§ 62-3667. Class I waters.

The following regulations shall apply to development in and adjacent to Class I waters:

(1)

There shall be a 200-foot surface water protection buffer extending landward from the ordinary high water line, mean high water line, or safe upland line as determined or approved by the FDEP bureau of survey and mapping. In lieu of an approved ordinary high water line, mean high water line, or safe upland line, an alternative line that approximates the water/shoreline interface may be approved by the director.

(2)

Alteration within the surface water protection buffer other than that which is permitted under this division shall be prohibited, unless it is shown to be in the public interest and does not adversely impact water quality and natural habitat. Allowable uses within the surface water protection buffer are passive recreation, hunting, fishing, fish and wildlife management, open space and nature trails, and similar uses. Development within the surface water protection buffer is limited to structures for water access such as docks, boat ramps, pervious walkways, and elevated minor structures.

(3)

No more than 30 percent of any surface water protection buffer of a project or parcel, or the offshore emergent vegetation associated with a project or parcel, may be altered. This shall not preclude mitigation projects or the planting of native vegetation.

(4)

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

(5)

Dredging or filling of Class I waters shall be prohibited, except for permitted utility crossings, publicly owned recreational projects which do not degrade water quality, environmental restoration projects, necessary maintenance of existing projects, and projects with an overriding public benefit.

(6)

Development of mining operations shall not degrade water quality of Class I waters. No commercial borrow pits or mining operations shall be permitted within the ten-year floodplain of Class I waters.

(7)

The criteria contained in this section do not supersede the floodplain protection criteria set forth in chapter 62, article X, division 5.

(Code 1979, § 14-80; Ord. No. 2011-15, § 7, 5-10-11)