18-20.017. Lake Jackson Aquatic Preserve

In addition to the provisions of rules 18-20.001 through 18-20.016, F.A.C., except for those in subsection 18-20.004(5), F.A.C., the following requirements shall also apply to all proposed activities within the Lake Jackson Aquatic Preserve.

(1) No further sale, transfer or lease of sovereignty lands in the preserve shall be approved or consummated by the Board, except upon a showing of extreme hardship on the part of the applicant or when the Board shall determine such sale, transfer or lease to be in the public interest.

(2) No further dredging or filling of sovereignty lands of the preserve shall be approved or tolerated by the Board except:

(a) Minimum dredging and spoiling authorized under a valid wetland resource or environmental resource permit, as applicable, or an exemption under section 403.813(1), F.S., for public navigation projects or for preservation of the lake; and,

(b) Such other alteration of physical conditions as may be necessary to enhance the quality or utility of the preserve.

(3) There shall be no drilling of wells, excavation for shell or minerals, and no erection of structures (other than docks), within the preserve, unless such activity is associated with activity authorized by part II of chapter 258, F.S.

(4) The Board shall not approve the relocations of bulkhead lines within the preserve.

(5) Notwithstanding other provisions of this act, the Board may, respecting lands lying within the Lake Jackson basin:

(a) Enter into agreements for and establish lines delineating sovereignty and privately owned lands;

(b) Enter into agreements for the exchange and exchange sovereignty lands for privately owned lands;

(c) Accept gifts of land within or contiguous to the preserve.

(6) All docking facilities shall be subject to all of the following standards and criteria:

(a) No docking facility shall extend waterward of the 81-foot N.G.V.D. contour elevation or otherwise create a navigational hazard by extending farther waterward than the existing line of neighboring docks.

(b) The size of terminal platforms shall not exceed 160 square feet. Terminal platforms are authorized to be fixed or floating. Fixed portions of terminal platforms shall be elevated at or above 89.2 feet N.G.V.D., except that not more than 25 percent of the surface area of the terminal platform may be at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel. Terminal platforms shall not include covers and shall not be enclosed.

(c) Boat lifts are authorized to be a part of the docking facility.

(d) Mooring locations shall not include covers and shall not be enclosed.

(e) Main access docks shall be fixed (not floating) with a decking elevation at or above 89.2 feet N.G.V.D.

(f) Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading. Any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

(g) Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

(h) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas so as to accommodate boat use without causing bottom scouring or dredging.

(i) No dock shall extend waterward of the ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less.

(j) When the local government has more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail.

(k) Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

(7) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

(a) Main access docks shall be limited to a maximum width of four (4) feet.

(b) New dredging to obtain navigable water depths in conjunction with private residential, single-family docks is prohibited.

(8) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

(a) The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

(b) Main access docks and connecting or cross walks shall not exceed six (6) feet in width.

(c) Terminal platforms shall not exceed eight (8) feet in width.

(d) Finger piers shall not exceed three (3) feet in width, and 25 feet in length.

(e) If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

(f) The provisions of subsection 18-20.017(9), F.A.C., shall also apply to private residential multi-slip docks.

(9) Commercial, industrial and other revenue generating/income related docking facilities shall conform to the following specific design standards and criteria.

(a) Access channels shall be prohibited.

(b) Docking facilities shall be sited to ensure that boat access routes avoid injury to grassbeds or other aquatic resources in the surrounding areas.

(c) Expansion of existing facilities shall take precedence over approval of new facilities.

(d) Use of upland dry storage shall take precedence over the creation of new wet slips.

(e) The siting of new facilities within the preserve shall be secondary to the expansions of existing facilities within the preserve when such expansion is consistent with the other standards.

(f) The location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking.

(10) Alterations to the criteria in this section shall be authorized to accommodate persons with disabilities or to comply with the Americans with Disabilities Act.

(11) Existing docking facilities constructed in conformance with previously applicable rules of the Board and in conformance with applicable rules of the Department are authorized to be maintained for continued use subject to the current requirements of chapter 18-21, F.A.C. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules of the Board. This shall not be construed to prevent routine repair.

Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(26), 258.42, 258.43(1), 258.44 FS. History–New 8-7-85, Formerly 16Q-20.17, 16Q-20.017, Amended 9-29-97, 3-25-19.