida's twenty seven first magnitude springs, Rainbow
springs is rated the fourth largest with an average flow of
approximately 493 million gallons per day, and an average
discharge of 100 cubic feet per second. In the first mile

downstream there are approximately eight other large spring
vents in the river bed which contribute significantly to the
total flow of the river.

Springs are visible evidence of discharge or leakage from
aquifers. The total flow of Florida's numerous springs
indicates the large capacity of the aquifer system, as well
as the cavernous nature of the Florida Aquifer. The total
discharges from spring vents forming the Rainbow River is
thought to be almost totally derived from rainfall percolating
into the aquifer from a. drainage area covering approximately
750 square miles distributed mostly north and northeast of the
springs.

The quantity of runoff received from the watershed (7.2 square
miles) is small compared with that provided by the recharge
area of the springs (estimated to be 750 square miles). Less
than 1% of the water discharged by the Rainbow River is
contributed by the topographic watershed (1987, SWIM plan).

Most of the large and many of the smaller springs in Florida
are artesian; that is, they issue from a breach in the
sediments that confine water under pressure in the aquifer.
This complex system of underlining fractures and solution
channels are comprised of limestone and dolomite, typical of
Florida's karst topography. The thickness of the upper
aquifer varies from less than 800 feet near Rainbow Springs
to greater than 1500 feet in the northeast section of the
Keystone Heights.

It has been determined that there is almost no net movement
of either surface or groundwater across the peninsular from
Cedar Key on the gulf to New Smyrna Beach on the Atlantic.
This line is known as the Florida Hydrologic Divide. The
Ocala Uplift runs diagonally across the peninsula just south
of the hydrologic divide with the potentiometric high of 85
in the recharge area located near Keystone Heights and the low
of 35 in the spring pool (see figure 3).

The water temperature of Rainbow Springs and Rainbow River is
consistently between 23 and 24 degrees Centigrade (73-74
degrees Fahrenheit). Water from the headpool is considerably
softer than water from the spring vents downstream of the
headpool.

._@L413AMA
GEORGIA

FLORIDA

309-

281-

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FIGURE 3. FLORIDAN PLATEAU-OCALA UPLIFT

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D. WATER QUALITY

The volume and quality of waters discharged from the head
springs are important to the overall health and quality of the
riverine system. The U.S. Geological Survey has monitored the
water quality of Rainbow Springs since 1927 and has rated the
headwaters as excellent. Measurements for dissolved oxygen
(DO) taken at the opening of the spring vents are consistently
high, the average being 7.2 Mg/L. The bio-chemical oxygen
demand (BOD) has been consistently 0 Mg/L.

Located approximately 800 feet inland, from the headwaters, a
90,000 GPD sewage package plant serves the Village of Rainbow
Springs development. This plant receives little inflow at
this time . An associated spray irrigation field is at 10%
capacity and at this level of operation there are no reported
impacts of this facility on the waters of the preserve.

Below the headwaters, manmade impacts on water quality are
more apparent, particularly in waste water treatment systems.
Information available on these systems is discussed below:

a) Single family homes on the west side of the preserve,
beginning approximately 2,000 feet downstream from the
headwaters extending to the Rio Vista subdivision, are served
by septic systems. Several of these are reportedly not
operating in an optimal manner and are suspect of discharge
into the river. Included in this area is the K.P. Park, a
Marion County public park leased to an individual operator.
Reportedly, both the public water system and rest rooms are
operating with an expired Department of Environmental
Regulation (DER) permit.

b) Further downstream, the Rio Vista subdivision's sewer
package plant is located in a low elevation area approximately
100 feet from the river. This plant releases its effluent
into an adjacent single percolation pond. All other
properties from this location extending downstream to the
highway 484 bridge in Dunnellon, are on septic tank systems.
It is not fully known how many of these systems are operating
properly.

c) Homes located downstream from the highway 484 bridge, are
connected to the Dunnellon sewer plant. This plant, however,
releases effluent into the Rainbow River. According to the
Department of Natural Resources this plant is currently in
.4 violation of waste water discharge and has been ordered by to
build percolation ponds and cease releasing effluent into the
river. In addition, this sewage treatment plant is reportedly
in very poor condition.

d) On the east side of the aquatic preserve, the Rainbow River
Campground has a small sewage treatment plant located adjacent
to heavily forested swampland and Indian Creek tributary. In
the past there have been breakdowns resulting in a source of
pollution to the waterbody.

e) Between the Rainbow River Campground and Sateke Village,
the waterfront land is undeveloped. The Sateke Village
development is set back 300 feet from the, waterfront and is
served by a recently constructed package plant and spray
irrigation. The original plant was located close to the river
in an abandoned phosphate pit, but was moved in order to meet
Department of Regulations restrictions.

f) Aikens Subdivision located downstream from Sateke village
consists of approximately 15 private homes, most rely on
mounded drain fields. The soil prof ile in this area is
classified as not suitable for septic systems.

g) Surface water runoff from the area just south of Sateke
Village and extending to the highway 484 bridge are believed
to contribute excessive nutrients to the waterbody. This area
includes the Rainbow River Ranch, which has cattle pastures
along the river. Frequently cattle wander from the pasture
into the river to feed.

h) The lower portion of the preserve, beginning just south of
the K.P. County Park and extending to the Withlacoochee River,
is heavily impacted by poor septic systems and pasture land
surface water runoff.

In 1983, development and use of septic systems along the
Rainbow River waterbody was shown to be a problem. All public
swimming areas were closed as a result of high levels of
coliform. bacteria. The problem appeared to be the result of
faulty septic systems.

On Jan 17, 1987, the Rainbow Springs and River were officially
designated an Outstanding Florida Waters (OFA), with "Special
Waters" classification for Class III waters. This step was
taken to help reduce water quality impacts on the River by
applying OFW standards provided in Chapter 17-3, F.A.C.

In additiont the 1988 session of the Florida Legislature
passed Senate Bill 1433 which mandates construction of a
central sewer system serving properties in the watershed area.
As of yet, no date has been included for implementation.

E. PREDOMINANT VEGETATION SPECIES AND COMMUNITY TYPES

The aquatic plant communities in the Rainbow Springs
headwaters represents one of the most beautiful habitats which
includes a high diversity of submerged vegetation. These
beneficial submerged aquatic plants were abundant along the
entire spring run 40 years ago according to Dr. Archie Carr.
However, today there is a distinct difference in the aquatic
plant community. Beginning in the headwaters area south to
the K.P. Park, the sub-merged vegetation is basically in
excellent condition with the exception of areas damaged by
prop dredging and excessive boating activities. From the K.P.
Park south to confluence with the Withlacoochee River, the
native aquatic vegetation bio-mass has been reduced and
intermingled with exotic vegetation, the most prevalent being
hydrilla, (see figure 4).

1. HYDRILLA
There is an abundance of hydrilla in the northwest side of the
headwaters region. Approximately 1 & 1/4 mile downstream,
south of the K.P. boat ramp, there is an abundance of hydrilla
intermingled with sagittaria. Although there is scattered
segments of hydrilla in many areas the heaviest infestation
begins at the entrance to Blue Cove and extends downstream to
the Withlacoochee River. This area has shown a dramatic
increase in hydrilla growth during the past year due to
increased nutrient loading and currently represents about 90%
of the submerged vegetation.

2. SAGITTARIA
Sagittaria is probably the predominant beneficial aquatic
plant in the preserve, however there has been a steady
decrease in this community due to (a) uprooting grasses to
create sand beaches by adjacent property owners, (b) scuba
divers pulling themselves along the bottom by the grass, and
(c) prop dredging.

3. VALLISNERIA
Commonly called tapegrass, this beneficial community is also
one of the predominant grasses and provides excellent habitat.

4. MAIDENCANE
This very important spawning habitat has also shown a dramatic
decline along the entire preserve because of (a) excessive
boating activities, and (b) adjacent property owners uprooting
the grass to create clear swimming areas. At this time
efforts are underway to revegatate some of these areas through
the water management district's SWIM plan.

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fAl

E]SAWGRASS
DUCK POTATO/ ARROWHEAD
RED LUDWIGIA

DWARF SAGITTARIA
ALLIGATOR WEED

MAIDEN

HYDRILLA
SAGITTARIA

FIGURE 4. VEGETATION IN HEADWATERS

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S. SHORELINE PLANTS
Probably the most predominant shoreline plants are bald
cypress, sweetbay, wax mrytle, and elephant ear. Most
vegetation along the eastern shore of the preserve are still
in its natural state, however private development and
associated shoreline clearing have shown a dramatic difference
on the western shoreline.

F. PREDOMINANT FISH AND WILDLIFE SPECIES AND THEIR HABITATS

The many ecological systems associated with the preserve are
floodplain forests, emergent marshes and upland communities.
The wetlands and littoral areas are an integral part of the
spring fed river system ecology. Riverine wetlands are a rich
biotic resource with high habitat value. The first mile of
the river system offers an unspoiled, aesthetic community that
could lend itself towards teaching environmental ethics and
natural values.

Both submerged and emergent aquatic plants extend the length
of the spring run, occurring predominately on the undisturbed
eastern shore. The only unspoiled area of any size on the
western side is located southwest of the Rio Vista subdivision
down to the northern city limits of Dunnellon.

The following is a partial list of some predominant fish and
wildlife species found in the Rainbow Springs Aquatic
Preserve.

FISH WILDLIFE
Largemouth Bass West Indian Manatee
Sunfish Green Heron
Bream Great Blue Heron
Mudfish Great Egret
Gar White ibis
Shad osprey
Catfish Limpkin
Eel Anhinga
Cormorant
Otter
Alligator
Suwannee Cooter
Red-Shouldered Hawk

Q. DESIGNATED SPECIES

The state of Florida has recognized the importance of the
resource with the Outstanding Florida Water (OFW) designation
and Aquatic Preserve status. The exceptional ecological

significance of the resource is not only diverse ill
educational and scientific interest, it includes threatened,
endangered, and species; of special concern which should be
protected for future generations to observe.
Listed are some designated species that have been observed
within the Rainbow River Aquatic Preserve.

SPECIES STATUS
Southern Bald Eagle Threatened
West Indian Manatee Endangered
Suwannee Cooter Special Concern
Limpkin Special Concern

H. CULTURAL RESOURCES - ARCHAEOLOGICAL AND HISTORICAL

An archaeological evaluation survey was conducted in 1980 as
part of the developers of the Village of Rainbow Springs
seeking permission for a Development of Regional Impact (DRI) .
This included the 455 acres surrounding the springs headwaters
which at this time is under consideration for state
acquisition under the Conservation and Recreational Lands
program.

Three prehistoric sites were identified by archaeologist
Marsha A. Chance, including a large prehistoric Indian archaic
village dated between 8000-1000 B.C. Of the three sites, one
had no significance, however site #3 was subsequently recorded
in the Florida master file as 8Mr166 and assessed by Ms.
Chance as being a significant cultural resource.

Numerous artifacts and fossils have been found along the east
side of the preserve and in the first mile of the submerged
lands of the waterbody. Over the years most of these
artifacts and fossils have been taken and today many swimmers
and divers continue to search and dig in the submerged lands
for artifacts. From an archaeological and historical
standpoint this area should be protected. Many of the Indian
artifacts and fossils in the Florida State Museum came from
the Rainbow River and immediate area.

The first known white settlers came to the Rainbow Springs
area as early as 1854. In the 1890's phosphate was discovered
in the area and was mined extensively in the river bottom and
adjacent uplands. When the phosphate market declined during
the early 1900's, the Rainbow River became known as a
recreational area. A tourist hotel was operated at the
headsprings during the 1890's and in 1934, a new resort was
built featuring glass-bottom boat and nature trails. At one
time a floating raft was anchored in the headpool for swimmers

to enj oy. The commercial attraction was closed in 1973 and
purchased by the Rainbow Springs Corporation. By the 1970's
and 1980's the resource was so heavily used by such a wide
variety of activities that it was being abused and dangerous.
Given the width and winding course of the resource, combined
with numbers using it, some recreational activities were
conflicting from a safety and liability standpoint.

I. REGIONAL LAND USE - DEVELOPMENT AND ASSOCIATED IMPACTS

While the Rainbow River is generally in very good condition,
future land use, especially development, is the single
greatest activity that will impact the long-term health of the
river (Henigar & Ray, 1987b) . Only in recent years have we
become aware of the problems and impact of development on the
environment, particularly where development occurs on
waterf ront property. The Rainbow Springs Aquatic Preserve
could be destroyed as an environmentally significant entity
if further development takes place without proper attention
to the environment.

1. Adjacent Land Uses - Current, (see figure 5)
Most of the adjacent land uses are zoned for single family
residences. However, the use of setback lines and buffer
zones could decrease the impact of upland activities. In some
instances the riparian rights of adjacent properties are being
violated by locating structures too close to the waterway,
some actually projecting over the resource.

Currently, the Rainbow River Campground, the Ron da lay
Trailer Park and the County K.P. Park are the only
commercially zoned areas without adequate buffer zones. The
Rainbow River Ranch on the eastern shore is zoned for
agriculture and used for pastureland. This is a good example
of the need to strengthen zoning laws for agriculture lands
adjacent to waterway. (ref. Henigar & Ray Engineering 1987)

2. Planned Adjacent Land Use - 1989 to the year 2000 A.D
Present zoning densities and land uses in the watershed area
should be strengthened under the conservation element of the
Comprehensive Plan due 1991. The entire Rainbow Springs
Aquatic Preserve is used for many diverse types of recreation,
including swimming, canoeing, fishing, snorkeling, scuba
diving and power boating. This small, fragile resource has no
limit on boat or motor size. During the warm months the river
is very crowded. A survey conducted in 1984 estimated 224,000
people use it annually and the use has increased as the
population has increased. The acquisition of lands for public
use, such as the CARL proposal adjacent to the headwaters,

could help to accommodate these large numbers of visitors in
a more regulated fashion.

Public access to the preserve include a public boat ramp at
the County K.P. Park, the commercially operated campground and
by way of the Withlacoochee River. The preserve is entirely
too small and fragile to support a marina. If this spring fed
resource is to regain its pristine and biological integrity-,
this type of activity should be reduced.

UNDEVELOPED

RESIDENTIAL
EMPARCEL ON C.A.R.L. LIST
SEWER PLANT

WATERSHED BOUNDARY
DUNNELLON CITY LIMIT 18

CAMPGRO ND

4
K. P
4
Rk

E
19 20

26 25 30

RAINBOW
RIVER RANCH
lAgriculturel

131
-000op

FIGURE 5. ADJACENT LAND USE MAP

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CHAPTER IV

14ANAGEMENT AREAS

A. INTRODUCTION

This chapter outlines the criteria and def ines use designations
for structures and activities occurring within the Rainbow River
Aquatic Preserve. it provides management direction f or aquatic
preserve staff, other state agencies, local governments and the
general public. This plan also provides an element of continuity
and predictability for allowable public and private uses of the
submerged sovereign lands in this aquatic preserve.

1. DEFINITION

The cornerstone for the management of all aquatic' preserves is the
division of each preserve into designated management areas. These
management areas are determined by identifying and delineating
relatively homogeneous areas of (1) resources in the aquatic
preserve and (2) adjacent upland uses. By necessity, the
delineation of the upland areas is often somewhat broader than is
county and municipal zoning, which can be on a scale inappropriate
from managing an open aquatic system. The management areas are
simply geographic delineations, however each management area
reflects different conditions. The number of management areas may
vary among aquatic preserves, depending on the upland use and
submerged resource conditions. Thus, the designation of management
areas is considered to be preserve-specific.

2. USE DESIGNATIONS

The combination of biological and physical parameters within the
preserve along with the upland activities determines the categories
of use designated for each management area. "Public utilities,11
defined as a means by which the public is served amenities deemed
necessary for comfortable, safe living conditions, can be
considered as a designated use. The utilities include
communication lines, such as telephone and television cables, water
lines, and power cables. These cables, pipes, and lines may be
subaqueous, embedded into the substrate, or they may be aerially
supported by poles or attached to bridges. Public utilities are
generally deemed to be in the public interest; therefore, all
management areas include public utilities as a designated use.

other designated uses considered under the management areas are as
follows:

Single-Family Use: This category is defined by single-family
residences using the adjacent portion of the aquatic preserve
solely f or private, recreational activities. Structures
constructed over state-owned land may include private residential
single-family docks, and shoreline stabilization.

multi-Family Use: This designation is def ined as more than one
-private residence using a common adjacent portion of the aquatic
preserve solely for private, recreational activities. Structures
built over state-owned land may include private residential multi-
slip docks, and shoreline stabilization.

Public:,This category includes structures used by the public at no
charge. The exceptions to this are federal, state, county or
municipalities that charge a nominal fee. Structures associated
with this category include single or multi-slip docks, boat ramps
and shoreline stabilization.

Commercial Use: Commercial use is a broad category that covers
structures whose use involves the charging of fees or generation
of revenue. Exceptions to this are federal, state, and county
parks that charge a nominal fee; these facilities are considered
a public use. Structures associated with this category are limited
to simple docks, boat ramps, designated swimming areas and
shoreline stabilization.

3. MANAGEMENT AREA CRITERIA:

In each management area, designated uses are given specific
criteria that should: (1) allow the structure or activity to occur
with minimal impact on the biological, archaeological, and
aesthetic value of the resource, and (2) provide riparian owners
reasonable ingress and egress. These criteria take into account
site-specific information, and are intended to apply to any new
structures or activities, to expansion of existing facilities, and
to any repair that involves replacement of pilings.

Types of construction activities and structures that occur in the
management areas of Rainbow Springs Aquatic Preserve are: shoreline
stabilization at or below the ordinary high water line (OHWL)
and/or planting of native vegetation; private residential single-
family docks; and boat ramps at public access area.

4* RATIONAL FOR SPECIFIC CRITERIA:

(a) In all management areas the total length of the access walkway
and terminal platform shall be limited to 20% of the width of the
"navigable" waterway, or will not extend out from the shoreline
further than to a maximum depth of -4 feet OLWL, whichever is less.
This differs from the current rule criteria which allows 20% of the
water body encompassing state ownership (i.e. from OHWL to OHWL on
each side of the river) . This restriction is added because in many
areas, the OHWL is located well into the emergent vegetated
littoral zone. Also in some areas this restriction is necessary
because shallow water depths occur across the entire width of the
preserve, and because the width of the preserve is very narrow.

(b) All management areas will be restricted to private residential
single family docks as defined in 18-20.004 (5) (b), F.A.C., and
will accommodate no more than 2 vessels, generally ranging in
length from 8 to 16 feet for regular hulls and up to 24 feet for
pontoon boats. No private residential multi-slip docks will be
permitted in the preserve. The narrow and shallow physical
features of this waterbody supports restrictive criteria on docks.

B. RESOURCE MANAGEMZNT AREAS

Three management areas are delineated for the Rainbow Springs
Aquatic Preserve as identified on accompanying maps. The following
text details these areas from north to south, (see figure 6).

1. XANAGEMENT AREA A (MA-A)

Description and Delineation: MA-A begins at the headpool in Section
7 & 12, Township 16 south, Range 18 & 19 east. and extends
downstream to the north boundary line of the public boat ramp at
the County K.P. Park.

MA-A encompasses the area containing the majority of the spring
vents which contribute nearly the entire flow of Rainbow Springs.
This area represents the most pristine portion of the preserve
reflecting the least amount of disturbance. The bottom of the
river is characterized by a wide variety of aquatic vegetation and
exceptionally clear water. Evidence of prop scarin *from excessive
9
boating activities is evident in this area. MA-A also comprises
some of the widest portions of the preserve with large stands of
emergent vegetation along the shoreline.

The uplands surrounding the headpool for nearly one mile to the
south are currently under private ownership, but are under proposal
for state acquisition through the Conservation & Recreation Lands

(CARL) program. There are some small parcels and a dense forest
marsh between the proposed CARL acquisition area and the Rainbow
River Campground to the south. Most of the western shore has been
developed into individual private ownerships with R-1 zoning. The
exception is one small parcel of waterfront part of the Ron Da Lay
Trailer Park.

Designated Uses: Single family use; Public use

Specific Criteria: Restrictive criteria on structures and
activities are as follows:

(1) Proposed structures will comply with the current rule
criteria for single family docks contained in sections
18-20.004 (5) (a) and (b) F.A.C. No commercial or private
residential multi-slip docking facilities will be
permitted in MA-A.
(2) No dock, pier or other structure will' extend more than
20% of the "navigable" width of the open water body, or
will not extend out from the shoreline further than to
a maximum depth of -4 feet OLWL, whichever is less.

Effect of Criteria: The combination of biological and physical
conditions of the resources found in MA-A warrant the additional
protection of the above restrictive criteria. The imposition of
this criteria for docking structures will not result in changes to
existing docks. However, this criteria will require new structural
designs on future docks that may differ from those present.

2. MANAGEMENT AREA B (MA-B)

Description and Delineation: MA-B begins on the northside of the
County K,P. Park boat ramp and extends along a narrow winding
course to the northern city limits of Dunnellon. The northern city
limits being the east-west center line of Sections 25 & 30,
Township 16 south, Range 18 & 19 east.
This area contains large communities of native aquatic grasses
(e.g. sagittaria, vallisneria) and outcroppings of limerock. These
native plant communities are slowly being displaced by the exotic
species, hydrilla.

The eastern littoral zone in MA-B consists mostly of forested
wetlands. Two small residential R-1 developments which are part
of the state's proposed CARL acquisition are excluded. The western
shoreline is highly developed single family residential R-1 zoning.
With the exception of two small wetland areas, the western shore
is entirely developed.

Current impacts on this area include: erosion of beach sand from
the County K.P. Park, which has resulted in artificial accretion
of sand downstream; increase occurrence of organic debris and algae
growing on the submerged vegetation; and prop scaring by boat
motors.

Designated Uses: Single family use; Public use

specific criteria: Restrictive criteria on structures and
activities are as follows:

(1) Proposed structures will comply with the current rule
criteria for single family docks contained in section
18-20.004 (5) (a) and (b) F.A.C. No commercial or
private residential multi-slip docking facilities will
be permitted in MA-B.

(2) No dock, pier, or other structure will extend more than
20% of the "navigable" width of the open water body, or
will not extend out from the shoreline further than to
a maximum depth of -4 feet OLWL, whichever is less.

Effect of Criteria: The combination of biological and physical
conditions of the resources found in MA-B warrant the additional
protection of the above restrictive criteria. The imposition of
this criteria for docking structures will not result in changes to
existing docks. However, this criteria will require new structural
designs on future docks that may differ from those present.

3. XANAGEMENT AREA C (MA-C)

Description and delineation: MA-C begins at the northern city
limits of Dunnellon along the east/west center line of Sections 25
& 30, Township 16 south, Range 18 & 19 east, and continues to the
confluence with the Withlacoochee River.

The uplands along the western shore of MA-C are presently dominated
with single family homes and subdivisions, with a shoreline of
numerous private residential docks, and boat homes. The eastern
shoreline is mostly developed pasture land and forested wetlands.

The submerged land in this management area is substantially covered
in native plant species. However, much of the vegetation is
extensively coated with algae (Lyngbya sp.) and decaying organic
matter. This organic matter is believed to be the result of
various man-made impacts from property owners clearing shoreline
vegetation, divers uprooting bottom plants, and boat props cutting
vegetation. In the lower portion of MA-C, the river bottom is
heavily infested with hydrilla. which is abundant beginning at Blue
Cove and continues downstream to the Withlacoochee. The hydrilla
appears to be rapidly spreading upstream.

The water quality of MA-C continues to diminish from the number of
septic tank systems along the river, an adjacent development's
sewer plant, and effluents from the City of Dunnellon's sewage
treatment plant.

Designated uses: Single family use

Specific Criteria: Restrictive criteria on structures and-
activities are as follows:

(2) No dock, pier or other structure will extend more than
20% of the "navigable" width of. 'the open water body, or
will not extend out from the shoreline further than to
a maximum depth of -4 feet OLWL, whichever is less..

Ef fact of criteria: The combination of biological and physical
conditions of the resources found in MA-C warrant the additional
protection of the above restrictive criteria. The imposition of
this criteria for docking structures will not result in changes to
existing docks. However, this criteria will require new structural
designs on future docks that may differ from those present.

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12 13

23 24 '9
B

26 41 25
30

DUNNELLON

36 31

35
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FIGURE 6. MANAGEMENT AREAS

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III

CHAPTER V

SITE-SPECIFIC RESOURCE MANAGEMENT ISSUES AND NEEDS

This chapter addresses specific issues of concern affecting
the ecological integrity, safe public use and management of
@he resources of the Rainbow Springs Aquatic Preserve. The
issues discussed in this chapter go beyond the scope of the
previous chapter which largely focuses on the delineation of
management areas and special management criteria for
construction activities and structures that directly impact
the biological resources of the preserve.

The first part of this chapter focuses on certain user
activities and growth and development related pressures
causing detrimental impacts on resources of the preserve. Key
issues of concern include: increased boating impacts (e.g.,
number, size, and horsepower of boats, and the use of internal
combustion engines) ; diver impacts on vegetation and
artifacts; increase development along the adjacent uplands;
water quality degradation; and loss of fish and wildlife
(particularly designated species) and their habitats. Issues
specific to Management Area-A (MA-A) are especially vital to
the protection of the artesian springs area, extending 3,000
yards downstream from the headpool. This area should be given
the highest protection afforded under Chapter 253, F.S.

The second part of this chapter presents the specific
management plan policies designed to address the issues of
concern. These policies are intended to provide the
additional management measures needed to protect resources of
the preserve. Implementation of many of these policies can be
carried out upon adoption of this plan as a rule, under
Chapter 18-20, F.A.C., and through the applicable authorities
of existing statutes, rules, local ordinances and codes.
other policies represent additional actions to be taken by the
managing authorities, local governments and public supporters
to resolve the issue of concern.

A. MANAGEMENT ISSUES AND SPECIAL NEEDS

1. INCREASING BOAT TRAFFIC

An increase in recreational boating on the preserve has
created several issues of concern. These issues relate to the
preservation of the associated resources and to boating
safety.

The Department of Environmental Regulation's, outstanding
Florida Waters petition conducted in 1984, states that the
recreational use of the preserve has continued to increase as
a result of upland development. Along with an increase in
-swimming and fishing activities, boating too has become even
more popular. Unfortunately, the size and horsepower of boats
on the river today, has caused boating to become one of the
more damaging forms of recreation. The damage to aquatic
plant communities from prop dredging and turbidities; the
disturbance and displacement of nesting and/or feeding
wildlife; and the damaging effects of hydrocarbon residue from
gas powered engines, all are directly linked to increased
boating.

The physical features of the narrow, winding Rainbow River are
not compatible for large, high powered, fast moving boats.
Safety to other boaters, fishermen, swimmers, and divers is
presently an issue due to the number of large, high powered
boats that are increasing on the river. Although Marion
County's ordinance 88-7 places a year round IDLE SPEED/No WAKE
restriction on the river, there are no restrictions placed on
either boat or engine size. In addition jet skis which are
not designed for operating in a IDLE SPEED/NO WAKE area are
also increasing, adding to the potential safety problem.
canoeing, swimming, and snorkeling are encouraged because of
the relatively low impacts they place on surrounding resources
and other users of the preserve. However, both the jet skis
and high powered boats are not considered compatible forms of
recreation in areas where sensitive habitats and other more
passive forms of recreation are found. (see policies 1,2,3)

2. DIVERS

The popularity of the clear spring s of the Rainbow River is
an enticing attraction for many recreational SCUBA divers.
However, the number of divers visiting the springs have
greatly increased causing harmful impacts to the aquatic
resources of the preserve. Damage to submerged vegetation
results from divers pulling themselves along the shallow
depths of the river. This in turn limits the food, nesting,
and sheltering habitat, sought by numerous wildlife species.
Divers also have caused turbidity problems by digging in the
river bed in search for artifacts and fossils. Again this is
damaging to not only the vegetative community but the wildlife
that utilizes the habitat. The highly sensitive habitats
found in the headsprings area require additional protection
from diving and other man induced impacts. Safety to the
divers in itself is an issue on this river. Due to the narrow
channel, it is impossible to maintain a safe distance between
divers and other boaters. Regulations controlling the number
of divers and the areas where diving will be permitted needs
to be enacted and strictly enforced. (see policies 4,5)

3. PROTECTION OF DESIGNATED SPECIES

Species whose existence is threatened are currently designated
by four agencies: the Florida Game and Fresh Water Fish
Commission (FGFWFC) , the Florida Department of Agriculture and
Consumer Services (DACS), the U.S. Fish and Wildlife Service
(FWS) , and the Convention of Trade in Endangered Species of
Wild Fauna and Floras (CITES). Each agency has its own focus,
and the regulations regarding what level of protection is
given to which species reflects this orientation. - For
example, the FGFWFC does not designate plant species, whereas
the DACS addresses plants only.

Many protected species inhabit the Rainbow Springs Aquatic
Preserve, however two noteworthy species that are of
particular concern and warrant special management needs are
the limpkin and West Indian manatee. (see policies 3,6)

Limpkins: are listed as a species of special concern by the
FGFWFC. Their present population on the Rainbow River appears
to be, considerably less than 2 or 3 years ago according to
photographic inventories and visual accounts. Rational for
their decline is not fully understood at this time, however it
is suspected that hydrocarbon residue from gas powered boats
are a contributing factor to their decline. A study conducted
at the nearby Silver Springs tourist attraction concluded that
the hydrocarbon residue from tour boats interrupted the
reproduction cycle of the apple snail, a principal f ood source
of the limpkin. The management at Silver Springs quickly
converted all their tour boats to electric power in 1984,
resulting a dramatic comeback in the limpkin population.
Further research needs to be conducted on the Rainbow River to
find if similar impacts from the gas powered boats are
responsible for the limpkin population decline. If the
hydrocarbon residue is responsible, steps need to be taken in
the management of this protected species by placing
restrictions on the use of gas powered boats within the
preserve.

Manatees: although highly recognized as an endangered mammal,
the West Indian manatee is limited in numbers within the
Rainbow Springs Aquatic Preserve. Entrance into the preserve
A from the Gulf of Mexico is by way of the Withlacoochee River,
north through Lake Rousseau and then into the Rainbow River.
However, once reaching the Rainbow River, manatees are usually
confined to the captive area due to manmade canal gates that
restrict their return to the gulf. Listed as an endangered
species by the FGFWFC and the FWS, the DNR has direct
authority in protecting this species through Chapter 370, F.S.
The Marion County government has also taken a role in
protecting the manatee locally, by setting county ordinance

88-7, IDLE SPEED/NO WAKE restriction for the entire Rainbow
River year round. Although the ordinance is in place, it is
the enforcement of this ordinance that continues to be a
concerning issue. It is a common known fact that the primary
cause for the manatee's downfall is from deaths that result
from collisions with fast moving boats. The strict
enforcement of county ordinance 88-7 will help to provide a
safe refuge for manatees entering the Rainbow Springs Aquatic
Preserve.

3. PROTECTION OF NESTING AND FEEDING HABITAT

As previously stated, the Rainbow Springs Aquatic Preserve is
a very narrow, winding stream, averaging only about 150 feet
in width and 2-5 feet in depth. The higher noise levels
generated from large horsepower boats have a potentially
negative effect on wildlife. Wildlife are often frightened,
disturbed and displaced from their nesting and feeding sites
along the shoreline of the preserve by the larger powered
boats. The emergent vegetation which provides vital wildlife
habitat is often destroyed by the prop dredging from the
deeper drafts of larger boats. The intent of the Legislature
is to protect the aesthetic, biological and scientific value
of these natural resourcesf therefore uses of the preserve
should include restrictions on vehicles that are not conducive
to protective management. Steps need to be taken that limits
the use of large horsepowered boats in the preserve. (see
policies 2,3,7)

4. DREDGING AND FILLING

Dredging and filling are activ ities of utmost concern along
the Rainbow Springs Aquatic Preserve. The digging out of
vegetation from in front of private property, placing sand,
dirt and other fill within the waters edge, and construction
of seawalls and other shoreline stabilizing structures without
proper Trustees authority occurs frequently along the river.
Enforcement of violations have been largely unsuccessful and
restoration has been unsatisfactory. Dredging and filling
within the preserve is prohibited except when performed in
accordance with Section 258.42 (a) and (b), F.S., and when in
the public interest, and only with proper authorization.

Enforcement of this statute is necessary to ensure the
continued protection of the river system and to curtail
further violations. Waterfront vegetation must be preserved,
and shoreline stabilization should be limited to native
vegetation and riprap or both. (see policy 8)

S. ACQUISITION OF ADDITIONAL PROPERTY
J 1,
The uplands surrounding the Rainbow River Aquatic Preserve
contain important resources such as archaeological sites,
endangered and threatened species habitat, as well as vital
f reshwater wetlands. The adjacent uplands surrounding the
headsprings area of primary importance in maintaining the
integrity of adjoining resources. Efforts. are currently
underway to acquire 600 acres located adjacent to the
headsprings area, under the state's Conservation and
Recreational Lands (CARL) program. This and additional lands
bought through acquisition programs will help to ensure a
protective buffer for the aquatic resources, prevent the
development of sensitive areas, maintain species viability and
diversity, and allow the removal of disruptive uses. (see
policy 9)

B. POLICY DIRECTIVES

POLICY (1). Limit recreational activity in MA-A to swimming,
snorkeling, canoeing and vessels powered by paddle, oar, or
electric motors only. The Department of Natural Resources,
upon adoption of this plan as a rule, shall establish MA-A as
a restricted area to gas powered vessels, pursuant to Section
327.46, F.S., excepting law enforcement and emergency vessels.

POLICY (2). Restrict the horsepower size of gas powered motors
in MA-B and MA-C in the preserve. The Department of Natural
Resources, upon adoption of this plan as a rule, shall
establish MA-B and MA-C as restricted areas to operating gas
powered vessels in excess of ten (10) horsepower in size,
pursuant to Section 327.46, F.S., excepting law enforcement
and emergency vessels.

POLICY (3). ' Maintain and enforce the current Marion county
ordinance 88-7 IDLE SPEED/NO WAKE restriction year round.
This policy recommendation is supported by Henigar and Ray
Engineering's special management study on the Rainbow River
and by the Southwest Florida Water Management District's SWIM
Plan, regarding boating impacts on the river.

POLICY (4). Enforce Special Act of the Legislature, House Bill
No. 2546, Chapter 65-1904 Laws of Florida, which applies to
diving activities in the Rainbow River. The Department of
Natural Resources shall set aside a specially designated area
for SCUBA diving as specified in MA-A; and establish limits on
numbers of divers in this designated area. Any diving outside

45.

this area would require a permit and adherence to regulations
to be developed by the Department of Natural Resources. (see
figure 7).

POLICY (5) . Protect the living and non-living resources of in
MA-A, by prohibiting their removal, except where otherwise
permitted by applicable state laws or local regulations.

POLICY (6). Encourage private or public affiliated groups to
conduct further research on the preserves declining limpkin
population. If studies conclude that hydrocarbon residue from
gas powered boats is the cause for their decline then steps
should be taken in restricting the use of gas powered boats
within the entire preserve.

POLICY (7) . Designate MA-A as a- "Resource Protection Area I"
(RPA-I) , and seek to reclassify waters in MA-A as "Class I
Waters" by encouraging the Department of Environmental
Regulation to review its water reclassification and upgrade
the waters within MA-A to a drinking water status.

POLICY (8) . Ensure the enforcement of Section 258.42 (a) and
(b) F.S. concerning the restriction of any new dredging within
the preserve.

POLICY (9) . Encourage acquisition, where feasible, of
privately owned uplands adjacent and bordering the aquatic
preserve, through state or local government land acquisition
programs.

POLICY (10). Promote environmental policies governing land
use in the water shed area which impact the ecosystem of water
body to minimize the adverse impacts of development.

POLICY (11). Create and acquire conservation easements for
protection of wetlands along the river and its tributaries as
per Statute 704.06 and also maintain the current conservation
easement surrounding the headwaters pool.

POLICY (12). Request: local governments to increase the
current structural setback of 25 feet to 50 feet and create
berms along the shoreline to prevent impacts of surface water
run-off.

POLICY (13). Recommend that local government planning
departments restrict land use to single family residences and
limit densities according to soil types, topography, and
environmental constraints.

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. ........
........................ ...
. . ....... 11" ..........
...........
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............
..................
.... ....

..........

...........
0

....... ..

Scuba Diving Permitted

. ........
No Scuba Diving

.........

.. ....... ....
....... ....

.........
........ .
. ...... .......
...............
................

LOCATION

............

..........
..... ...

DUNNELLON
.........
.............
.........

FIGURE 7. DIVING MAP

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CHAPTER VI

MANAGEMENT ACTION PLAN

The objective of this chapter is to establish guidelines that
allow for the management and protection of the resources
within the Rainbow River Aquatic Preserve. Some of these
guidelines have been updated from those previously used in
other studies of the Rainbow River area, which will contribute
greatly towards the development of an expanded action plan.

Before an effective program can be designed to manage and
protect natural resources of the preserve, it is necessary to
recognize the type of resources present, their location,
function, and importance. Additional efforts should
concentrate on identifying those activities or parameters that
affect these resources, either positively or negatively. This
information will form the foundation from which action will be
initiated to manage and protect these resources. The
strategies used in managing an aquatic preserve must consist
of a variety of components such as resource management,
resource protection, research, and environmental education.

A. RESOURCE MANAGEMENT

Despite the establishment of laws, rules, studies and data
used in deriving reasonable policies, there still exists the
necessity for a resource management plan to maintain and
upgrade the integrity of the preserve in the future. The
goals of resource management within the Aquatic Preserve
Program are, (1) conducting and maintaining resource
inventories, (2) assessing the impact of human activities on
the resources, (3) cooperating with other agencies in habitat
restoration and water quality improvement.

GOAL A.1: CONDUCT AND MAINTAIN RESOURCE INVENTORIES

objective A.1.1: To update and maintain a resource inventory
of submerged and emergent vegetation.

Task A.1.1.1: Using infra-red aerial photography and
surface observation, conduct an inventory of
submerged and emergent vegetation every 2
years.

Task A.1.1.2: Establish biological resource maps utilizing
data of this inventory.

Obiective A.1.2: To conduct an inventory of all animal
species, including designated species, and their habitats.

Task A.1.2.1: Conduct an inventory of all animal species
with emphasis on designated species, as well
as their associated habitats, every 2 years.

GOAL A.2: Assess the Impact of Human Activities

Objective A.2.1: To inventory and assess the effects of human
activities on the natural resources, considering biological
and geological aspects.

Task A.2.1.1: Survey and record all dock structures to
deter-mine if there is a direct relationship
between structures and the absence of natural
vegetation. This survey shall include the
following:
a) -the length of the structure waterward
of the OHWL.
b) the area of the terminal platform.
C) 'the elevation of the structure above
OHWL.
d) the number of vessels using the
structure.
e) the water depth at the structure
'terminus at OLWL.
f) the functional condition of the
structure.
g) accessory facilities and other
associated uses of the structure.
h) 'the structure category.
i) inventory of biological resources within
25 feet of the structure.

Obiective A.2.2: To inventory and assess cumulative impacts
on the natural resources.

Task A.2.2.1: Survey and record all dredged areas and
shoreline stabilization areas. This survey
shall include the following:

For Dredged Areas
a) length, width, and depth of area
dredged.
b) a description of the surrounding area.
C) -the traditional use of the area.
d) inventory of biological resources.
e) information on pre-existing resource
conditions.

For Shoreline Stabilization Areas
a) -total length of riparian shoreline.
b) total length of shoreline stabilization.
C) type of stabilization and material used.

d) existing and pre-existing natural
conditions.

GOAL A.3: Coordinate With Other Agencies on Habitat
Restoration and To Improve Water Quality

Obiective A.3.1: To identify disturbed vegetation for
restoration.

Task A.3.1.1: Continue to coordinate with the water
management district's SWIM personnel on their
revegetation project.

Obiective A.3.2: To coordinate with DER and the water
management district on improving water quality in the
preserve.

Task A.3.2.1: Continue to coordinate with the water
management district SWIM program and sediment
analysis.

B. RESOURCE PROTECTION

Management areas have been identified, vegetation and habitat
areas mapped and policies proposed that will help to protect
the biological integrity of the resources. The goals of the
Aquatic Preserve Program with regard to resource protection
include, (1) protection of existing submerged vegetation, (2)
protection of existing emergent vegetation, (3) protection of
animal species, particularly designated species and their
associated habitats.

GOAL B.1: Protection of Submerged Vegetation

Objective B.1.1: To preserve and/or revegetate submerged
vegetation communities.

Task B.1.1.1: Continue to coordinate with water management
district for revegetation under SWIM program.

Task B.1.1.2: Upon completion of revegetation projects, an
inventory will be established for each
management area and should include, but not
limited to:
a) description of the management area.
b) a description of the aquatic vegetation
by type and biomass.
C) a description of bottom types and depth.

Obiective B.1.2: Ensure that authorized structures are in
compliance with permits.

Task B.1.2.1: Coordinate with regional DNR planner for
letters of consent and lease agreements
authorized.

Task B.1.2.2: Report violations to DNR enforcement agent.

Task B.1.2.3: Coordinate with other regulatory agencies
when possible.

Obiective B.1.3: Ensure that structures that have been built
or are being built are authorized.

Task B.1.3.1: Report any activities that do not appear to
have been authorized or does not appear to
meet established criteria.

Obiective B.1.4: Ensure that human use of the preserve does
not degrade submerged vegetation.

Task B.1.4.1: Coordinate with other agencies to ensure that
all projects such as dredge and fill or
shoreline stabilization use turbidity
controls.

GOAL B.2: Protection of Emergent Vegetation

Obiective B.2.1: To preserve and/or revegetate emergent
vegetation communities.

Task B.2.1.1: Develop a surface inventory of emergent
vegetation in coordination with aerial
photography.

Task B.2.1.2: Inventory data should include:
a) description of vegetation.
b) existing structures.
C) nesting and wading birds.
d) designated species.

Task B.2.1.3: Coordinate with DNR regional planner and
other appropriate agencies.

GOAL B.3: Protection of Designated Species and Habitat

Obi ective B. 3. 1: To insure that these habitats receive maximum
protection.

Tasks B.3.1.1: Discourage projects in designated species
habitat areas, and monitor the affects of
any legally authorized projects on the
species of concern.

Q. RESEARCH

The effective management of any biological system relies
almost entirely on information relating to how a system
functions. Research is the foundation upon which this
information is based. The goal of the research program for
the Aquatic Preserve Program is primarily geared towards
applied research, rather than toward basic or theoretical
research. The goal of the research program is to gain a
better understanding of biological integrity of all resources
within the aquatic preserve.

GOAL C.1: Integrity of the Resource

Ob! ective C. 1. 1: To continue compiling research data relevant
to the protection of the resource.

Task C.1.1.1: continue using accumulated data and
management studies as a basis to upgrade
management areas and preserve sensitive
natural systems.

Task C.1.1.2: Continue to coordinate with the 'water
management district and the Florida Game and
Fresh Water Fish Commission, to inventory and
monitor wildlife and fish communities using
surface observation and creel census.

D. ENVIRONMENTAL EDUCATION

As a general rule the public does not consider that each
individual contributes a cumulative impact to the environment
and assumes that nature will take care of itself. For those
actively involved with protecting the natural environment, it
seems irresponsible to assume that every detail of resource
protection can be addressed by law. Certain regulations and
standards must be established and enforced, however in the
long run, education will play a major role in the
effectiveness of the rules and standards. Therefore, the
overall goal of the environmental education program is to
instruct individuals as to the importance of preserving our

natural resources so that they may consider all issues prior
to making decisions that affect these resources. In general,
the intent of this element is to educate the public and make
them responsible users of the preserve.

GOAL D.1:- Public Education of the Environment

Obiective D.1.1: To formulate programs using visual material
and literature that demonstrate the importance of the natural
environment.

Task D.1.1.1: Develop slide presentations, videos, and
brochures designed to begin education at
elementary school levels.

Task D.1.1.2: Develop brochures especially designed to
educate riparian land owners of their
responsibility and impact to the environment.

objective D.1.2: To establish and conduct environmental
education programs for public and private schools and
organizations.

Task D.1.2.1: Produce programs that are interesting and
draw attention to local environmental issues
and concerns.

Task D.1.2.2: Where feasible, assist in establishing an
educational center oriented to the
preservation of the aquatic preserve and
associated uplands.

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CHAPTER VIX

MANAGEMENT COORDINATIOX NETWORK

This chapter briefly presents a general overview of the
various federal, state, regional, and local agencies that
regulate or hold any interest in the management or use of the
Rainbow Springs Aquatic Preserve. A quick reference matrix of
specific jurisdictions is presented in Table 1. One of the
goals and objectives of the aquatic preserve program is to
coordinate with these agencies to achieve common goals
relevant to the management and protection of resources in
Rainbow Springs Aquatic Preserves.

A. FEDERAL AGENCIES

The U.S. Army Corps of Engineers (COE) have jurisdiction over
inland navigable waters under the Rivers and Harbors Act of
1899. A revision of the Rivers and Harbors Act in 1968
extended the Corps jurisdiction allowing them to consider the
fish and wildlife, conservation, pollution, aesthetics,
ecology and other relevant factors of a project. The Corps
regulatory program expanded in 1972 with the Federal Water
Pollution Control Act Amendments, also known as the Clean
Water Act (CWA). Section 404 of this act controls dredge and
fill activities by the Corps and has since been extended to
wetlands from Amendments to the CWA in 1977. The COE also
contributes 50% of the funds reimbursed to the Water
Management District by DNR for aquatic plant control.

Being a navigable waterway, the Rainbow River is monitored by
the U.S. Coast Guard (USCG) for boating safety and
navigational problems, and enforces maritime laws. In the
inland waters a volunteer group called the Coast Guard
Auxiliary performs boating safety inspections and search and
rescue missions.

The U.S. Environmental Protection Agency (EPA) has
jurisdiction over surface waters in the state. Enforcement
authority was given under the Clean Water Act of 1972 and
broaden under the 1977 revision. In general EPA is responsible
for pollution control and abatement, including: air, water,
noise, solid waste, toxic waste, and radiation. They review
permits issued by DER for the treatment, disposal and storage
of hazardous wastes. Authority is divided between EPA and the
US Coast Guard in regarding the discharge of oil or hazardous
substances into surface water.

The U.S. Geological Survey (USGS) monitors on a quarterly
basis, the artesian spring flow, water levels and water
chemistry.

The U.S. Fish and Wildlife Service (USFWS) has responsibility
for fish and wildlife as authorized in the Coast Resources
Barrier Act, National Environmental Protection Act, Migratory
Bird Act, Endangered Species Act, and Fish and Wildlife
Coordination Act. "Under provision of the Fish and Wildlife
Coordination Act, the Fish and Wildlife Service must be
consulted before the Corps of Engineers can submit a plan for
congressional approval.. The Fish and- Wildlife Service
comments on the impacts of proposed projects on endangered
species, migratory birds and other fish and wildlife and their
habitats" (Barile et al. 1987). They are directed to prepare
environmental impacts assessments or statements for proposed
projects by the Corps, and are authorized to issue "Jeopardy
Opinion" against any proposed project which will negatively
effect an endangered species (Barile et al. 1987).

B. STATE AGENCIES

The Department of Natural Resources (DNR) jurisdiction include
state lands, sovereignty submerged lands, and marine resources
which include marine research projects, notably turtle and
manatee protection. The Florida Marine Patrol regulates and
enforces safe boating laws, and enforces all commercial and
recreational fishing regulations.

Under Chapter 16C F.S., DNR has responsibility for various
aquatic plant control programs, including permitting for
mechanical, biological-, and chemical control of aquatic
plants. Permits are also necessary under Chapter 16C-52 F.S.,
"Aquatic Plant Importation, Transportation, cultivation and
Possession"t for any persons cultivating, revegetating, or
collecting aquatic plants.

Authority granted under Chapters 18-20 and 18-21 F.S.,
"Sovereignty Submerged Land Management", gives DNR
responsibility to regulate commercial and residential docks
and other structures and activities conducted on submerged
lands.'

Section 327.46 F.S. gives DNR authority to restrict gas
powered vessels in areas of the Rainbow Springs Aquatic
Preserve.

Other Department of Natural Resources management authorities
applicable to the Rainbow Springs Aquatic Preserve management
includes land acquisition programs conducted under the

Conservation and Recreation Lands (CARL) Program authorized by
Chapter 253, F.S. Currently, the uplands surrounding the
headwaters of the preserve are under negotiations for state
purchase through the CARL acquisition program.

The DeRartment of Environmental Regglation (DER) has a broad
range of responsibilities and receives its authority from
State Law and also some of the authorities delegated by the
EPA. Generally, the DER responsibilities include water
management, water quality, drinking water, hazardous and solid
waste, coastal management, wetland protection and power plant
locations.

These responsibilities are accomplished through the following
regulatory mechanisms: establishment of standards designed to
protect natural systems and prevent harmful pollutants from
entering these systems; applying the standards through
permitting of potential sources of pollution and monitoring
pollution discharges for compliance with state standards; and,
enforcement action for non-compliance* with environmental
standards.

The Department of Environmental Regulation's rules significant
to the aquatic preserve management program are Chapters 17-3,
17-4, and 17-12, F.A.C. Authority for these rules is based in
Chapter 403, F.S. Chapter 17-3, F.A.C. addresses water
quality standards with the most stringent category being
"Outstanding Florida Waters" (OFW) . As an OFW, ambient
conditions, instead of prescribed values, become the water
quality standards for the waterbody. The Rainbow Springs
waterbody received "special status" as an OFW in 1985.
Chapter 17-4, F.A.C. addresses permit requirements, and
Chapter 17-12, F.A.C. covers dredge and fill activities.

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 lands shall have prior approval
of the Trustees. An interagency agreement between DNR and DER
provides for DNR staff comments into the DER permitting
process for environmental impacts in aquatic preserves.

The Department of Health and Rehabilitative Services MRS)
has responsibilities to protect the public's health by
overseeing functions that involve water supplies, onsite
sewage disposal, septic tank cleaning, and solid waste
control. Authority for these responsibilities are found in
Chapter 154, 381, and 386, F.S. and in the 10D Series of
F.A.C., known as the "Sanitary Code". The local county DHRS
office (County Health Department), has jurisdiction overseeing
these responsibilities.

Also affecting the public's health and the aquatic preserve
management program is the arthropod (mosquito) control
program, which is usually administered through the local
mosquito control district. Each of these public health
programs holds the potential to create significant impacts
upon the aquatic preserves.

The Game and Fresh Water Fish Commission (GPWC) authority is
provided in the rules and regulations of Chapters 39.101 and
39.102 F.A.C. This authority involves the implementation of
specific regulations and their enforcement, for all wildlife
including the freshwater aquatic life found in the Rainbow
River. They also oversee habitat restoration and fish re-
stocking of freshwater rivers and lakes.

The Department of State, Division of Historical Resources
(DHR) has the responsibility granted under Chapter 267, F.S.,
regarding the preservation and management -of Florida's
archeological and historical resources. This responsibility
includes those cultural resources located on state-owned
lands, including aquatic preserves.

The DeRartment of Transportation MOTI has responsibilities
that include right of way and surface water run-off in the
areas of roads, bridges and causeways. The DOT also updates a
state-wide aerial photographic survey every four years,
rotating on a district basis.

The DeRartment of Community Affairs MCA) and the Regional
Planning Councils (RPC) are authorized under Section 380.06,
F.S., for administering the Development of Regional Impact
(DRI) program. The DRI process was established to provide a
review and monitoring procedure for development projects
potentially affecting the health, safety or welfare of
citizens of more than one county. There is presently a DRI
project for lands surrounding the headwaters of the Rainbow
Springs Aquatic Preserve.

The Department of Community Affairs also oversees the
development of Local Government Comprehensive Plans (LGCP) for
both counties and municipalities, as required by the Local
Government Comprehensive and Land Development Regulation Act,
Chapter 163, Part II, F.S. Subsection 163.3202(5), F.S.
provides that DCA shall adopt rules for the review of local
government land development regulations. Local governments
are required to adopt land development regulations which are
consistent with the adopted local comprehensive plan within
one year after submission of the local comprehensive plan for

review by the Department pursuant to subsection 163.3167(2),
F.S.

The office of Planning and Budgeting of the Executive Office
of the Governor, in conjunction with the DER's Coastal Zone
Management Section, is responsible for administering project
reviews applicable to Florida's Coastal Management Program
Federal Consistency evaluation process. This process includes
all projects in the state that involve federal permitting,
federal assistance or direct federal activities. Each project
must undergo this additional review to determine if the
project is consistent with established programs, policies and
rules of the State. This includes projects affecting
resources in aquatic preserves.

C. REGIONAL AGENCIES

The Southwest Florida Water Management Distinct (SWPWMD) was
created by Chapter 61-69, Laws of Florida, as a public
corporation for carrying out Chapter 378 F.S. and operates
under and is governed by provisions of Chapter 373 F.S.
Chapters 40D-4 and 40D-40 were adopted to ensure continued
protection of the water resources of the District including
Wetlands and other natural resources. The rules in these
Chapters are to implement the surface water management permit
system mandated in part IV of Chapter 373 F.S. The statutes
resulted from passage of Chapter 84-79 Laws of FLorida, The
Warren G. Henderson Wetland Protection Act of 1984.

SWFWMD has jurisdiction of permits for water use, well
construction, storm water discharge, surface water management,
groundwater withdrawals, water level control and provides
control of exotic aquatic plants (primarily hydrilla and water
hyacinths) in cooperation with the COE. Currently SWFWMD is
implementing a district wide geographical information system
(GIS), which when completed can zero in on any given area for
geographic illustration.

It is the intent of the Florida Legislature through the
Surface Water Improvement & Management (SWIM) Act (Chapter 87-
97, Section 1-6, Laws of Florida), that the water management
districts "design and implement plans and programs for the
improvement and management of surface water". The SWIM plan
for the Rainbow River was approved in March 1989 by the
District's Governing Board.

The Withlacoochee Planning Council (WPC) serves as a regional
planning body for local government of Marion County. Among
its duties are: aids local governments with planning

expertise; is the regional representative for the DRI review
process; serves as a regional clearinghouse f or state and
federal projects and programs; conveys information from the
local governments to the state and federal levels; assists
local governments in getting grant aids; and prepares and
administers the Regional Policy Plan.

D. LOCAL AGENCIES

Marion County and the City of Dunnellon have areas of
jurisdiction and authority concerning boating safety, as well
as, rules and zoning regulations covering the waterbody and
adjacent land uses. Appendix list ordinances and
resolutions passed by the local governments that pertain to
the Rainbow Springs Aquatic Preserve.

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CHAPTER VIII

STAFFING AND BUDGETARY NEEDS

Management of the Rainbow Springs Aquatic Preserve hinges on
adequate on-site staffing and equipment, to administer and
facilitate the management strategies described in this plan.
In view of the increasing pressures and impacts on the
preserve, a stable and functional budget becomes an integral
part of a comprehensive management program.

A proposed 2-year budget for this preserve is provided in
Table 2. A temporary management position is presently
operating with no office space and minimal equipment. This
budget will reflect allocations for a serviceable office and
permanent staff, along with operational expenses needed to
promote the management of the preserve.

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TABLE 2

ANTICIPATED BUDGET NEEDS FOR THE RAINBOW SPRINGS AQUATIC PRESERVE

SALARY 1st YEAR 2nd YEAR

Manager (with benefits) $28,000 $30,000
Secretary (with benefits) $15,800 $16,400

subtotal $43,800 $46,400

OPERATING CAPITAL OUTLAY

Vehicle $12,000
Boat Trailer $ 300
Office Equipment $ 3,500
Computer $ 2,600

subtotal $18,400

OPERATING EXPENSES

Office Rent/Gas/Phone $13,500 $15,000
Travel $ 600 $ 800
Aerial Photography $ 4,000
Education Material $ 1,000 $ 1,200

subtotal $19,100 $17,000

TOTAL COST ........................ $81,300 $63,400

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CHAPTER IX

RESOURCE AND ACTIVITY MONITORING PROGRAM

In order for the Rainbow River Aquatic Preserve management
plan to be effective in protecting the resources of the
preserve, a continuous on-site staffing program is imperative.
The position of preserve manager will institute programs
targeted at (1) monitoring changes in the natural resources,
(2) recording use activities, and (3) tracking the progress
and accomplishments associated with the intent of the Aquatic
Preserve Program.

A. RESOURCE MONITORING

It should be noted that a magnitude of data and studies,
directly related to Rainbow Springs and the river, have been
compiled over the past 20 years. These studies include
accounts on wildlife populations, aquatic plant control, and
recreation potentials.

In addition, current projects conducted by the Southwest
Florida Water Management District's SWIM plan (Surface Water
Improvement & Management), are directed at making significant
improvements in the water quality of the Rainbow River.

Despite the numerous studies conducted on or near the Rainbow
River, a complete and thorough inventory of all resources
needs to be compiled before an effective monitoring program
can be installed.

To monitor changes in the natural resources, a regional
geographic information system (GIS) is highly recommended. A
GIS is a computer-based system that captures, edits, displays,
and analyses geographic information. The system has been used
in utilities mapping, inventory management, and land use
planning; however, it's most important function continues to
be natural resource management.

Inter-agency cooperation would be a valuable asset in
monitoring the natural resources of the preserve and adjacent
uplands. The Florida Game and Fresh Water Fish Commission
(FGFWFC) can be helpful with wildlife monitoring. The water
management district's aerial mapping would be helpful in
monitoring changes in vegetation patterns associated with
upland development. Since the Rainbow River is a clear spring
run, the aerial photography will also note aquatic plant
changes. Another benefit of inter-agency networking, will be
the elimination of costly duplication of data collection and
projects.

B. ACTIVITY MONITORING

As human interaction in and around the Rainbow Springs Aquatic
Preserve increases, additional pressures are anticipated in
the form of recreation and development activities. Many of
these activities are considered conflicting, dangerous or
destructive to the aquatic resources, and need to be monitored
and restricted. only compatible recreational activities that
do not create detrimental impacts to the environment should be
permitted.

C. ACCOMPLISHMENTS AND PROGRESS MONITORING

The tracking and reporting of staff accomplishments and
progress is vital to a programs success. ' Sharing this
information with other agencies, will help develop a team
approach to problem solving and implementing management
strategies.

The field office should provide a yearly report to the central
office, providing progress and effectiveness of the management
plan. This information will go towards the development of a
state-wide status report on the Aquatic Preserve Management
Program focusing on resource deterioration, compatible and
non-compatible use activities, and appropriate management
strategies.

This field office annual information report should provide:

(1) The state of the natural environment of the aquatic
preserve.

(2) Updated resource inventories of vegetation and
wildlife, being specific as to species.

(3) Updated development activities, authorized and un-
authorized, action taken and possible impact to the
resource.
(4) The related sta'tus of tasks which have been listed in
Chapter VI.

(5) Whether or not staff and funding are sufficient.

(6) Identify if tasks are sufficient or if others should
be added.

REFERENCES

FLORIDA BUREAU OF GEOLOGY: 1977. Springs of Florida, Jack C.
Rosenau, Glen L. Faulkner, Charles W. Hendry Jr. and Robert W.
Hull.

FLORIDA INSTITUTE OF TECHNOLOGY: 1972. Rainbow Springs and
Rainbow River Environment. Dr. K. B. Clark, Dr. E. H.
Kalajian, Dr.-J. A. Lasater.

FLORIDA GAME & FRESH WATER FISH COMMISSION: 1973-1985.
Letters and observations, Rue S. Hestand III, biological
scientist.

FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION: 1984.
Petition data for O.F.W. designation.

HENIGAR & RAY ENGINEERINGj INC.: 1978. Rainbow River Watershed
Area Management Plan Data. Joint comprehensive plan study for
Marion County and City of Dunnellon.

LOCAL GROUNDWATER PROTECTION: 1987. American Planning
Association, Martin Jafee and Frank Dinovo, Includes the Clean
Water Act and the Safe Drinking Water Act.

SILVER SPRINGS: 1986. Cavenaugh, Article relating to Limpkin,
a species of special concern, and its food supply chaih along
the Silver River.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT: 1987. Ground
Water Resource Availability Inventory: Marion County.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT: 1989. Surface
Water Improvement & Management Plan for Rainbow River.

U.S. ARMY CORPS OF ENGINEERS: 1973. Field Investigations Data
of Rio Vista, Dr. K. B. Clark, Dr. E. H. Kalajian, Dr. J. A.
Lasater.

UNIVERSITY OF FLORIDA: 1973. Department of Environmental
Sciences. Observations of aquatic plants, algae and physical
chemical data, Rainbow Springs.

UNIVERSITY OF FLORIDA: 1985. IFAS, Center for Aquatic Weeds,
Observations and plant bio-mass, Dr. D. Canfield.

UNIVERSITY OF FLORIDA: 1972. Planning & Political Science,
Ernest R. Bartley, A.I.P.

U.S. GEOLOGICAL SURVEY: 1984. Records of Spring Flows and
Water Chemistry, 1898-1984.

U.S. DEPARTMENT OF AGRICULTURE: 1974. Soil Conservation
Service, soil determinations for Marion County.

WATER & AIR RESEARCH, INC. 1973. Water Supply and Waste
Disposal at Rainbow Springs, H.E. Hudson Jr.

APPENDIX A
V. 9, p 692-20 Relevant Legislation (R. 3/87)
18-20.002

CHAPTER 18-20 (c) To coordinate with federal. state. and local
FLORIDA AQUATIC PRESERVES agencies in aid in carrving out the intent of the
18-20.001 Intent. Legislature in Creating the preserves;
18-20.002 Boundaries and Scope of the (d) To use applicable federal, state, and local
management programs, which are compatible with
Preserves. the intent and provisions of the act and these rules,
18-20.003 Definitions. and to assist in managing the preserves;
18-20.004 Management Policies, Standards
and Criteria. (c) To encourage the protection, enhancement
18-20.005 Uses. Sales, Leases, or Transfer of or restoration of the biological, aesthetic, or
Interests in Lands, or Materials, scientific values of the preserves, including but not
Held by the Board, (Repealed) limited to the modification of existing manmade
18-20.006 Cumulative Impacts. conditions toward their natural condition, and
18-20.007 Protection of Riparian Rights. discourage activities which would degrade the
(Repealed) aesthetic, biological, or scientific values, or the
quality, or utility of 2 preserve, when reviewing
18-20.008 Inclusion of Lands, Title to Which applications, or when developing and implementing
Is Not Vested in the Board, in a management plans for the preserves;
Preserve. (f)To preserve, promote, and utilize indigenous
18-20.009 Establishment or Expansion of life forms and habitats, including but not limited to-.
Aquatic Preserves.
18-20.010 Exchange of Lands. sponges, soft coral, hard corals, submerged grasses,
18-20.011 Gifts of Lands. mangroves. sail water marshes, fresh water
18-20.012 Protection (if Indigenous Life marshes, mud flats, estuarine. aquatic, and marine
reptiles, game and non-game fish species. estuarine,
Forms. aquatic and marine invertebrates, estuarine,
18-20.013 Development of Resource aquatic and marine mammals, birds, shellfish and
Inventories and Management
Plans for Preserves. mollusks;
18-20.014 Enforcement. (g) To acquire additional title interests in lands
18-20.015 Application Form. (Repealed) wherever such acquisitions would serve to protect or
18-20.016 Coordination with Other enhance the biological, aesthetic, or scientific values
Governmental Agencies. of the preserves;
18-20.017 Lake Jackson Aquatic Preserve. (h) To maintain those beneficial hydrologic and
biologic functions, the benefits of which accrue to
Library References: RipariAn rights to navigable waters, the public at large.
L Henry Dean. 55 Fla. Bar J. 247, 250 (Mar.. 1981). (4) Nothing in these rules shall serve to
18-20.001 Intent. eliminate or alter the requirements or authority (if
(1) All sovereignty lands within 2 preserve shall other governmental agencies, inciuding counties
be managed primarily for the maintenance or and municipalities, to protect or enhance the
essentially natural conditions, the propagation or preserves provided that such requirements or
fish and wildlife, and public recreation, including authority are not inconsistent with the am and this
hunting and fishing where deemed appropriate by chapter.
the board, and the managing agency- SPecific AuthoritY 120.53, 258.43(1) F.S. Law
(2) The aquatic preserves which are described in Implemened 258.35,258.36.258.37,258.39,258.393 FS.
Chapter 80-280 Laws of Florida. History-New 2-23-81.
73-534, Laws of Florida. Sections 258.39, 258.391 Amended 8-7-85, Formerly 16Q-20.01, Transferred from
258.392 and 258.393, Florida Statutes, future' 16Q-20.001.
aquatic preserves established pursuant to general Or
special acts of the legislature. and in Rule 18-20.002 Boundaries and Scope of the
18-20.002, Florida Administrative Code, were Preserves.
established for the purpose or being preserved in an (1) These rules shall only apply in those
essentially natural or existing condition so that their sovereignty lands within a preserve, title to which is
aesthetic, biological and scientific values may vested in the board, and those other lands for which
endure for the enjoyment of future generAtions. the board has an appropriate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizinz the inclusion of
managed in accorance with the following goals: specific lands in an aquatic preserve pursuant to
(a) To preserve, protect, and enhance these Section 2(2) Of Chapter 73-534, Laws of Florida,
exceptional areas of sovereignty submerged lands by Sections 258.40(1) and 258.41(5), Florida Statutes,
reasonable regulation or human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature, and
implementation of a comprehensive management pursuant to Rule 18-20.008. Florida
program; Administrative Code. Any publicly owned and
(b) To protect and enhance the waters or the maintained navigation channel authorized by the
preserves so that the public may continue to enjoy United States Congress, or other publiC WOrksS
the traditional recreational uses (if those waters such project authorized by the United States Congress,
as swimming, boating, and fishing. designed to improve or maintain commcerce and
navigation shall be deemed to be excluded from the

(R. 3/87)
18-20.002 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2P

provisions Of this chapter, pursuant to Subsection 181, pages 363-366. and in the Official Records of
258.40(2). Florida Statutes. Furthermore. all lands Flagier County in Book 33, pages 131-134.
lost by avuision or by artificially induced erosion 4. Tamoka Marsh Aquatic Preserve. as
shall be deemed excluded from the provisions of this described in the Official Records of Flagier County
chapter pursuant to Subsection 258.40(3). Florida in Book 33. pages 135-138, and in the official
Statutes. Records of Volusia County in Book 1244, pages
(2) These rules do not apply to Boca Ciega Bay. 615-618.
Pinellas County or Biscayne Bay Aquatic 5. Wekiva River Aquatic Preserve, as described
Preserves. in Section 258.39(30). F.S.
(3) These rules are promulgated to clarify the 6. Mosquito Lagoon Aquatic Preserve. as
responsibilities of the board in carrying out it land described in the Official Records of Volusia County
management functions as those functions apply in Book 1244, paces 619-623, and in the Official
within the preserves Implementation and Records of Brevard County in Book 1143, pages
responsibility for environmental permitting of 190-194.
activities and' water quality protection within the 7. Banana River Aquatic Preserve. as described
preserves are vested in the Department of in the Official Records (if Brevard County in Book
Environmental Regulation. Since these rules are 1143,-pages 195-198, less those lands dedicated to
considered cumulative with other rules. a person the U. S. A. prior to the enactment of the act. until
planning an activity within the preserves should such time as the U. S. A. no longer wishes to
also consult the other applicable department rules maintain such lands for the purpose for which they
(Chapter 18-21, Florida Administrative Code, for were dedicated, at which time such lands would
example) as well as the rules of the Department of revert to the board, and be managed as part of the
Environmental Regulation. preserve.
(4) These rules shall not affect previous actions 8. Indian River - Malabar to Sebastian
or the board concerning the issuance of any Aquatic Preserve, as described in the Official
casement or lease; or any disclaimer concerning Records of Brevard County in Book 1143. pages
sovereignty lands. 199-202. and in the Official Records of Indian
(5) The intent and specific provisions expressed River County in Book 368, pages 5-8.
in 18-20.001(c) and (1) apply generally to 211 9. Indian River - Vero Beach to Fort Pierce
existing or future aquatic preserves within the scope Aquatic Preserve, as described in the Official
of this chapter. Upon completion or a resource Records of Indian River County in Book 368, pages
inventory and approval of a management plan for a 9-12, and in the Official Records or SL. Lucie
preserve, pursuant to 18-20.013, the type County in Book 187, pages 1083-1086.
designation and the resource sought to be preserved 10. Jensen Beach to Jupiter Inlet Aquatic
may be readdressed by the Board. Preserve, as described in the Official Records of St.
(6) For the purpose of clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve, as
follows do not include any land which is expressly described in the Official Records of Martin County
recognized as privately owned upland in a in Book 337, paces 2159-2162, and in the Official
pre-existing recorded mean high water line Records of St. Lucie County in Book 201, pages
settlement agreement between the board and a 1676-1679.
private owner or owners. Provided. however. in 12. Loxahatchee River - Lake Worth Creek
those instances wherein a settlement agreement was Aquatic Preserve, as described in the Official
executed subsequent to the passage of the Florida Records of Martin County in Book 320, pages
Coastal Mapping Act., the determination or the 193-196, and in the Official Records or Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act. 13. Biscayne Say - Cape Florida to Monroe
(7) Persons interested in obtaining details of County Line Aquatic Preserve, as described in the
particular preserves should contact the Bureau or Official Records of Dade County in Book 7055,
State Lands Management, Department of Natural pages 852-856, less, however, those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165, F. S.,
Tallahassee, FL 32303 (telephone 904-488-2297). (Biscayne Say Aquatic Preserve Act of 1974), and
(a) The preserves are described as follows: those lands and waters within the Biscayne
1. Fort Clinch State Park AquatiC Preserve, as National Park.
described in the Official Records of Nassau County 14. Lignumvitae Key Aquatic Preserve, as
in Book 108, pages 343-346, and in Book 111, page described in the Official Records of Monroe County
409. in Book 502, pages 139-142.
2. Nassau River - SL Johns River Marshes 15. Coupon Sight Aquatic Preserve, as
Aquatic Preserve, as described in the Official described in the Official Records of Monroe County
Records of Duval County in Volume 3183, pages in Book 502, pages 143-146.
547-552, and in the Official Records of Nassau 16. Cape Romano - Ten thousand Islands
County in Book 108, pages 232-237. Aquatic Preserve, as described in the Official
3. Pellicer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in the Official Records of St. Johns County in Book 298-301.

(R.3/87)
V. 9, p. 692-2Q FLORIDA AQUATIC PRESERVES 18-20.003

17. Rookerv Bay Aquatic Preserve, as described negotiate an arrangement with any such private
in Section 258.39(31), FS. upland owner by which such land may be included
18. Estero Bay Aquatic Preserve as described in in the preserve.
Section 258.39(28), Florida Statutes. 33. Terra Ccia Aquatic Preserve, as described in
19. Pint Island Sound Aquatic Preserve, as Section 258.393. Florida Statutes.
described in the Official Records of Lee County in 34. Future aquatic preserves established
Book 648, pages 732-736, pursuant to general or special acts of the legislature.
20. Matiacha Pass Aquatic Preserve, as Specific Authority, 120.53. 258.43(1) F.S. Law
described in the Official Records of Lee County in implemented 258.39. 258.391, 258.392 258.393, 258.40.
Book 800, pages 725-78. 258.41. 258.42 258.43. 258.44, 258.45 FS. History_
21. Gasparilla Sound - Charlotte Harbor New 2-23-81, Amended 8-7-85. Formerly 16Q-20.02,
Aquatic Preserve, as described in Section 258.392, Transferred from 16Q-20.002.
F.S. 18-20.003 'Definitions. When used in these
22. Cape Haze Aquatic Preserve, as described in rules, the following words shall have the indicated
Section 258.39(29), F.S. meaning unless the context clearly indicates
23. Cockroach Bay Aquatic Preserve, as otherwise:
described in Section 258.391, F.S. (1) "Act" means the provisions of Section 258.35
24. St. Martins Marsh Aquatic Preserve, as through 258.46, F.S., the Florida Aquatic Preserve
described in the Official Records of Citrus County Act.
in Book 276, pages 239-241. (2) "Activity" means any project and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring board
described in the Official Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 98, pages 82-85. interest in sovereignty lands or materials, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of
described in the Official Records of Gulf County in Environmental Regulation.
Book 46, pages 77-81. and in the Official Records of (3) "Aesthetic values" means scenic
Franklin County in Volume 98, pages 102-106. characteristics or amenities of the preserve in its
27. St. Joseph Bay Aquatic Preserve, as essentially natural state or condition, and the
described in the Official Records of Gulf County in maintenance thereof.
Book 46, pages 73-76. (4) "Applicant" means any person making
28. St. Andrews State Park Aquatic Preserve, as application for a permit., license, conveyance of an
described in the Official Records of Bay County in interest in state owned lands or any other necessary
Book 379, pages 547-550. form of governmental approval in order to perform
29. Rocky Bayou State Park Aquatic Preserve, an activity within the preserve.
as described in the Official Records or Okaloosa (5) "Beneficial biological functions" means
County in Book 593, pages 742-745. interactions between flora, fauna and physical or
30. Yellow River Marsh Aquatic Preserve. as chemical attributes of the environment, which
described in the Official Records or Santa Rosa provide benefits that accrue to the public at large,
County in Book 206, pages 568-571. including, but not limited to: nutrient, pesticide and
31. Fort Pickens State Park Aquatic Preserve, as heavy metal uptake; sediment retention; nutrient
described in the Official Records of Santa Rosa conversion to biomass; nutrient recycling and
County in Book 220, pages 60-63, in the Official oxygenation.
Records of Escambia County in Book 518, pages (6) "Beneficial hydrological functions" means
659-662, less the lands dedicated to the U. S. A. for interactions between flora, fauna and physical
the establishment of the Gulf Islands National geological or geographical attributes of the
Seashore prior to the enactment of the am. until such environment, which provide benefits that accrue to
Lime as the U. S. A. no longer wishes to maintain the public at large, including, but not limited to:
such lands for the purpose for which they were retardation of storm water flow; storm water
dedicated, at which time such lands would revert to retention: and water storage, and periodical release:
the board and be managed as part of the preserve. (7) "Biological values" mean's the Preservation
32. For the purpose of this section the and promotion of indigenous life forms and habitats
boundaries of the Lake Jackson Aquatic Preserve, including, but not limited to: sponges, soft corals,
shall be the body of water in Leon County known as hard corals, submerged grasses, mangroves,
Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14, saltwater marshes, fresh water marshes, mud nats,
Township I North. Range I West and Sections 11, marine, estuarine, and aquatic reptiles, games and
12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, non-games Fish species, marine, estuarine, and
and 35, Township 2 North, Range I West lying aquatic mammals, marine, estuarine, and aquatic
below the ordinary high water line.Such lands shall invertebrates, birds and shellfish.
include the submerged bottom lands and the water (8) "Board" means the Governor and Cabinet
column upon such lands, as well as all publicly sitting as the Board of Trustees of the Internal
owned islands, within the boundaries of the Improvement Trust Fund.
preserve. Any privately held upland within the (9) "Channel" means a trench, the bottom or
boundaries of the preserve shall be deemed to be which is normally covered entirely by water, with
excluded therefrom; provided that the Board may the upper edges of its sides normally below water.

(R.3/87)
18-20.003 INTERNAL IMPROVEMENT TRUST FUND V. 9. P. 692-2R

(10) "Commercial. industrial and other revenue (22) "Preserve" means any and all of those areas
generating/income related docks" means docking which are exceptional areas of sovereignty lands
facilities for an activity which produces income, and the associated water body so designated in
through rental or anv other means, or which serves Section 258.39, 258.391. and 258.392. F.s..
as an accessory facility to other rental, commercial including all sovereignty lands, to which is
or industrial operatlions. It shall include. but not be vested in the board. and such other lands as the
limited to docking for. marinas. restaurants. hotels. board may acquire or approve for inclusion. and the
motels, commercial Fishing, shipping, boat fir ship water column over such lands. which have been set
construction, repair. and sales. aside to be maintained in in essentially natural or
(11) "Department" means the State of Florida existing condition of indigenous flora and fauna and
Department of Natural Resources. as administrator their supporting habitat and the natural scenic
for the board. qualities and amenities thereof.
(12) "Division" means the Division of State (23) "Private residential single dock" means a
Lands, which performs all staff duties and functions dock which is used for private, recreational or
related to the administration of lands title to which leisure purposes. for a single family residence.
is. or will be, Vested in the board, pursuant to sect ion cottage or other such single dwelling unit and which
253.002, F.S. is designed tit moor no more than two boats.
(13) "Dock" means a fixed or floating structure. (24) "Private residential multi-Slip dock" ,means
including moorings, used for the purpose of a docking facility which is used for private
berthing buoyant vessels either temporarily or recreational or leisure purposes for multi-unit
indefinitely. residential dwellings which shall include but is not
(14) "Essentially natural condition" means limited to condominiums, townhouses. subdivisions
those functions which support the continued and tither such dwellings or residential ;areas and
existence or encourage the restoration of the diverse which is designed to moor three or more boats.
population of indigenous life forms and habitats it) Yacht ClUbS associated with residential
the extent they existed prior to the significant developments, whose memberships or utilization of
development adjacent to and within the preserve. the docking facility requires some real property
(15) "Extreme hardship" means a significant interest in the residential area. shall also he
burden, unique to the applicant and not shared by included.
property owners in the area. Self-imposed (25) "Public interest" means demonstrable
circumstances caused to any degree by actions of any environmental, social, and economic benefits which
person subsequent to the enactment of the Act shall would accrue to the public at large as a result of a
not be construed as an extreme hardship. Extreme proposed action. and which would clearly exceed all
hardship under this act shall not be construed to demonstratale environmental, social, and economic
include any hardship which arises in whole or in costs of the proposed action. In determining the
part from the effect of other federal, state or local public interest in a request for use, sale. lease, or
Laws, ordinances, rules or regulations. The term transfer of interest in sovereignty lands or severance
may be inherent in public projects which are shown of materials from sovereignty lands, the board shall
to be a public necessity. consider the ultimate project and purpose to be
(16) "Fill" means materials from any source, served by said use, sale, lease. or transfer of lands or
deposited by any means onto sovereignty lands, materials.
either for the purpose of creating new uplands or for (26) "Public navigation project" means a Project
any other purpose, including spoiling of dredged primarily for the purpose of navigation which is
materials. For the purpose of this rule, the authorized and funded by the United States
placement of pilings or riprap shall not be Congress or by port authorities as defined by
considered to be filling. Section 315.02(2), F.S.
(17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or
lands, title to which is vested in the board, granted in improvements required for the protection of the
accordance with specific terms set forth in writing. health and safety of the public, consistent with the
(18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production site to the Commission, or which are provided by rural
consumer. cooperatives. municipaiities, Or other governmental
(20) "Person" means individuals, minors, agencies, including electricity, telephone, pubiic
partnerships, corporations, joint ventures, estates, water and wastewater services, and structures
trusts. syndicates, fiduciaries, firms, and all other necessary for the provision of these services.
associations and combinations, whether public or (29) "Quality of the preserve" means the degree
private, including governmental entities. of the biological, aesthetic and scientific values of the
(21) "Pier" means a structure in, on, or over preserve necessary For present and future enjoyment
sovereignty lands, which is used by the public of it in an essentially natural condition.
primarily for fishing, swimming, or viewing the (30) "Resource management agreement" means
preserve. A pier shall not include a dock. a contractual agreement between the board and one

(R. 3/87)
V. 9, p. 692-2S FLORIDA AQUATIC PRESERVES 18-20.004

for more parties which dives not create an interest in water and where the use of the water or sovereignty
real property but merely authorizes conduct of lands is an integral pan of the activity.
certain management activities on lands held by the Specific Authority, 258,43(1)FS. Law Implemented
board. 258.37, 258.43(l) FS. History-New 2-25-81. Amended
(31) "Resource Protection Area (RPA) I" - 8-7-85. Formerly 16Q-20.0.3.Transferred from
Areas within the aquatic preserves which have 16Q-20.003.
resources of the highest quality and condition for 18-20.004 Management Policies, Standards
Mat area. These resources may include, but are not and Criteria. The following management policies,
limited to corals; marine grassbeds; mangrove standards and criteria arc supplemental to Chapter
swamps; salt-water marsh; oyster bars; 18-21, Florida Administrative Code (Sovereignty
archaeological and historical sites; endangered or Submerged Lands Management) and shall be
threatened species habitat; and, colonial water bird utilized in determining whether to approve.
nesting sites. approve with conditions or modifications or deny all
(32) "Resource Protection Area 2"-- Areas requests for activities on sovereignty lands in
within the aquatic preserves which are in transition aquatic preserves.
with either declining resource protection area 1 (1) GENERAL PROPRIETARY
resources or new pioneering resources within (a) In determining whether to approve or deny
resource protection area 3. any request the Board will evaluate each on a
(33) "Resoure Protection Area 3" - Areas case-by-case basis and weigh any factors relevant
within the aquatic preserve that are characterized under Chapter 253 and/or 258.Florida Statutes.
by the absence of any significant natural resource The Board, acting as Trustees for all state-owned
attributes. lands, reserves the right to approve, modify or reject
(34) "Riparian rights" means those rights any proposal.
incident to lands bordering upon navigable waters, (b) There shall be no further sale, lease or
as recognized by the courts of this State and common transfer of sovereigntv lands except when such sale,
law. lease or transfer is in the public interest (see Section
(35) "Sale" means a conveyance or interest in 18-20.004(2) Public Interest Assessment Criteria).
lands, by the board, for consideration. (c) There shall be no construction of seawalls
(36) "Scientific values" means the preservation Waterward of the mean or ordinarv high water line.
and promotion of certain qUalities or features which or filling waterward of the mean or ordinary high
have scientific significance. water line except in the case of public road and
(37) "Shore protection structure" means a type bridge projects where no reasonable alternative
of coastal construction designed to minimize the rate exists.
of erosion. Coastal conStruction includes anv work (d) There shall, in no case, be any dredging
or activity which is likely to have a material physical waterward of the mean or ordinary high water line
effect on existing coastal conditions or natural shore for the sole or primary purpose of providing Fill for
processes. any area landward of the mean or ordinary high
(38) "Sovereignty lands" means those lands water line-
including, but not limited to: tidal lands, islands, (c) A lease, casement or consent of use may be
sandbars, shallow banks, and lands waterward or authorized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation project;
State of Florida acquired title on March 3, 1845, by 2. maintenance of an existing navigational
virtue of statehood, and of which it has not since channel;
divested its title interest- For the purposes of this 3. installation or maintenance of approved
rule sovereignty lands shall include all submerged navigational aids;
lands within the boundaries of the preserve, title to 4. Creation or maintenance of a
which is held by the board. commercial /industrial dock, pier or a marina;
(39) "Spoil" means materials dredged from 5. creation or maintenance of private docks for
sovereignty lands which art redeposited or
discarded by any means, onto either sovereignty reasonable ingress and egress of riparian owners;
6. minimum dredging for navigation channels
lands or Uplands. attendant to docking facilities;
(40) "Transfer" means the act of the board by 7. creation or maintenance of a shore protection
which anv interest in lands, including casements, structure;
other than sale or lease, is conveyed. 8. installation or maintenance of oil and gas
(41) "Utility of the preserve" means fitness or transportation facilities;
the preserve for the present and future enjoyment of 9. creation, maintenance, replacement or
its biological, aesthetic and scientific values, in an expansion or facilities required for the provision of
essentially natural condition. public utilities; and
(42) "Water dependent activity" means an 10. other activities which are a public necessity
activity which can only be conducted on, in, over, or or which are necessary to enhance the quality or
adJacent to, water areas because the activity utility Of the preserve and which are consistent with
requires direct access to the water body or the act. and this chapter.
sovereignty lands for transportation, recreation,
For activities listed in paragraphs
energy production or transmission, or source of 18-20.004(l)(c) I.- 10. above, the activity shall, be

(R. 3/87)
18-20.004 INTERNAL IMPROVEMENT TRUST FUND V. 9, P.692-2T

designed so (hat the structure or structures to be 2. provide boating and marina services (repair,
built in. on or over sovereignty lands are limited to PUMPOUT, etc.);
structures necessary to conduct water dependent 3. improve and enhance public health, safety,
activities. welfare, and law enforcememt:
(g) For activities listed in paragraphs 4. improved public land management,
18-20.004(l)(c)7., 8., 9. and 10. above, it must be 5. improve and enhance public navigation;
demonstrated that no other reasonable alternative 6. improve and enhance water quality
exists which would allow the proposed activity to be 7. enhancement /restoration of natural habitat
constructed or undertaken outside the preserve. and functions; and
(h) The use of state-owned lands for the purpose 8. improve/protect
of providing private or public road access it) islands endangered /threatened/ unique species.
where such access did not previously exist shall be (c) COSTS:
prohibited. The use of state-owned lands for the 1. reduced /degraded water quality;
purpose of providing private or public water supply 2. reduced/degraded natural habitat and
to islands where such water supply did not function;
previously exist shall be prohibited. 3. destruction, harm or harassment of
(i) Except for public navigation projects and endangered or threatened species and habitat;
maintenance dredging for existing channels and 4. preemption of public use;
basins, any areas dredged to improve or create 5. increasing navigational - hazards and
navigational access shall be incorporated into the congestion;
preempted area of any required lease or be subject to 6. reduced /degraded aesthetics, and
7. adverse cumulative impacts.
the payment of a negotiated private casement fee.
(j) Private residential multi-siip docking (d) EXAMPLES OF SPECIFIC BENEFITS:
facilities shall require a lease. 1. donation of land, conservation casements,
(k) Aquaculture and beach renourishmcnt restrictive covenanus or other title interests in or
activities which comply with the standards of this contiguous to the aquatic preserve which will
rule chapter and Chapter 18-21, Florida protect or enhance the aquatic preserve;
Administrative Code, may be approved by the 2. providing access or facilities for public land
board, but only subsequent to a formal finding of management activities;
compatibility with the purposes of Chapter 258, 3. providing public access easements and/or
Florida Statutes, and this rule chapter. facilities, such as beach access, boat ramps, etc.,
(1) Other uses of the preserve. or human activity 4. restoration /enhancement of altered habitat or
wiLhin the preserve, although not originally natural functions, such as conversion of vertical
contemplated, may be approved by the board, but bulkheads to riprap and/or vegetation for shoreline
only subsequent to a formal finding Of compatibility stabilization or re-establishment or shoreline or
with the purposes or Chapter 258, Florida Statutes, submerged vegetation;
and this rule chapter. 5. improving fishery habitat through the
(2) PUBLIC INTEREST ASSESSMENT establishment or artificial reefs or other such
CRITERIA projects, where appropriate;
In evaluating requests for the sale- lease or 6. providing sewage pumpout facilities where
transfer of interest, a balancing test will be utilized normally not required in particular. facilities open
to determine whether the social, economic and/or to the general public,
environmental benefits clearly exceed the costs. 7. improvements to water quality such as
(a) GENERAL BENEFIT/COST removal of toxic sediments, increased flushing and
CRITERIA: circulation, etc.;
1. any benefits that are balanced against the 8. providing upland dry storage as an alternative
costs of a particular project shall be related to the to Wetslip; and
affected aquatic preserve; 9. marking navigation channels to avoid
2. in evaluating the benefits and costs or each disruption of shallow water habitats.
request. specific consideration and weight shall be (3) RESOURCE MANAGEMENT
given to the quality and nature of the specific (a) All proposed activities in aquatic preserves
aquatic preserve. Projects in the less developed, having management plans adopted by the Board
more pristine aquatic preserves such as must demonstrate that such activities are consistent
Apalachicola Bay shall be subject to a higher with the management plan.
standard than the more developed urban aquatic (b) No drilling of oil, gas or other such wells
preserves such as Boca Ciega Bay; and, shall be allowed.
3. for projects in aquatic preserves with adopted (c) Utility cables, pipes and other such
management plans.' consistency with the structures shall be constructed and located in a
management plan will be weighed heavily when manner that will cause minimal disturbance to
determining whether the project is in the pubiic submerged land resources such as oyster bars and
intest. submerged grass beds and do not interfere with
(b) BENEFIT CATEGORIES: traditional public uses.
1. public access (public boat ramps, boatslips, (d) Spoil disposal within the Preserves shall be
etc.); Strongly discouraged and may be approved only

OZ. 9189)
V. 9, p. 692-2U FLORMA AQuAT1C PRESERVES 19-20.004

structures shall bk- constructed and located in a 3. the dock will extend out from the shoreline no
manner that will cause minimal disturbance to further than to a maximum depth of minus four
submerged land resources such as oyster bars and - 4) feet (mean low water);
submerged grass beds and do not interfere with 4. when the water depth is minus four 4) feet
traditional public uses. (mean low water) at an existing bulkhead the
W Spilil disposal within the preserves shall be maximum dock length from the bulkhead shall be
strongiy diskvuraged and maN' be approved only 25 feet, subject to modifications accommodating
where the applicant has demonstrated that there is shoreline vegetation (overhang;
on other rcasnnable alternative and that activity 5. wave break devices, when necrmry, shall be
may be bencricial in, or at a minimum, not harmful designed to allow for maximum water circulation
to the quality and utility of the preserve. and shall be built in such a manner as to be part of
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions of this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional. ctimmon law and 7. dredging to obtain navigable W21er depths in
Statutory riparian rights of upland riparian conjunction with private residential, single dock
property owners adjacent to sovereignty lands. applications is strongly discouraged.
(b) The evaluation and determination (if the (c) Private residential muiti-slip docks shall
reasonable riparian rights of ingress and egress (fir cimform to the following specific design standards
private, residential muht-slip docks shall be based and criteria:
upon the number of linear feet of riparian shoreline. 1. the area (if sovereignty, submerged land
(c) For the purposes fir this rule, a private, preempted by the docking facility shall not cxceed
residential, single docking facility which meets all the square footage amounting to ten times the
the requirements of Rule 19-20.004(5) shall be riparian waterfront footage of the affected
deemed to meet the public interest rcquirtmcnts of waterbody of the applicant, or the square footage
Rule 16-20.004(l)(b), Florida Administrative attendant to providing a single dock in accordance
CA)dc. However, the applicants for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all of the requirements and standards of this rule other such use restriction acceptable to the "rd
chapter. must be placed on the riparian shoreline, used for
(5) STANDARDS AND CRITERIA FOR the calculation of the 10: 1 threshold, to conserve and
DOCKING FACILITIES protect shoreline resources and subcordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights or ingress and egress for
multi-slip residential or commercial, shall be additional docking facilities;
subject to the following standards and criteria: 2. docking facilities and access channels shall be
1. no dock shall extend waLcrward or the mean prohibited in Resource Protection Area I or 2,
or ordinary high water line more than 500 feet or 20 except as allowed pursuant to Scmion
percent or the width or the waterbody at that 258.42(3)(c) I., Florida Statutes, while dredging in
particular location whichever is less; Resource Protection Area 3 shall be strongly
2. certain docks may fall within arras of special discouraged;
or unique importance. The= arras may be or 3. docking facilities shall only be approved in
significant biological, scientific, historic and/or locations having adequate existing water depths in
aesthetic value and require special management the boat mooring, turning basin, a channels,
cnnsi6cr2tions. Modifications may be more and other such areas which will accommodate the
restrictive than the normally accepted criteria. Such proposed boat use in order to insure that a minimum
modifications shall be determined on a casc-by-case of one foot clearance is provided between the deepest
analysis., and may include, but shall not be limited to draft of a vessel and the bnttom at mean low water;
changes in ioczition, configuration, length, width A. main access docks and connecting or cross
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths, drafts and types of 5. terminal platforms shall not exceed eight (8)
vc=is allowed in utilize the proposed facility may feet in width;
also be stipulated; and 6. Finger piers shall nni exceed three (3) feet in
A. where local governments have morr stringent width, and 25 feet in length;
standards and criteria for docking facilities, the 7. pilings may be utilized as required to provide
more stringent standards (fir the protection and adequate mooring capabilities; and
enhancement of the aquatic preserve shall prevail. S. the following provisions of Rule
(b) Private residential sinvic docks shall 18-20.004(5)(d) shall also apply to private
conform it) the following specific design standards residential multi-slip dof:ks.
and criteria: (d) Commercial. industrial and other revenue
1. any main access dock' shall be limited to 2 genera t i ng/i ncome related docking facilities shall
maximum width of four (4) feet; conform to the following speciric design standards
2. the dock decking design and construction will and criteria:
insure maximum light penetration- with full 1. docking facilities shall only be lcocztcd in or
consideration of safety and practicality; ncar areas with good circulation, fliushing and
79 adequate water depths;

(R. 9/38)
18-20.006 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2V

2. docking facilities and access; channels shall be Cockroach Bay April 21, 1987
prohibited in Resource Protection Area I or 2, Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(c)1., Florida Statutes; while dredging in (Cape Haze,
Resource Protection Area 3 shall be strongly Gasparilla
discouraged; Sound-Charlotte
3. the docking facilities shall not be located in Harbor, Matiacha
Resource Protection Area I or 2; however, main Pan and Pine Island
access docks may be allowed to pass through Sound) May 18, 1983
Resource Protection Area I or 2, that are located Indian River-Maiabar
along the shoreline. to reach an acceptable Resource to Vero Beach January 21, 1986
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vern Beach to Fort
4. beginning July 1, 1986 new docking facilities Pierce and Jensen
may obtain a lease only where the local governments Beach to Jupiter
have an adopted marina plan and/or policies Inlet) January 22, 1985
dealing with the siting (if commercial /industrial Loxahatchee
and private, residential, multi-slip docking facilities River-Lake Worth
in their local government comprehensive plan; Creek June 12, 1984
5. the siting of the docking facilities shall also Nassau River-St.
take into am-count the access of the boat traffic to Johns River Marshes
avoid marine grassbeds or other aquatic resources in and Fort Clinch
the surrounding areas; State Park April 22, 1986
6. the siting (if new facilities within the preserve North Fork of the St.
shall be secondary to the expansions or existing Lucie River May 22, 1984
facilities within the preserve when such expansion St. Joseph Bay June 2, 1997
is consistent with the other standards; St. Martins Marsh September 9, 1987
7. the location of new facilities and expansion of Terra Ceia April 21, 1987
existing facilities shall consider the use of upland Wekiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Authority 258-43(1) FS. Law Implemented
docking; 258.41, 258.42. 258.43(1), 258.44 FS. HistorY--New
8. marina siting will be coordinated with local 2-25-91. Amended 6-7-85, Formerly 16Q-20.004,
governments to insure consistency with all local Transferred from 16Q-20.004, Amended 9-4-88.
plans and ordinances; 18-20.005 Uses, Sales,Leases or Transfer of
9. marinas shall not be sited within state interests in Lands or Materials, Held by the
designated manatee sanctuaries. and Board.
10. in any areas with known manatee Specific Authority 258.43(1) FS. Law Implemented
concentrations, manatee warning/notice and/or 253.02 253.12 258.42 FS. History-New 2-25-81,
speed limit signs shall be erected at the marina Repealed 8-7-83, Formerly 16Q-20.05, Transferred from
and/or ingress and egress channels, according to 16Q-20.005.
Florida Marine Patrol specifications. 18-20.006 Cumulative Impacts- In evaluating
(c) Exceptions to the standards and criteria applications for activities within the preserves or
listed in Rule 18-20.004(5). Florida Administrative which may impact the preserves, the department
Code, may be considered, but only upon recognizes that, while a particular alteration of the
demonstration by the applicant that such exception$ preserve may constitute a minor change, the
art necessary to insure reasonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments to the resources of the
(6) MANAGEMENT AGREEMENTS preserve. Therefore, the department shall evaluate
The board may enter into management a particular site for which the activity is proposed
agreements with local agencies for the with the recognition that the activity may, in
administration and enforcement of standards and conjunction with other activities adversely affect the
criteria for private residential single docks.
(7) In addition to the policies, standards and preserve which is part of a complete and interrelated
system. The impact or a proposed activitv shall be
criteria delineated in subsections (1) through (6),
considered in light or its cumulative impact on the
the provisions or the following management plans preserve's natural system. The department shall
apply to specific aquatic preserves and art include as a part of its evaluation of an activity:
incorporated herein by reference. Where regulatory
(1) The number and extent of similar human
criteria in 18-20, F.A. C., may differ with specific
policies in the management plans listed herein, the actions within the preserve which have previously
affected or arc likely the affect the preserve, whether
general rule criteria shall prevail. considered by the department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17, 1985 (2) The similar activities within the preserve

(R.9/88)
V. 9, P. 692-2W FLORIDA AQUATIC PRESERVES 18-20.012

which are currently under consideration by the aquatic preserve system, subject to confirmation by
department; and the legislature.
(3) Direct and indirect effects upon the preserve (2) The board may, after public notice and
and adjacent preserves, if applicable, which may public hearing in the county or counties in which the
reasonably be expected to result from the activity; proposed expanded or new preserve is in be located,
and adopt a resolution formally setting aside such areas
(4) The extent to which the activity is consistent to be included in the system.
with management plans for the preserve, when (3) The resolution setting aside an aquatic
developed; and preserve area shall include:
(5) The extent to which the activity is (a) A legal description of the area to be included.
permissible within the preserve in accordance with A map depicting the legal description shall also be
comprehensive plans adopted by affected local attached.
governments, pursuant to section 163.3161, F.S., (b) The designation or the type of aquatic
and other applicable plans adopted by local state, preserved.
and federal governmental agencies; (c) A general statement or what is sought to be
(6) The extent to which the loss of beneficial preserved.
hydrologic and biologic functions would adversely (d) A statement that the area established as a
impact the quality or utility of the preserve; and preserve shall be subject to the management criteria
(7) The cxtcnt to which mitigation measures and directives of this chapter. -
may compensate qfor adverse impacts. (c) A directive to develop a natural resource
Specific Authority 256.43(1) FS. Law implemented inventory and 2 management plan for the area being
258.36. 258.124(8)256.4 FS. History-New, 2-25-81. established as an aquatic preserve.
Formerly 16Q-20.06. Transferred from (4) Within 30 days of the designation and
18-20.007 Protection of Riparian Rights. establishment of an aquatic preserve, the board
Specific Authority 258.43(1) FS. Law Implemented shall record in the public records of the county or
258.123. 258.124(g). 258.44 FS. History-New 2-25-81.
counties in which the preserve, is located a legal
Repealed 6-7-85. Formerly 16Q-20.07,Transferred from description of the preserve.
16Q-20.007. Specific Authority 258.43(1) FS. Law implemented
258.41 FS. History-New- 2-25-81, Formerly 16Q-20.09.
18-20.008 Inclusion of Lands, Title to Which Transferred from. 16Q-20.009,
Is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which art within 18-20.010 Exchange of Lands.The board in its
designated aquatic preserve boundaries, or adjacent discretion may exchange lands for the benefit of the
I hereto and which art owned by other governmental preserve, provided that:
agencies, may be included in an aquatic preserve (1) In no case shall an exchange result in any
upon specific authorization for inclusion by an land or water area being withdrawn from the
appropriate instrument in writing executed by the Preserve; and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which are within shall maintain or enhance the quality or utility of
designated aquatic preserve boundaries or adjacent the preserve.
therein,and whicharcin private ownership, may be Special Authority 258.43(l) FS. Law Implemented
included in an aquatic preserve upon specific 258.41(5). 258.42(1) FS. History-New 2-25-81,
authorization for inclusion by an appropriate Formerly 16A-20.10, Transferred from 16Q-20.010.
instrument in writing executed by the owner. 18-20.011 Gifu or Lands. The board in its
(3) The appropriate instrument shall be either a discretion may accept any gifts of lands or interests
dedication in perpetuity, or a lease. Such lease shall in lands within or contiguous to the preserve to
contain the following conditions: maintain or enhance the quality and utility of the
(a) The term of the lease shall be for 2 minimum preserve.
period of ten years. Special Authority 258.43(l) FS. Law implemented
(b) The board shall have the power and duty to 238.42(5) FS, History-New- 2-25-91,Formerly,
enforce the provisions of each lease agreement. and 16Q-20.11, Transferred from 16Q-20.011.
shall additionally have the power to terminate any
18-20.012 Protection of Indigenous Life
lease if the termination is in the best interest of the Forma&. The taking or indigenous life forms for sale
aquatic preserve system, and shall have the power to
or commercial use is prohibited, except that this
include such lands in any agreement for prohibition shall not extend to the commercial
management of such lands. taking or ran Fish, crustacea or mollusks, except as
(c) The board shall pay no more than $l per year prohibited under applicable laws, rules or
for any, such lease.
Specific Authority 258.43(t)FS. Law implemented regulations. Members of the public may exercise
258.40. 258.41 F.S. History-New 2-25-81, Formerly their rights it) Fish, so long as not contrary to other
16Q-20.08, Transferred from 16Q.008. statutory and regulatory provisions controlling suc
activities.
18-20.009 Establishment or Expansion of Special Authority 258.43(l) FS, Law Implemented
Aquatic Preserves. 258.43(l) FS. Histqory-New- 2-25-81, Formerly
(1) The board may expand existing preserves or 16Q-20.12. Transferred from 16Q.20.012.
establish additional areas to be included in the

(R.9/88)
INTERNAL IMPROVEMENT TRUST
18-20.017 V. 9, p. 692-2X
18-20.013 Development of Resource 18-20.017 LAke Jackson Aquatic Preserve. In
Inventories and Management Plans for addition to the provisions of Rules 18-20.001
Preserves. through 18-20.016. the following requirements
(1) The board authorizes and directs the division shall also apply to all proposed activities within the
to develop a resource inventory and management Lake Jackson Aquatic Preserve. If any provisions of
plan for each preserve. this Rule are in conflict with any provisions of Rules
(2) The division may perform the work to 18-20.001 through 16-20-016 or Chapter 73-534,
develop the inventories and plans. or may enter into Laws of Florida. the stronger provision for the
agreements with other persons to perform the work. protection or enhancement of the aquatic preserve
In either cast, all work performed shall be subject to shall prevail.
board approval. (1) No further sale-, transfer or lease of
Specific Authority 258.43(1) FS. Law implemented sovereignty lands in the preserve shall be approved
253.03(7), 253.03(8) FS. History-New- 2-25-81. or consummated by the Board, except upon a
Ammended 8-7-85, Formerly 16Q.20.13, Transferred from showing of extreme hardship on the part of the
16Q-20.013.
applicant or when the board shall determine such
18-20.014 Enforcement. The rules shall be sale, transfer or lease to be in the public interest.
enforced as provided in Section 258.46. (2) No further dredging or filling of sovereignty
Specific Authority 258,43(1) FS. Law implemented lands of the preserve shall be approved or tolerated
258.46 FS. History-New 2-25-81. Formerly 16Q.20.14. by the Board of Trustees except:
Transferred from 16Q.20.14. (a) Such minimum dredging and spoiling as may
18-20.015 Application Form. be authorized for public navigation projects or for
Specific Authority 253.43(l) FS. Law implemented preservation of the lake according to the expressed
258.4.1 FS. History-New 2-25-81.Reapealed 6-7-85. intent of Chapter 73-534.Laws of Florida; and
Formerly 16Q-20.15. Transferred from 16Q.20.015. (b) Such tither alteration (if physical conditions
as may be necessary to enhance the quality or utility
18-20.016 Coordination with Other of the preserve.
Governmental Agencies- Where a Department or (3) There shall be no drilling or wells,
Environmental Regulation permit is required for excavation for shell or minerals, and no erection of
activities on sovereignty lands the department will structures (other than docks), within the preserve,
coordinate with the Department or Environmental unless such activity is 'associated with activity
Regulation to obtain a copy or the joint Department authorized by Chapter 73-534, Laws or Florida.
of Army/Florida Department of Environmental (4) The Board shall not approve the relocations
Regulation permit application and the biological or bulkhead lines within the preserve.
survey. The information contained in the joint (5) Notwithstanding other provisions of this act,
permit application and biological assessment shall the board may. respecting lands lying within the
be considered by the department in preparing its Lake Jackson basin:
staff recommendations to the board. The board may (a) Enter into agreements for and establish lines
also consider the reports of other governmental delincating sovereignty and privately owned lands-,
agencies that have related management or (b) Enter into agreements for the exchange and
permitting responsibilities regarding the proposed exchange sovereignty lands for privately owned
activity. lands;
Specific Authority 253.43(l) FS. Law implemented (c) Accept gifts or land within or contiguous to
238.43 FS. History-New 2-25-81. Formerly, 16Q-20.16.
Transferred from 16Q-20.016. the preserve.
Specific Authority 258.39(26) FS. Low implemented
258.39(26). 258.43.FS. History-New 5-7-85, Formerly,
16Q.20.017, Transferred from 16Q-20.017.

APPENDIX B

IA)CAL ORDINANCES & RESOLUTIONS

MARION COUNTY

ordinance 73-4: An emergency ordinance prohibiting
dredging, filling, earth moving and land clearing... for a
distance of 500 feet from the water's edge upon either mile
of Rainbow River or Blue Run, between Rainbow Springs and
the northern city limits of Dunnellon. (adopted June 14,
1973)

Ordinance 73-9: An ordinance regulating development in the
unincorporated area of Marion County along and 500 feet
upland of the Rainbow River. Establishes the need for a.
permit and the conditions of a permit for land clearing
between the OHWL and the 25 year flood plain; and for
construction, land clearing, and septic tank placement
between the 25 year floor plain elevation and the 100 year
flood plain elevation. (adopted November 13, 1973)

Ordinance 85-17: Section III: Prohibits food and non
alcoholic beverages in disposable container on Rainbow
River. Section IV: Makes possession of alcoholic beverages
on Rainbow River unlawful. Section V: Established a twenty
(20) miles per hour speed limit between October 16 of each
year and April 14 of the following year. Section VI:
Establishes a no wake-idle zone on Rainbow River from APril
15 to October 15 of each calendar year. Section VII:
Establishes a five miles per hour speed limit and a no wake-
idle speed only zone for motorboats upon the headwaters of
the Rainbow River and K.P. Hole at all times during the
year. Section VIII: Prohibits the operation of motors on
motorboats and other craft in designated environmentally
sensitive areas. (adopted October 22, 1985)

Ordinance 86-10: Prohibits SCUBA diving in the headwaters
of the Rainbow River.

Ordinance 88-4: Amends the zoning code of Marion County
affecting waterfront properties along designated water
bodies (including the Rainbow River). The ordinance
established the waterfront side of the lot as the front
yard. This in effect causes accessory structures with the
exception of swimming pools, septic drain-fields and wells
to be placed in either the side or back yards.

Ordinance 88-7: Because of recent sightings of manatee in
the Rainbow River, this ordinance establishes a No Wake-Idle
Speed only limit on the Rainbow River for the entire year.

Resolution 85-R-279: Creates a Rainbow River Advisory
Committee for the Marion Board of County Commissioners on
safety and environmental issues relevant to the Rainbow
River.

Resolution by Governor & Cabinet, June 1973: Requesting the
Marion County Commission to move swiftly to preserve the
natural integrity of the Rainbow River.

CITY OF DUNNELLON

Ordinance 85-8: Similar in part to County Ordinance 85-17.
makes possession and consumption of alcohol illegal. Also
prohibits food and non-alcoholic beverages in disposable
containers on the Rainbow River.

Ordinance 85-9: Similar in part to County Ordinance 85-17,
and establishes seasonal speed limits identical to those for
the unincorporated county.

jib
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