62-341.437. General Permit for the Installation of Fences (Transferred)

A general permit is hereby granted to any person installing a fence in wetlands or other surface waters, except in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department for shellfish harvesting, provided:

(1) The structure shall not block navigation, create a navigational hazard, impede the natural flow of water by itself or through the accumulation of debris;

(2) No fence shall be installed into open waters (areas of water bodies not supporting emergent vegetation) of any navigable river, stream, canal, or tributary thereof, a distance of more than 25 feet or more than twenty percent of the width of the open water, whichever is less, and no fence shall extend more than 15 feet waterward of the landward extent of any lake, including contiguous wetlands;

(3) The fence will be constructed of wire attached to posts which project at least two feet above the mean annual flood or ordinary high water elevation of the waterway;

(4) In navigable waters and all lakes, the structure shall be adequately marked with reflectors visible from both directions paralleling the shoreline; and

(5) Dredging or filling performed shall be limited to that necessary to install individual fence posts.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418 FS. History–New 10-3-95.