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Florida Administrative Code (Last Updated: April 18, 2024) |
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18. Board of Trustees of The Internal Improvement Trust Fund |
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D18. Departmental |
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18-18. Biscayne Bay Aquatic Preserve |
1Before the Board approves the sale, lease of transfer of interest in state lands or severance of materials therefrom, or the Secretary comments favorably concerning activities on private lands within the preserve, an applicant must affirmatively demonstrate, where applicable, that:
41(1) Proposed dredging is the minimum necessary to accomplish the stated purpose and that the activity is designed to minimize the need for maintenance dredging;
66(2) No new lands will be created by filling or spoiling unless no other alternative exists to accomplish the stated purposes, and project is designed to require the minimum filling to accomplish the stated purpose of the activity consistent with the protection of the preserve;
111(3) Marina facilities over water are restricted to those water dependent activities necessary to service boats and allow for fishing or fish cleaning activities and are designed to allow the unimpeded flow of water and minimize bottom shading;
149(4) Docks and piers are designed to allow the unimpeded flow of water and minimize bottom shading;
166(5) Utility cables are placed within the bottom or laid on the bottom and located along a route in a manner which will cause minimum disturbance to the marine habitats;
196(6) Dredged spoil materials are disposed of outside of the preserve unless the applicant affirmatively demonstrates that the spoil will not be harmful to or will benefit the quality or utility of the preserve.
230Rulemaking Authority 232258.397(4) FS. 234Law Implemented 236258.397(3), 237(4) FS. History–New 3-20-80, Formerly 16Q-18.05, 16Q-18.005.
