§ 62-3666. General provisions.

The following provisions shall apply to all Class I, II and III waters, Outstanding Florida Waters, Aquatic Preserves, and conditionally approved Class III shellfish harvesting waters within the county:

(1)

All alterations within the surface water protection buffer shall be reviewed and/or permitted by the county unless exempt pursuant to section 62-3669.

(2)

Projects within the surface water protection buffer requiring a surface water permit shall provide a restoration plan for temporary impacts. Temporary impacts shall be limited to the minimum alteration(s) necessary to accomplish the allowable use. The review, approval, and inspection of the temporary impact restoration plan shall be included as part of the Surface Water permit. Temporary impacts to wetlands shall only be allowed in accordance with chapter 62, article X, division 4.

(3)

Any alteration as allowed under this division, including redevelopment, within the surface water protection buffer shall require stormwater management so as not to degrade the receiving water body water quality. Properties shall, through the use of swales, berms, perforated pipe, native vegetation, or other appropriate methods; convey and detain stormwater runoff prior to discharge to the surface water.

a.

For activities in the surface water protection buffer, stormwater management shall include, but not be limited to:

i.

The provision of a stormwater system designed, signed, and sealed by a professional engineer registered in the State of Florida, which is consistent with Chapter 62-302 F.A.C., as amended, and is capable of preventing the first inch of runoff from a 25-year, 24-hour storm, from all impervious surfaces that drain to the property's shoreline from entering surface waters; or

ii.

A densely planted shoreline of viable native vegetation, a minimum of ten feet in width for the entire length of the shoreline. The types and numbers of plants, ground coverage, and stabilization shall be consistent with appendices B and C of chapter 62, article XIII, division 2 (landscaping, land clearing and tree protection), as amended, or as allowed by the director.

With the exception of activities that are exempt in accordance with section 62-3669, all requirements for stormwater management shall be reviewed, approved, and inspected by the county, as necessary.

b.

All discharges into surface waters shall not degrade existing water quality below existing conditions, or those outlined in Chapter 62-302, F.A.C., as amended.

c.

All stormwater management systems shall be maintained for functionality in perpetuity.

d.

Stormwater management retrofitting in accordance with this subsection, shall be required for all back lot drainage at the time of the allowable activity.

e.

Stormwater management systems shall demonstrate avoidance and minimization of impacts to native vegetation.

f.

The director may consider alternative stormwater management systems that utilize established low impact development best management practices.

(4)

Shoreline stabilization and bulkhead projects completed under a county, and state as applicable, permit may be located with the surface water protection buffer. Any shoreline project involving bulkheads, revetments, or retaining walls shall be implemented by a marine contractor licensed in the State of Florida, or by a person recognized by the director as qualified in construction in the marine environment. Alternatively, projects may be completed by a property owner/builder provided that the project is designed, signed, and sealed by a professional engineer registered in the State of Florida. Shoreline stabilization projects completed primarily by means of vegetation may be implemented by a person recognized by the director as qualified in the evaluation of environmental systems and vegetative resources, such as a biologist, environmental scientist, or landscaping professional.

(5)

All improvements, mitigations and special conditions approved or set forth by this division shall be required to be installed, constructed and maintained in a viable, approved, functional working order.

(6)

All alteration and development shall demonstrate avoidance and minimization of environmental impacts in accordance with chapter 62, article X, division 4.

(7)

Only vegetation identified in appendices B and C of chapter 62, article XIII, division 2 (landscaping, land clearing and tree protection), as amended, or as allowed by the director, shall be planted in the surface water protection buffer. Non-native invasive or undesirable plant species may be removed from the surface water protection buffer in the manner authorized in subsection 62-4334(4), as amended.

(8)

All applications for bulkheads and reinforced rock revetment habitats shall meet the following minimum criteria, as applicable:

a.

For lots along Class I waters, Class II waters, Class III shellfish harvesting areas, Aquatic Preserves, Outstanding Florida Waters, and Class III waters that are not in residential neighborhood canals, the following shall apply:

i.

New bulkheads shall be prohibited.

ii.

For those properties on the Indian River Lagoon system immediately between two adjacent existing bulkheads, NRMO may permit a reinforced rock revetment habitat, provided that all additional required permits and reviews from appropriate agencies have been obtained. All permitted structures shall be subject to the additional requirements of this division. When feasible, the bulkhead portion of the structure shall be located above the mean high-water line.

iii.

The permitted system design shall provide reasonable assurance that the erosion of the abutting properties will not be accelerated by the establishment of the applicant's bulkhead.

iv.

The permitted system shall meet the wetlands avoidance, minimization, and mitigation standards contained within chapter 62, article X, division 4.

v.

The repair and replacement of legally existing bulkheads shall be allowable in accordance with subsection (8)c. of this subsection.

vi.

Stormwater management shall be provided in accordance with subsection 62-3666(3).

vii.

Applications for permits along the Indian River Lagoon system shall be submitted to NRMO for a Surface Water permit. The applicant shall also obtain permits from state and federal agencies, as applicable.

b.

For lots along existing canals in residential neighborhoods, the following shall apply:

i.

The establishment of new bulkheads shall be permittable.

ii.

New bulkheads shall not increase the waterward extension of the existing shoreline except to locate parallel and in line with adjacent existing and legally permitted bulkheads. The director may consider alternative designs that compensate for shoreline irregularities.

iii.

New bulkheads shall meet the avoidance, minimization and mitigation standards contained within the wetlands protection regulations (article X, division 4, Brevard County Code, as amended).

iv.

The permitted bulkhead system design shall provide reasonable assurance that the erosion of the abutting properties will not be accelerated by the establishment of the applicant's bulkhead.

v.

The repair and replacement of legally existing bulkheads shall be allowable in accordance with subsection (8)c. of this subsection.

vi.

Stormwater management shall be provided in accordance with subsection 62-3666(3).

vii.

Applications for permits for any bulkhead on a canal shall be submitted to the Brevard County Building Department for a combined building/surface water permit.

c.

The repair and replacement of bulkheads may be permitted in accordance with the following:

i.

The repair and replacement of legally existing bulkheads on the Indian River Lagoon system shall be allowable, except where the existing structure is less than 50 percent functional per original constructed design and a reinforced rock revetment habitat is not permittable.

ii.

If permittable, the repair and replacement of bulkheads on the Indian River Lagoon system shall require the establishment of a reinforced rock revetment habitat.

iii.

If an existing bulkhead cannot be removed due to safety, structural, or other environmental concerns, the waterward extension of the new bulkhead, where practicable, shall meet the least waterward extension of these criteria:

a)

Shall not exceed a maximum of 18 inches from the existing waterward bulkhead face, except where otherwise permitted by FDEP.

b)

Shall be located parallel and in line with adjacent existing and legally permitted bulkheads.

c)

A bulkhead shall not extend further than 48 inches into a canal as recorded in the public records.

iv.

Stormwater management shall be provided in accordance with subsection 62-3666(3).

v.

For the repair and replacement of a bulkhead on a residential canal meeting all of the following criteria, NRMO shall review and approve only the required stormwater management system, and a surface water permit shall not be required:

a)

The restoration of a bulkhead at its previous location or immediately upland of or within 18 inches waterward of its previous location, as measured from the face of the existing bulkhead to the face of restored bulkhead.

b)

No filling can occur except in the actual restoration of the bulkhead.

c)

No construction shall be undertaken without necessary ownership or leasehold interest, especially where private and public ownership boundaries have changed as a result of natural occurrences such as accretion, reliction, and natural erosion.

d)

This exemption shall be limited to bulkheads that are 50 percent functional per original constructed design.

(9)

For shorelines where bulkheads and reinforced rock revetment habitats are prohibited, shoreline stabilization shall be allowed to protect structures and real property from both gradual and accelerated erosion. A county surface water permit for shoreline stabilization shall be obtained prior to any stabilization activities.

a.

Living shorelines shall be a preferred shoreline stabilization technique.

b.

Riprap material, rock revetments, pervious interlocking brick systems, filter mats, vegetation, and other allowable methods may be used as stabilization methods within the surface water protection buffer. The following standards shall be implemented unless the state provides alternative project-specific construction criteria:

i.

Material shall be natural or clean (free from reinforcing rods and other debris).

ii.

Rock size shall be one to three feet in diameter.

iii.

Slope shall be no steeper than two feet horizontal to one foot vertical.

iv.

Filter fabric shall be installed.

v.

Navigation shall not be impeded.

c.

If a revetment restoration or replacement project meets all of the following criteria, NRMO shall approve the required stormwater management system under an environmental review; however, a county surface water permit shall not be required:

i.

A SJRWMD or FDEP permit or exemption has been issued.

ii.

No filling can occur except in the actual restoration of the revetment.

iii.

The project will not require wetland impacts or the removal of native vegetation.

iv.

No construction shall be undertaken without necessary ownership or leasehold interest, especially where private and public ownership boundaries have changed as a result of natural occurrences such as accretion, reliction, and natural erosion.

v.

This exemption shall be limited to functioning revetments.

(10)

For any proposed shoreline stabilization, NRMO must be provided with plans, test results or other professionally accepted information that affirmatively demonstrates that any proposed shoreline stabilization project will not:

a.

Adversely impact water quality.

b.

Result in the loss of shoreline and aquatic vegetation.

c.

Adversely affect adjacent properties.

d.

Adversely affect biological communities.

e.

Increase the waterward extension of the existing shoreline, except as provided in subsection (8) of this section.

f.

Adversely affect the flow of water or create a navigational hazard.

(11)

During an emergency as declared by the Brevard County Board of County Commissioners, shoreline stabilization may be completed without a permit from NRMO. All work shall be accomplished in accordance with the criteria contained within this division. An after-the-fact permit at the standard fee shall be obtained from NRMO within 90 days of the end of the declared emergency. All applicants shall be subject to and responsible for obtaining all additional necessary federal, state, and local permits.

(12)

New navigation canals connected to the Indian River Lagoon system are not permitted. Existing ditches, drainage rights-of-way, drainage easements and stormwater facilities which connect to the Indian River Lagoon system shall not be widened or deepened to accommodate boat traffic, except when in the best public interest. New boat docks, boathouses and other related structures, or the expansion of these existing structures, shall not be allowed or permitted within or adjacent to existing ditches, drainage rights-of-way, drainage easements or stormwater facilities which connect to the Indian River Lagoon system. Maintenance of existing ditches, drainage rights-of-way, drainage easements or stormwater facilities which connect to the Indian River Lagoon system that have been specifically designated for boat traffic on subdivision plats or site plans, or which have been historically and effectively utilized for buoyant vessel navigation prior to the effective date of the ordinance from which this division is derived, shall be permitted upon review.

(13)

Marina siting criteria shall be as follows:

a.

Development of new residential/recreational, commercial/recreational and commercial/industrial marinas shall be subject to the following conditions:

i.

Marinas shall not be located in approved or conditionally approved shellfish harvesting waters or Class II waters so as to substantially and materially have a negative impact on these waters.

ii.

Commercial/recreational and commercial/industrial marinas shall not be located in Aquatic Preserves or Outstanding Florida Waters so as to substantially and materially have a negative impact on these waters.

iii.

All marinas shall affirmatively demonstrate compliance with Policy 9.9 of the conservation element and Objective 5 and subsequent policies of the coastal management element of the Brevard County Comprehensive Plan, as amended. The affirmation shall include, but not be limited to, siting, habitat, and water quality criteria.

b.

Redevelopment or expansion of existing residential/recreational, commercial/recreational and commercial/industrial marinas shall affirmatively demonstrate compliance with Policy 9.9 of the conservation element and objective 5 and subsequent policies of the coastal management element of the Brevard County Comprehensive Plan, as amended. The affirmation shall include, but not be limited to, siting, habitat, and water quality criteria.

(14)

Onsite sewage treatment and disposal systems.

a.

All onsite sewage treatment and disposal systems (OSTDS) shall be set back at least 100 feet from the buffer establishment line, the safe upland line, mean high water line or ordinary high water line, as determined by the FDEP bureau of survey and mapping, whichever line the applicant prefers.

b.

In those cases where there is insufficient lot depth, the OSTDS may be set back a minimum of 75 feet. Insufficient lot depth does not exist if the structure(s), driveway(s) or other features on the property can be moved and still comply with all applicable codes.

c.

Lots legally established and recorded prior to January 1, 1972, that cannot accommodate a 75-foot OSTDS setback due to insufficient lot depth shall meet FDOH siting criteria.

(15)

Reserved.

(16)

Approved alteration pursuant to this division that occurs within the surface water protection buffer shall be reviewed by NRMO. When a state permit is neither required nor obtained, NRMO shall have the authority to require the applicant to utilize temporary sediment or turbidity control methods during construction. All erosion control methods shall be submitted in writing, shall be approved by NRMO, and shall be installed by the applicant. Sediment and turbidity control methods shall be in place and maintained throughout the alteration process. Erosion and sedimentation control measures may include:

a.

Best management practices as outlined in the Florida Stormwater, Erosion, and Sedimentation Control Inspectors Manual, 2005, FDEP and Florida Department of Transportation, as amended; and as required by Chapter 62-25, F.A.C., as amended.

b.

A densely vegetated buffer in accordance with chapter 62, article XIII, division 2, appendices B and C, as amended, may effectively prevent sedimentation of the surface water body if the vegetation completely or nearly completely covers the ground. Vegetation buffers shall consist of existing vegetation with a greater than 75 percent understory cover and shall remain undisturbed. The removal of existing native vegetation for the replacement of non-native vegetation as a buffer requirement shall be prohibited. Minimum required buffer depths shall be 50 percent of the required surface water protection buffer depth. Additional temporary erosion control methods may be required during construction in conjunction with approved vegetation buffers.

(17)

For structures and impervious areas that existed prior to September 8, 1988, and exceed the allowable impervious impact criteria established herein, remodeling and other types of development which do not increase the amount of impervious surfaces within or threaten the integrity of the surface water protection buffer will be allowed. Proposed redevelopment may occur in the existing vertical envelope or may be relocated within the surface water protection buffer to achieve a net impact reduction. At a minimum, staff will assess the following mitigating factors:

a.

The applicant shall not increase the amount of impervious surfaces within the surface water protection buffer, regardless of location within the buffer.

b.

New impervious areas shall be located parallel with, or landward of, the waterward-most pre-existing impervious areas.

c.

Stormwater management in accordance with subsection 62-3666(3).

(18)

The release of petroleum or hazardous materials into Class I, II and III waters, Aquatic Preserves, Outstanding Florida Waters, and designated stormwater systems shall be prohibited.

(19)

The provisions of this division shall not prohibit the location or construction of public utility crossings or other similar public structures by public utilities, provided these utilities have received all additional required permits or approvals.

(Code 1979, § 14-79; Ord. No. 03-22, § 2, 5-20-03; Ord. No. 07-13, § 3, 4-5-07; Ord. No. 08-01, § 1, 1-8-08; Ord. No. 2011-15, § 6, 5-10-11; Ord. No. 2018-24, § 23, 10-9-18)