18-21.005. Forms of Authorization

(1) The appropriate form of authorization, for activities that meet the applicable rules and statutes of the Board, shall be determined based on consideration of all of the provisions of this rule. It is the intent of the Board that the form of authorization shall grant the least amount of interest in the sovereignty submerged land necessary for the activity. The forms of authorization for aquacultural activities, such as aquaculture leases, aquaculture letters of consent, and aquaculture management agreements, are provided in subsection 18-21.020(2), F.A.C. For activities not specifically listed, the Board will consider the extent of interest needed and the nature of the proposed activity to determine which form of authorization is appropriate. Co-located activities can be authorized, provided that the activities are compatible and the form of authorization for each activity is determined by the provisions of this rule.

(a) Exceptions. The following activities do not require authorization in accordance with this chapter:

1. Construction or maintenance of a water or sewer system by a county in accordance with section 153.04, F.S., provided the required location map, plans and drawings are submitted to the Board.

2. Removal of material from the area adjacent to an intake or discharge structure in accordance with section 403.813(1)(f), F.S., and no severance fees shall be assessed for such removal.

3. Removal of organic detrital material in accordance with section 403.813(1)(r) or (u), F.S., and no severance fees shall be assessed for such removal.

4. Construction of floating vessel platforms or floating boat lifts in accordance with section 403.813(1)(s), F.S.

5. Trimming or alteration of mangroves in accordance with sections 403.9321 through 403..9334, F.S.

(b) Consent by Rule. Except for activities authorized under section 253.77(4), F.S., consent is herein granted by the Board and no application or written authorization is required for an activity that is exempt from the requirements of obtaining a permit under the provisions of section 403.813(1), F.S., paragraphs (a); (b), provided that the structure is the only dock or pier on a parcel and it is not a private residential multi-family dock with three or more slips; paragraphs (c); (d); (e); (f), provided that no severance fee is required under rule 18-21.011, F.A.C., and the existing activity has a valid Board authorization; paragraphs (g), (h) and (i), provided that no private residential multi-family dock or pier is constructed; or paragraph (k), provided that any channel markers delineate existing and authorized or permitted navigation channels. In addition, the activity must:

1. Be located outside of an Aquatic Preserve, Monroe County, a manatee “No Entry Zone” or “Motorboat Prohibited Zone” as specified in chapter 68C-22, F.A.C., or lands under the jurisdiction or management of the Department’s Division of Recreation and Parks. However, seawall or riprap repair or replacement conducted in accordance with subparagraph 18-20.004(1)(e)7., F.A.C., repair or replacement of docks and piers in accordance with section 403.813(1)(d), F.S., and subparagraph 18-20.004(5)(a)6., F.A.C., if applicable, and installation of a private residential single family dock in Boca Ciega Bay and Pinellas County Aquatic Preserves in accordance with section 403.813(1)(b), F.S., shall be exempt from this subparagraph and eligible for consent by rule;

2. Not be subject to any conservation easement or restrictive covenant of record prohibiting the activity;

3. Not be revenue-generating;

4. Comply with the provisions of paragraphs 18-21.004(1)(d) and (k), paragraph 18-21.004(3)(d), and subsections 18-21.004(6) and (7), F.A.C.; and,

5. Have been constructed in conformance with Board rules applicable at the time of construction, to qualify for repair or replacement.

(c) Letter of Consent. Written authorization is required for each of the following activities. These authorizations shall be subject to the payment of any applicable severance fees.

1. One minimum-size private residential single-family dock or pier per parcel.

2. Private residential single-family or multi-family docks, piers, boat ramps, and similar existing and proposed activities that cumulatively preempt no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s riparian shoreline, along sovereignty submerged land on the affected waterbody within a single plan of development (see “preempted area” definition in rule 18-21.003, F.A.C.).

3. A private channel that provides access to an upland single-family or multi-family residential parcel and that measures no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s riparian shoreline along sovereignty submerged land on the affected waterbody within a single plan of development.

4. Activities that are exempt from the requirement to obtain a permit under section 403.813(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (k), (l), (n), (p) or (t), F.S., but that are not eligible for consent by rule.

5. Construction, or replacement, of bulkheads, seawalls, or other such shoreline stabilization structures that extend no more than three feet waterward of the line of mean or ordinary high water.

6. Placement, replacement, or repair of single-family intake and discharge structures for irrigation purposes. Placement, replacement, or repair of riprap, groins, breakwaters, or other intake and discharge structures no more than ten feet waterward of the line of mean or ordinary high water.

7. Unless addressed in a currently valid Board authorization, repair or replacement of a functional structure or activity, including maintenance dredging, in the same dimensions and for the same type of use.

8. Restoration and nourishment of naturally occurring sandy beaches, including borrow areas to be used for five years or less.

9. Artificial reefs or fish attractors that are constructed for public use.

10. Public docks or piers that are exempt from permit requirements under section 403.813(1), F.S., or that qualify as minimum-size docks or piers or are less than or equal to the 10:1 preempted area to shoreline ratio; boat ramps; channels; or swimming areas, provided that all such structures or activities are owned and operated by governmental entities and any revenues collected are used solely for operation and maintenance of the structure or adjacent public recreational facilities.

11. Restroom facilities, as defined by subsection 18-21.003(59), F.A.C., constructed on public piers that qualify for a letter of consent or lease.

12. Trimming or alteration of aquatic vegetation in accordance with a permit issued pursuant to chapter 369 or 373, F.S.

13. Ski course buoys and ski jumps not associated with revenue-generating water skiing activities.

14. Minor activities or temporary structures which requires part IV, chapter 373, F.S., permit required for the removal of wrecked, abandoned or derelict vessels or structures, except for vessels or structures of archaeological or historical value relating to the history, government and culture of the state that are defined as historic properties in section 267.021(3), F.S.

15. Emergency or other critical, time-sensitive activities necessary to enhance, protect or restore: public health, safety or welfare; utility service; the health of fish, other aquatic life, or other animals; or recreational, commercial, industrial, agricultural, or other reasonable uses. Unless the activity otherwise qualifies for a letter of consent under the provisions of this rule, the activity shall require the applicable form of authorization as specified in this rule within one year.

16. Habitat restoration, enhancement, or permitted mitigation activities without permanent preemption by structures or exclusion of the general public, but excluding all mitigation banks.

17. Management activities associated with protection of threatened, endangered and special concern species, rookeries, artificial or natural reefs, parks, preserves, historical sites, scientific study activities, or habitat restoration or enhancement areas, provided that there is no permanent preemption by structures or exclusion of the general public.

18. Class II special events of not more than 30 days involving the construction of structures that are not revenue-generating and either preempt 1,000 square feet or less of sovereignty submerged lands or preempt no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s contiguous shoreline, along the affected sovereignty submerged land.

19. Federal projects conducted for the purposes stated in 43 USC 1311(d) or 1314 that enhance or maintain public navigation, national defense, international affairs, or interstate commerce, but not including the use of sovereignty submerged lands for other purposes, such as placement of spoil on state sovereignty submerged lands or non-water dependent activities.

(d) Lease. A sovereignty submerged land lease is required for the following activities.

1. Private residential single-family or multi-family docks or piers, other docks or piers, boat ramps, or other similar activities that do not qualify for a consent by rule or letter of consent.

2. Private residential multi-family docks designed or used to moor three or more vessels within aquatic preserves.

3. Any dock designed or used to moor ten or more vessels in Monroe County.

4. Commercial/industrial docks, as defined in rule 18-18.004, F.A.C., in Biscayne Bay Aquatic Preserve, as required by paragraph 18-18.006(3)(c), F.A.C.

5. All revenue-generating activities, except as provided for in this chapter.

6. Registered or unregistered grandfather structures according to the provisions of rule 18-21.00405, F.A.C.;

7. Oil and gas exploration and development.

8. Open-water mooring fields.

9. Mining.

10. Open-air-dining areas, as defined by subsection 18-21.003(43), F.A.C.

11. A Class III single special event for which the applicant requests authorization to conduct a single event involving construction of no more than 50 new slips or a preempted area of no more than 50,000 square feet.

12. A Class IV special event for which the applicant requests authorization to conduct a single event that does not qualify as a Class III single special event or to conduct more than one special event during the lease term.

(e) Easement. A sovereignty submerged land easement is required for the following public or private activities.

1. Utility crossings and rights of way that do not qualify for an exception to use sovereign submerged lands, consent by rule or letter of consent.

2. Road and bridge crossings and rights of way, such as structures built prior to the need to obtain an easement when proposed for modification or repair.

3. Groins, breakwaters, and shoreline protection structures, except when constructed as part of a docking facility that requires a lease.

4. Public navigation projects other than public channels.

5. Private channels that do not qualify for a letter of consent, such as a channel that provides access to revenue-generating facilities or uplands.

6. Oil, gas and other pipelines.

7. Intake and discharge structures more than 10 feet waterward of the mean or ordinary high water line.

8. Spoil disposal sites.

9. Borrow areas that will be used for longer than five years for beach nourishment.

10. Public water management projects other than public channels.

11. Management activities, which include permanent preemption by structures or exclusion of the general public, associated with protection of threatened, endangered and special concern species, rookeries, artificial or natural reefs, parks, preserves, historical sites, scientific study activities, or habitat restoration or enhancement areas.

12. Treasure salvage or cultural resource recovery.

13. Repair, replacement, or modification of a functional structure or activity constructed prior to that structure or activity being required to obtain an easement under this chapter.

14. Removal of pre-cut sunken timber (deadhead logging).

(f) Use Agreement – is required for:

1. Geophysical testing on all private, State-owned, or Federal upland areas which involve any incidental crossing of sovereignty submerged lands; and,

2. Geophysical testing in bays, estuaries, or Florida Territorial Waters seaward of the mean high water line and referred to herein as offshore testing.

3. A use agreement shall not be required:

a. When conducting seismic activity for well evaluation performed pursuant to paragraph 62C-26.007(3)(h), F.A.C.;

b. For incidental crossings when the geophysical operations are conducted entirely upon Trustees-owned uplands and a use agreement has been granted by the Division pursuant to rule 18-2.015, F.A.C.; or

c. When geophysical operations are conducted by the current leaseholder upon land subject to a valid oil, gas or mineral lease granted by the State of Florida.

(2) All requests for purchases, disclaimers, and quitclaims of sovereignty submerged lands shall be processed in accordance with rules 18-21.013 and 18-21.019, F.A.C.

(3) Requests for sales, exchanges, leases, aquaculture leases, and easements on sovereignty submerged lands shall be processed in accordance with the notice and hearing requirements of section 253.115, F.S., except easements that qualify for a general permit under chapter 373, F.S., provided that the proposed activity is not of heightened public concern. When noticing is required under section 253.115, F.S., the applicant shall provide a list of names and addresses from the latest county tax assessment roll, of all property owners within a 500-foot radius of the proposed lease or easement boundary in mailing label format. In lieu of the Board providing notice of application for lease or easement, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department or to DACS, as applicable.

Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.68, 253.77 FS. History–New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, Formerly 16Q-21.05, 16Q-21.005, Amended 1-25-87, 3-15-90, 10-15-98, 3-8-04, 9-1-09, 3-21-19.