62-302.400. Classification of Surface Waters, Usage, Reclassification, Classified Waters  


Effective on Thursday, November 17, 2016
  • 1(1) All surface waters of the State have been classified according to designated uses as follows:

    17CLASS I19Potable Water Supplies

    22CLASS I-Treated24Treated Potable Water Supplies

    28CLASS II30Shellfish Propagation or Harvesting

    34CLASS III36Fish Consumption; Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish

    49and Wildlife

    51CLASS III-Limited53Fish Consumption; Recreation or Limited Recreation; and/or Propagation and Maintenance of a Limited Population of Fish and Wildlife

    71CLASS IV73Agricultural Water Supplies

    76CLASS V78Navigation, Utility and Industrial Use

    83(2) Classification of a waterbody according to a particular designated use or uses does not preclude use of the water for other purposes.

    106(3) The specific water quality criteria corresponding to each surface water classification are listed in Rules 12262-302.500 123through 12462-302.540, 125and Rule 12762-302.800, 128F.A.C.

    129(4) Water quality classifications are arranged in order of the degree of protection required, with Class I water having generally the most stringent water quality criteria and Class V the least. However, Class I, II, and III surface waters share water quality criteria established to protect fish consumption, recreation and the propagation and maintenance of a healthy, well-balanced population of fish and wildlife. 192For manmade lakes, canals or ditches, or streams converted to canals before November 28, 1975, considered under subsections (5) and (11) below, the Department shall evaluate the limited aquatic life support and habitat limitations of such waters, recognizing the physical and hydrologic characteristics and water management uses for which they were constructed.

    244(5) In addition to meeting applicable water quality criteria in Chapter 62-302, F.A.C., Class I-Treated Potable Water Supplies (Class I-Treated) waters shall also meet the requirements for discharged substances in paragraph 275403.061(29)(b), F.S. 277Interested parties may provide the Department with documentation demonstrating that a Class I-Treated water would not attain 294the requirements of paragraph 298403.061(29)(b), F.S., 300in accordance with Rule 30462-620.555, 305F.A.C.

    306(6) 307Class III-Limited surface waters share the same water quality criteria as Class III except for any site specific alternative criteria that have been established for the waterbody under Rule 33662-302.800, 337F.A.C. Class III-Limited waters are restricted to 344waters with human-induced physical or habitat conditions that prevent attainment of Class III uses and do not include waterbodies that were created for mitigation purposes. “Limited recreation” means opportunities for recreation in the water are reduced due to physical conditions. “Limited population of fish and wildlife” means the aquatic biological community does not fully resemble that of a natural system in the types, tolerance and diversity of species present. Class III-Limited waters are restricted to:

    419(a) Wholly 421artificial waterbodies that were constructed consistent with regulatory requirements under Part I or Part IV of Chapter 373, Part I or Part III of Chapter 378, or Part V of Chapter 403, F.S.; or

    455(b) Altered waterbodies that were dredged or filled prior to November 28, 1975. For purposes of this section, “altered waterbodies” are those portions of natural surface waters that were dredged or filled prior to November 28, 1975, to such an extent that they exhibit separate and distinct hydrologic and environmental conditions from any waters to which they are connected.

    514(7) Criteria applicable to a classification are designed to maintain the minimum conditions necessary to assure the suitability of water for the designated use of the classification. In addition, applicable criteria are generally adequate to maintain minimum conditions required for the designated uses of less stringently regulated classifications. Therefore, unless clearly inconsistent with the criteria applicable, the designated uses of less stringently regulated classifications shall be deemed to be included within the designated uses of more stringently regulated classifications.

    593(8) Any person regulated by the Department or having a substantial interest in a surface waterbody may seek reclassification of waters of the State by filing a petition with the Department in accordance with Rule 62828-103.006, 629F.A.C.

    630(9) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010 674(675http://www.flrules.org/Gateway/reference.asp?No=Ref-02960677), 678incorporated by reference herein. Copies of the Process document may be obtained 690by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, 707MS #6511, Tallahassee, FL 32399-2400.

    712(10) All reclassifications of waters of the State shall be adopted, after public notice (including notification to affected local and regional governments and sovereign American Indian tribes) and public hearing, only upon affirmative findings by the Environmental Regulation Commission that:

    752(a) The proposed reclassification will establish the present and future most beneficial use of the waters;

    768(b) Such a reclassification is clearly in the public interest 778after considering public input, including consideration of input submitted by local and regional governing bodies and sovereign American Indian tribes, who represent the public interest where the waters, and affected upstream and downstream waters, are located;

    814(c) The proposed reclassification will not allow for the nonattainment of water quality standards in downstream waters;

    831(d) The demonstrations required under subsections (10)-(12) below are met as applicable; and

    844(e) The requirements contained in Rule 85062-302.400, 851F.A.C., are satisfied.

    854(11) Reclassification of waters of the State which establishes more stringent criteria than presently established by this chapter shall be adopted, only upon additional affirmative finding by the Environmental Regulation Commission that the proposed designated use is attainable, upon consideration of environmental, technological, social, economic, and institutional factors. The assessment of attainability shall address upstream effects of reclassification.

    912(12) If rulemaking is initiated to reclassify a water to a less stringent classification, the petitioner or the Department shall include in the reclassification documentation appropriate and scientifically defensible water quality, biological, hydrological, and habitat studies and analyses, as well as environmental, technological, social, and economic studies, including costs to small businesses and local governments, as necessary to establish the present and future most beneficial use by demonstrating that:

    981(a) No existing uses are being removed and the less stringent criteria associated with the designation will not result in the nonattainment of water quality standards in downstream waters;

    1010(b) The designated uses being removed cannot be attained by implementing effluent limits required by sections 301(b) and 306 of the Federal Clean Water Act in conjunction with implementation of cost-effective and reasonable best management requirements for nonpoint source pollution control; and

    1052(c) One or more of the following situations occur:

    10611. Naturally occurring concentrations of substances prevent the attainment of the use;

    10732. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met;

    11183. Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

    11494. Dams, diversions, or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the waterbody to its original condition or to operate such modification in a way that would result in the attainment of the use;

    11945. Physical conditions related to the natural features of the waterbody, such as the lack of a proper substrate, cover, flow, depth, pool, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

    12336. Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread economic and social impact.

    1261(13) The petition for a Class III-Limited classification shall include appropriate Site Specific Alternative Criteria proposals that are protective of the most beneficial use as determined by the demonstration in subsection (9) above. Site Specific Alternative Criteria established to support the Class III-Limited designated use are restricted to numeric criteria for any or all of the following parameters: nutrients (including nutrient response variables), bacteria, dissolved oxygen, alkalinity, specific conductance, transparency, turbidity, biological integrity, or pH. Site Specific Alternative Criteria for these parameters shall not be set at levels less stringent than water quality conditions at the time of reclassification and shall not be subject to the limitations in paragraph 137062-302.800(2)(d), 1371F.A.C. Proposed site specific alternative criteria for other parameters must fully protect Class III uses.

    1386(14) Nothing contained in subsections (8) through (12) above shall be deemed to pre-empt or prohibit the regulatory implementation, adoption, continuation or enforcement of more stringent criteria that are established by a local government through a local pollution control program.

    1426(15) The surface waters of the State of Florida are classified as Class III – Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife, except for certain waters which are described in subsection 146362-302.400(16), 1464F.A.C. A waterbody may also be designated as an Outstanding Florida Water or an Outstanding National Resource Water. Outstanding Florida Waters and Outstanding National Resource Waters are not designated use classifications. A waterbody may also have special standards applied to it. However, notwithstanding any provision of this section, no classification action or change in designated use shall result in degradation of water quality in Outstanding Florida Waters or Outstanding National Resource Waters. Outstanding Florida Waters and Outstanding National Resource Waters are listed in Rule 154862-302.700, 1549F.A.C.

    1550(16) Unless otherwise specified, the following shall apply:

    1558(a) The landward extent of a classification shall coincide with the landward extent of waters of the state, as defined in Rule 158062-340.600, 1581F.A.C.

    1582(b) Water quality classifications shall be interpreted to include associated water bodies such as tidal creeks, coves, bays and bayous. Notwithstanding paragraph 160462-302.400(15)(a), 1605F.A.C., above t1608he boundaries of Class II waters shall be limited to “Predominantly Marine Waters” as defined in subsection 162562-302.200(30), 1626F.A.C.

    1627(17) Exceptions to Class III:

    1632(a) All secondary and tertiary canals wholly within agricultural areas are classified as Class IV and are not individually listed as exceptions to Class III. “Secondary and tertiary canals” shall mean any wholly artificial canal or ditch which is behind a control structure and which is part of a water control system that is connected to the works (set forth in Section 1694373.086, F.S.1696) of a water management district created under Section 1705373.069, F.S., 1707and that is permitted by such water management district pursuant to Section 1719373.103, 1720373.413, 1721or 1722373.416, F.S. 1724Agricultural areas shall generally include lands actively used solely for the production of food and fiber which are zoned for agricultural use where county zoning is in effect. Agricultural areas exclude lands which are platted and subdivided or in a transition phase to residential use;

    1769(b) The following listed waterbodies are classified as Class I, Class I, Class II, Class III-Limited, or Class V. Copies of the maps referenced below may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400. The written waterbody descriptions are to be read in conjunction with the incorporated maps; however, the maps will take precedence if any conflict is identified between the written descriptions and the maps.

    18511. Alachua County – none.

    18562. Baker County – none.

    18613. Bay County

    1864Class I

    1866Bayou George and Creek – Impoundment to source.

    1874Bear Creek – Impoundment to source.

    1880Big Cedar Creek – Impoundment to source.

    1887Deer Point Impoundment – Dam to source.

    1894Econfina Creek – Upstream of Deer Point Impoundment.

    1902Class II

    1904East Bay and Tributaries – East of U.S. Highway 98 to, but excluding Wetappo Creek.

    1919North Bay and Tributaries – North of U.S. Highway 98 to Deer Point Dam excluding Alligator Bayou and Fanning Bayous north of an east-west line through Channel Marker 3.

    1948West Bay and Tributaries – West of North Bay (line from West Bay Point on the north to Shell Point on the South) except West Bay Creek (northwest of Channel Marker 27C off Goose Point), Crooked Creek (north of a line from Crooked Creek Point to Doyle Point), and Burnt Mill Creek (north of a line from Graze Point to Cedar Point).

    20104. Bradford County – none.

    20155. Brevard County.

    2018Class I

    2020St. Johns River and Tributaries – Lake Washington Dam south through and including Sawgrass Lake, Lake Hellen Blazes, to Indian River County Line.

    2043Class II

    2045All or portions of the Mosquito Lagoon, Banana River, Newfound Harbor, Indian River, and Goat, Kid and Trout Creeks, as shown on the maps titled “Class II waters in Brevard County, November 2015,” (2080http://www.flrules.org/Gateway/reference.asp?No=Ref-063902082) 2083which are incorporated by reference herein.

    20896. Broward County – none.

    20947. Calhoun County

    2097Class I

    2099Bear Creek.

    2101Econfina Creek.

    21038. Charlotte County

    2106Class I

    2108Alligator Creek – North and South Prongs from headwaters to the water control structure downstream of SR 765-A.

    2126Port Charlotte Canal System – Surface waters lying upstream of, or directly connected to, Fordham Waterway upstream of Conway Boulevard.

    2146Prairie Creek – DeSoto County Line and headwaters to Shell Creek.

    2157Shell Creek – Headwaters to Hendrickson Dam (east of Myrtle Slough, in Section 20, T40S, R24E).

    2173Class II

    2175Lemon Bay, Placida Harbor, and Tributaries – N. Charlotte County Line south to Gasparilla Sound and bounded on the east by SR 775.

    2198Charlotte Harbor, Myakka River, and Gasparilla Sound – Waters except Peace River upstream from the northeastern point of Myakka Cutoff to the boat ramp in Ponce de Leon Park in south Punta Gorda, Catfish Creek north of N. Lat. 26º50'56'', and Whidden Creek north of N. Lat. 26º 51'15''.

    22479. Citrus County

    2250Class II

    2252All coastal waters and tidal creeks within the county, excluding (a) waters landward of the mouths of Bungalou Pass, East Pass, Johns Creek, Trout Creek, and the Cross Florida Barge Canal entrance next to Trout Creek, (b) Crystal River, (c) a portion of the Salt River south of the northern juncture of Salt Creek, and (d) the St. Martins River from its mouth to Greenleaf Bay, all as shown on the map titled “Class II waters in Citrus County, November 2015,” (2335http://www.flrules.org/Gateway/reference.asp?No=Ref-063912337) 2338which is incorporated by reference herein.

    234410. Clay County – none.

    234911. Collier County.

    2352Class I-Treated

    2354Marco Lakes, 2356as shown on the map titled “Class I and Class I-Treated Waters in Collier County, June 2016,” (2375http://www.flrules.org/Gateway/reference.asp?No=Ref-070772377) 2378which is incorporated by reference herein.

     

    2384Class II

    2386Cocohatchee River.

    2388Connecting Waterways – From Wiggins Pass south to Outer Doctors Bay.

    2399Dollar Bay.

    2401Inner and Outer Clam Bay.

    2406Inner and Outer Doctors Bay.

    2411Little Hickory Bay.

    2414Tidal Bays and Passes – Naples Bay and south and easterly through Rookery Bay and the Ten Thousand Islands to the Monroe County Line.

    2438Wiggins Pass.

    244012. Columbia County – none.

    244513. Dade County – none.

    245014. DeSoto County.

    2453Class I

    2455Horse Creek – From the northern border of Section 14, Township 38 South, Range 23 East, southward to Peace River, 2475as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” (2494http://www.flrules.org/Gateway/reference.asp?No=Ref-070782496) which is incorporated by reference herein2503.

    2504Prairie Creek – From the headwaters of Prairie Creek to the Charlotte County line, 2518as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” which is incorporated by reference herein2542.

    2543Class I-Treated

    2545Peace River Segment – From the confluence with Horse Creek southward to the southern line of Section 15, Township 39 South, Range 23 East, as shown on the map titled “Class I and Class I-Treated Waters in DeSoto County, June 2016,” (2588http://www.flrules.org/Gateway/reference.asp?No=Ref-070782590) which is incorporated by reference herein.

    259715. Dixie County

    2600Class II

    2602All coastal waters within the county, excluding the mouth of the Suwannee River and its passes, as shown on the map titled “Class II waters in Dixie County, November 2015,” (2634http://www.flrules.org/Gateway/reference.asp?No=Ref-063922636) 2637which is incorporated by reference herein.

    264316. Duval County.

    2646Class II

    2648Ft. George River and Simpson Creeks – Ft. George Inlet north to Nassau Sound.

    2662Intracoastal Waterway and Tributaries – Confluence of Nassau and Amelia Rivers south to Flashing Marker 73 thence eastward along Ft. George River to Ft. George Inlet and includes Garden Creek.

    2692Nassau River and Creek – From the mouth of Nassau Sound, (a line connecting the northeasternmost point of Little Talbot Island to the southeasternmost tip of Amelia Island westerly to a north-south line through Seymore Point.

    2728Pumpkinhill Creek.

    273017. Escambia County

    2733Class II

    2735Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

    2756Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

    2781Santa Rosa Sound – East of a line connecting Gulf Breeze approach to Pensacola Beach (Pensacola Beach Bridge), and Sharp Point with exception of the Navarre Beach area from a north-south line through Channel Marker 106 to Navarre Bridge.

    282018. Flagler County

    2823Class II

    2825Matanzas River (Intracoastal Waterway) – N. Flagler County Line south to an east-west line through Fl. Marker 109.

    2843Pellicer Creek.

    284519. Franklin.

    2847Class II

    2849All or portions of Alligator Harbor, Apalachicola Bay, East Bay and its tributaries, the coastal waters north of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island, Ochlockonee Bay, St. George Sound, and St. Vincent Sound, as shown on the maps titled “Class II waters in Franklin County, November 2015,” (2907http://www.flrules.org/Gateway/reference.asp?No=Ref-063932909) 2910which are incorporated by reference herein.

    291620. Gadsden County

    2919Class I

    2921Holman Branch – SR 270-A to source.

    2928Mosquito Creek – U.S. Highway 90 north to Florida State Line.

    2939Quincy Creek – SR 65 to source.

    294621. Gilchrist County – none.

    295122. Glades County.

    2954Class I

    2956Lake Okeechobee.

    295823. Gulf County.

    2961Class I-Treated

    2963Port St. Joe Canal, 2967as shown on the map titled “Class I and Class I-Treated Waters in Gulf County, June 2016,” (2986http://www.flrules.org/Gateway/reference.asp?No=Ref-070792988) which is incorporated by reference herein2995.

    2996Class II

    2998Indian Lagoon – West of Indian Pass and St. Vincent Sound.

    3009St. Joseph Bay – South of a line from St. Joseph Point due east, excluding an area that is both within an arc 2.9 miles from the center of the mouth of Gulf County Canal and east of a line from St. Joseph Point to the northwest corner of Section 13, Township 8 South, Range 11 West.

    306624. Hamilton County – none.

    307125. Hardee County – none.

    307626. Hendry County.

    3079Class I

    3081Lake Okeechobee, 3083as shown on the map titled “Class I and Class I-Treated Waters in Hendry County, June 2016,” (3102http://www.flrules.org/Gateway/reference.asp?No=Ref-070803104) which is incorporated by reference herein3111.

    3112Class I-Treated

    3114Caloosahatchee River Segment - From State Road 29 (Bridge Street) westward to the Lee County line, as shown on the map titled “Class I and Class I-Treataed Waters in Hendry County, June 2016,” (3149http://www.flrules.org/Gateway/reference.asp?No=Ref-070803151) which is incorporated by reference herein.

    315827. Hernando County – none.

    316328. Highlands County – none.

    316829. Hillsborough County.

    3171Class I

    3173Cow House Creek – Hillsborough River to source, 3181as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” 3199(3200http://www.flrules.org/Gateway/reference.asp?No=Ref-070813202) 3203which is incorporated by reference herein3209.

    3210Hillsborough River – City of Tampa Water Treatment Plant Dam to Flint Creek, 3223as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” 3241(3242http://www.flrules.org/Gateway/reference.asp?No=Ref-070813244) 3245which is incorporated by reference herein3251.

    3252Class I-Treated

    3254Alafia River Segment – From Lithia Pinecrest Road (County Road 640) westward to Bell Shoals Road, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (3289http://www.flrules.org/Gateway/reference.asp?No=Ref-070813291) which is incorporated by reference herein.

    3298Tampa By-Pass Canal Segment – From the control structure S-163 at Cow House Creek to the control structure S-160 (north of State Road 60), and Harney Canal west to Harney Road, as shown on the map titled “Class I and Class I-Treated Waters in Hillsborough County, June 2016,” (3348http://www.flrules.org/Gateway/reference.asp?No=Ref-070813350) which is incorporated by reference herein.

    3357Class II

    3359All or portions of Tampa Bay, Old Tampa Bay, and Mobbly Bay, excluding waters in the Tampa Harbor Channel and waters north of SR 580 in Rocky and Double Branch Creeks, as shown on the map titled “Class II waters in Hillsborough County, November 2015,” (3406http://www.flrules.org/Gateway/reference.asp?No=Ref-063943408) 3409which is incorporated by reference herein.

    341530. Holmes County – none.

    342031. Indian River County.

    3424Class I

    3426St. Johns River and Tributaries – Brevard County Line south through and including Blue Cypress Lake to SR 60.

    3445Class II

    3447Portions of Indian River, as shown on the maps titled “Class II waters in Indian River County, November 2015,” (3468http://www.flrules.org/Gateway/reference.asp?No=Ref-063953470) 3471which are incorporated by reference herein.

    347732. Jackson County.

    3480Class I

    3482Econfina Creek – Bay County to source.

    348933. Jefferson County

    3492Class II

    3494Coastal Waters – Within the county, excluding the mouth of Aucilla River.

    350634. Lafayette County – none.

    351135. Lake County – none.

    351636. Lee County.

    3519Class I

    3521Caloosahatchee River – E. Lee County Line to South Florida Water Management District Structure 79.

    3536Class II

    3538Charlotte Harbor.

    3540Matanzas Pass, Hurricane Bay, and Hell Peckish (Peckney) Bay – From San Carlos Bay to a line from Estero Island through the southernmost tip of the unnamed island south of Julies Island, northeastward to the southernmost point of land in section 27, T46S, R24E.

    3584Matlacha Pass – Charlotte Harbor to San Carlos Bay.

    3593Pine Island Sound – Charlotte Harbor to San Carlos Bay.

    3603San Carlos Bay – From a line from point Ybel to Bodwitch Point northward to a line from the eastern point at the mouth of Punta Blanca Creek, southeast through the southern point of Big Shell Island to the mainland and westward to Pine Island Sound.

    364937. Leon County – none.

    365438. Levy County.

    3657Class II

    3659All coastal waters and tidal creeks in the county, excluding the mouth of the Suwannee River and its passes, portions of Alligator Pass and Cedar Key, and the mouth of the Withlacoochee River, as shown on a map titled “Class II waters in Levy County, November 2015,” (3708http://www.flrules.org/Gateway/reference.asp?No=Ref-063963710) 3711which is incorporated by reference herein.

    371739. Liberty County – none.

    372240. Madison County – none.

    372741. Manatee County.

    3730Class I

    3732Manatee River – From Rye Bridge Road to the sources thereof, including but not limited to the following tributaries: the East Fork of the Manatee River, the North Fork of the Manatee River, Boggy Creek, Gilley Creek, Poley Branch, Corbit Branch, Little Deep Branch, Fisher Branch, Ft. Crawford Creek, Webb Branch, Clearwater Branch, Craig Branch, and Guthrey Branch.

    3790Lake Evers (Ward Lake) and Braden River – City of Bradenton Water Treatment Dam to SR 675, excluding upland cut irrigation or drainage ditches and including the following tributaries:

    3819Tributary3820Upstream Limit(s)

    3822a. Rattlesnake Slough3825Lockwood Ridge Road in Section 28, Township 35

    3833South, Range 18 East.

    3837b. Cedar Creek

    3840West Branch3842Whitfield Avenue in Section 27, Township 35 South,

    3850Range 18 East.

    3853Central Branch3855Country Club Way in Section 34, Township 35 South,

    3864Range 18 East.

    3867East Branch3869To a point where an east-west line lying 1200 feet south

    3880of the section line between Sections 23 and 26

    3889(Township 35 South, Range 18 East) crosses the

    3897tributary.

    3898c. Cooper Creek

    3901West Branch

    3903(Foley Branch)South Boundary of Section 1, Township 36 South,

    3912Range 18 East.

    3915East Branch3917East Boundary of Section 31, Township 35 South,

    3925Range 19 East.

    3928d. Nonsense Creek3931To a point where an east-west line lying 800 feet North

    3942of the section line between Sections 14 and 23

    3951(Township 35 South, Range 18 East) crosses the creek.

    3960e. Hickory Hamock3963To a point where an east-west line lying 1000 feet

    3973South of the section line between Sections 17 and 20

    3983(Township 35 South, Range 19 East) crosses the creek.

    3992f. Wolf Slough3995East Boundary of Section 16, Township 35 South,

    4003Range 19 East.

    4006g. Unnamed Tributary 14010To a point where an east-west line lying 2300 feet south

    4021of the section line between Sections 21 and 28

    4030(Township 35 South, Range 19 East) crosses the

    4038tributary.

    4039h. Unnamed Tributary 24043East Boundary of Section 14, Township 35 South,

    4051Range 19 East.

    4054i. Unnamed Tributary 34058West Boundary of Section 25, Township 35 South,

    4066Range 19 East.

    4069j. Unnamed Tributary 44073To a point where a north-south line lying 200 feet East

    4084of the section line between Sections 23 and 24

    4093(Township 35 South, Range 19 East) crosses the

    4101tributary.

    4102Class II

    4104Gulf and Coastal Waters of Tampa Bay – (Including, but not limited to Terra Ceia Bay, Perico Bayou, Palma Sola Bay, and Sarasota Bay), excluding waters northward of a line from the southern shore of the mouth of Little Redfish Creek northwesterly through the red marker (approximately one nautical mile away) to the county line; Manatee River upstream of a line from Emerson Pt. to Mead Pt.

    4171Gulf Waters – North of 27º31' N. Lat.

    417942. Marion County – none.

    418443. Martin County.

    4187Class I

    4189Lake Okeechobee.

    4191Class II

    4193Great Pocket – St. Lucie River to Peck’s Lake.

    4202Indian River – N. Martin County Line south to the mouth of St. Lucie Inlet, east of the Intracoastal Waterway Channel centerline.

    4224Loxahatchee River – West of the Florida East Coast Railroad Bridge including Southwest, Northwest, and North Forks.

    424144. Monroe County.

    4244Class II

    4246Monroe County Coastline – From Collier and Dade County Lines southward to and including that part of Florida Bay within Everglades National Park.

    426945. Nassau County.

    4272Class II

    4274Alligator Creek.

    4276Nassau River and Creek – From the mouth of Nassau Sound (a line connecting the northeasternmost point of Little Talbot Island to the southeasternmost point of Amelia Island) westerly to Seymore Point.

    4308South Amelia River – Nassau River north to a line from the northern shore of the mouth of Alligator Creek to the northernmost shore of Harrison Creek.

    4335Waters between South Amelia River and Alligator Creek.

    434346. Okaloosa County.

    4346Class II

    4348Choctawhatchee Bay and Tributaries – From a line from White Point southwesterly through Fl. Light Marker 2 of the Intracoastal Waterway, eastward to the county line, including East Pass.

    4377Rocky Bayou – Choctawhatchee Bay (from a line extending due east from Shirk Point) to Rocky Creek.

    4394Santa Rosa Sound – From a north-south line through Manatee Point west to the Santa Rosa County Line.

    441247. Okeechobee County.

    4415Class I

    4417Lake Okeechobee.

    441948. Orange County – none.

    442449. Osceola County – none.

    442950. Palm Beach County.

    4433Class I

    4435Canal C-18 (freshwater portion).

    4439City of West Palm Beach Water Catchment Area.

    4447Clear Lake, Lake Mangonia, and the waterway connecting them.

    4456Lake Okeechobee.

    4458M-Canal – L-8 to Lake Mangonia.

    4464Class II

    4466Canal C-18 – Salinity barrier to Loxahatchee River.

    4474Loxahatchee River – Upstream of Florida East Coast railroad bridge including Southwest, Northwest, and North Forks.

    449051. Pasco County – none.

    449552. Pinellas County.

    4498Class II

    4500Old Tampa Bay, Mobbly Bay and Tampa Bay – South and westward to Sunshine Skyway (SR 55), except Safety Harbor north of an east-west line through Phillipi Point.

    4528Tampa Bay and Gulf waters – West of Sunshine Skyway (SR 55), excluding waters north of SR 682 and waters that are both west of Pinellas Bayway and north of an east-west line through the southernmost point of Pine Key.

    456853. Polk County – none.

    457354. Putnam County – none.

    457855. St. Johns County.

    4582Class II

    4584Guano River and Tributaries – From Guano Lake Dam south to Tolomato River.

    4597Matanzas River, Intracoastal Waterway and Tributaries, excluding Treasure Beach Canal System – From Intracoastal Waterway Marker number 29, south to Flagler County Line.

    4620Pellicer Creek.

    4622Salt Run – Waters south of an east-west line connecting Lighthouse Park boat ramp with Conch Island.

    4639Tolomato River (North River) and Tributaries – From a line connecting Spanish Landing to Booth Landing, south to an east-west line through Intracoastal Waterway Marker number 55.

    466656. St. Lucie County.

    4670Class II

    4672Portions of Indian River, as shown on the map titled “Class II waters in St. Lucie County, November 2015,” (4693http://www.flrules.org/Gateway/reference.asp?No=Ref-063974695) 4696which is incorporated by reference herein.

    470257. Santa Rosa County.

    4706Class II

    4708Blackwater Bay – From a line connecting Robinson’s Point to Broad River south to East Bay (line due west from Escribano Point).

    4730East Bay and Tributaries – Blackwater Bay (line due west from Escribano Point) southerly to Pensacola Bay (line from Garcon Point on the north to Redfish Point on the south).

    4760Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

    4781Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

    4806Santa Rosa Sound – From a line connecting Gulf Breeze approach to Pensacola Beach, (Pensacola Beach Bridge), and Sharp Point, east to Santa Rosa/Okaloosa County line with exception of the Navarre Beach area from a north-south line through Channel Marker 106 eastward to Navarre Beach Toll Road.

    485358. Sarasota County.

    4856Class I

    4858Big Slough Canal – South to U.S. 41.

    4866Cooper Creek (Foley Branch) upstream to the South boundary of Section 1, Township 36 South, Range 18 East.

    4884Myakka River – From the Manatee County line southwesterly through Upper and Lower Myakka Lakes to Manhattan Farms (north line of Section 6 T39S, R20E).

    4909Class II

    4911Lemon Bay – From a line eastward from the northern shore of the mouth of Forked Creek south to Charlotte County Line.

    4933Myakka River – From the western line of section 35, T39S, R20E south to Charlotte County Line.

    4950Sarasota Bay – West of the Intracoastal Waterway Channel centerline.

    496059. Seminole County – none.

    496560. Sumter County – none.

    497061. Suwannee County – none.

    497562. Taylor County.

    4978Class V

    4980Fenholloway River. Repealed effective December 31, 1997.

    498763. Union County – none.

    499264. Volusia County

    4995Class II

    4997All or portions of Indian River North, Indian River Lagoon, and Mosquito Lagoon, as shown on the map titled “Class II waters in Volusia County, November 2015,” (5026http://www.flrules.org/Gateway/reference.asp?No=Ref-063985028) 5029which is incorporated by reference herein.

    503565. Wakulla County.

    5038Class II

    5040Coastal Waters and Tributaries – From Jefferson County Line westward with the exception of Spring Creek and the portion of King Bay (Dickerson Bay) west and north of a line from the westernmost tip of Porter Island south to Hungry Point, and Walker Creek north of a line from Live Oak Point southwest across the Creek to the closest tip of Shell Point.

    510366. Walton County.

    5106Class II

    5108Portions of Choctawhatchee Bay and its tributaries, as shown on the map titled “Class II waters in Walton County, November 2015,” (5131http://www.flrules.org/Gateway/reference.asp?No=Ref-063995133) 5134which is incorporated by reference herein.

    514067. Washington County.

    5143Class I

    5145Econfina Creek.

    5147Rulemaking Authority 5149403.061, 5150403.062, 5151403.087, 5152403.088, 5153403.504, 5154403.704, 5155403.804 FS. 5157Law Implemented 5159403.021(11), 5160403.061, 5161403.087, 5162403.088, 5163403.141, 5164403.161, 5165403.182, 5166403.502, 5167403.504, 5168403.702, 5169403.708 FS. 5171History–Formerly 28-5.06, 17-3.06, Amended and Renumbered 3-1-79, Amended 1-1-83, 2-1-83, Formerly 17-3.081, Amended 4-25-93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, 8-5-10, 8-1-13, 2-17-16, 11-17-16.

     

Rulemaking Events:

Historical Versions(5)

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