§ 62-3668. Class II waters, Outstanding Florida Waters, Aquatic Preserves, conditionally approved Class III shellfish harvesting waters and Class III waters.

The following regulations shall apply to development in and adjacent to Class II waters, Outstanding Florida Waters, Aquatic Preserves, conditionally approved Class III shellfish harvesting waters, and Class III waters:

(1)

Along Class II waters, Outstanding Florida Waters, Aquatic Preserves and conditionally approved Class III shellfish harvesting waters, a 50-foot surface water protection buffer extending landward from the buffer establishment line, or the ordinary high water line, mean high-water line, or the safe upland line as determined by the FDEP Bureau of Survey and Mapping, whichever the applicant prefers, shall be established.

(2)

Along Class III waters, except conditionally approved Class III shellfish harvesting waters, a 25-foot surface water protection buffer extending landward from the buffer establishment line, or the ordinary high water line, mean high-water line, or the safe upland line as determined by the FDEP bureau of survey and mapping, whichever the applicant prefers, shall be established.

(3)

Except as allowable under subsection 62-3668(7), primary structures shall not be allowed within the surface water protection buffer. Alteration or construction of accessory structures is allowable within the surface water protection buffer provided that:

a.

Stormwater management is provided in accordance with subsection 62-3666(3); and

b.

Impervious areas do not exceed 30 percent of the required buffer area, except for properties on existing residential canals; and

c.

The alteration occurs in accordance with all other applicable federal, state, and local regulations.

Alteration or construction other than that which is allowed 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.

(4)

All alteration shall demonstrate avoidance and minimization of surface water protection buffer impacts, including the location of the alteration within the most landward portion of the buffer, as practicable. The remainder of the surface water protection buffer shall be maintained in unaltered vegetation, except for non-native invasive plants as defined in section 62-4332, as amended. Approved shoreline stabilization systems and temporary access are not subject to the provisions of this section. This shall not preclude mitigation projects, the planting of native vegetation, or the development described in applicable sections of this division within the surface water protection buffer areas.

(5)

For projects or parcels with mangroves, mangrove alteration shall be in compliance with applicable federal and state regulations.

(6)

Temporary access shall be limited to the minimum alteration necessary to accomplish the allowable use and shall require an approved restoration plan in accordance with subsection 62-3666(2).

(7)

For residential lots platted or established by deed on the official record books of the county prior to September 8, 1988, a primary structure may be built within the surface water protection buffer, as indicted below, only if it can be shown that there is insufficient lot depth to allow the development of a primary structure as defined by the existing zoning classification of the property, and if all other alternatives and remedies are not applicable.

a.

Within Class II waters, Outstanding Florida Waters, Aquatic Preserves, and conditionally approved Class III shellfish harvesting waters, primary structures may be built within the landward 25 feet of the surface water protection buffer if all other requirements of this division are met.

b.

Within Class III waters, primary structures may be built within the landward ten feet of the surface water protection buffer if all other requirements of this division are met.

c.

Except for properties on existing residential manmade canals, the total amount of impervious area shall not exceed 30 percent of the required buffer area.

(8)

A surface water protection plan must be submitted to and approved by NRMO prior to the establishment of structures or uses described herein. The surface water protection plan must include:

a.

A survey of the property, signed and sealed by a surveyor registered in the state, locating the mean high-water line, the ordinary high-water line, buffer establishment line, or the safe upland line.

b.

A sketch, drawn to scale, on the survey indicating the location and building dimensions of the structures, and any proposed alteration of the surface water protection buffer.

c.

A description of the type of structures proposed and the construction materials to be used.

d.

A description of how stormwater management shall be provided in accordance with subsection 62-3666(3).

(9)

Dredging and filling shall not be permitted in or connected to Class II waters, Outstanding Florida Waters, Aquatic Preserves, and conditionally approved Class III shellfish harvesting waters unless:

a.

The activity is approved maintenance dredging on existing public navigational channels, or

b.

Where dredging is in the public interest by improving the water quality by removing accumulated silt or improving circulation, or

c.

For maintenance of existing structures and utility crossings, or

d.

For the construction of bulkheads or other shoreline stabilization methods as allowed by this division.

(10)

Discharges into Class II waters, Outstanding Florida Waters, Aquatic Preserves, and conditionally approved Class III shellfish harvesting waters shall not degrade existing water quality below existing conditions, or those standards outlined in Chapter 62-302, F.A.C., as amended, for Class II water bodies, whichever provides for better water quality.

(11)

Discharges into Class III waters shall not degrade existing water quality below existing conditions, or those standards outlined in Chapter 62-302, F.A.C., as amended, for Class III water bodies, whichever provides better water quality.

(12)

Within the surface water protection buffer, the storage of fertilizers, pesticides, hazardous materials or other pollutants which may run off into surface waters shall be prohibited unless the storage system is an above ground vehicular fuel system meeting the requirements of Chapter 62-762 F.A.C., as amended.

(Code 1979, § 14-81; Ord. No. 02-18, § 1, 4-30-02; Ord. No. 03-22, § 3, 5-20-03; Ord. No. 07-12, § 2, 4-5-07; Ord. No. 2011-15, § 8, 5-10-11)

Editor's note

Ord. No. 2011-15, § 8, adopted May 10, 2011, amended § 62-3668 title to read as herein set out. Former § 62-3668 title pertained to Class II waters, outstanding Florida waters, aquatic preserves, conditionally approved Class III shellfishing waters and Class III waters.