62D-15.002. Definitions

(1) “Act” means the Myakka River Wild and Scenic Designation and Preservation Act.

(2) “Activity” means the doing of any act or the failing to do any act by a person.

(3) “Adverse impact” means the permanent, long-term or significant degradation, impairment, or loss of resource values in the river area caused by the conduct of activities, practices, or land uses.

(4) “Coordinating Council” means the Myakka River Management Coordinating Council created by Section 258.501(7), F.S.

(5) “Department” means the Department of Environmental Protection.

(6) “Division” means the Division of Recreation and Parks of the Department of Environmental Protection.

(7) “Dock” means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels, either temporarily or indefinitely, or used as structures for participating in recreational activities.

(8) “Dredging” means the excavating of materials, by any method, in the river area.

(9) “Executive Director” means the Executive Director of the Department of Environmental Protection.

(10) “Filling” is the deposition, by any means, of materials in the river area.

(11) “Government agency” means all federal and state agencies, the Southwest Florida Water Management District, and local governments.

(12) “Idle speed/no-wake” means a watercraft speed not greater than that speed which is necessary to maintain steerageway.

(13) “Impacted areas” means portions of the river area that have been disturbed prior to the effective date of this rule by the placement of manmade structures or conduct of activities.

(14) “Marina” means a commercial docking facility that provides facilities for mooring or storage of watercraft, or making watercraft available for use, for revenue generating purposes.

(15) “Maximum upland extent of wetlands vegetation” means for purposes of determining the extent of the department’s permitting jurisdiction, those areas defined by the Department of Environmental Protection as “wetlands” pursuant to Section 373.019, Florida Statutes, and is determined as specified in Sections 373.421 and 373.4211, F.S., and Rule 62-340, F.A.C., as of April, 1990, except that the term shall not include tributaries of the Myakka River, and shall not include isolated wetlands.

(16) “Myakka Wild and Scenic River Management Plan” or “Plan” means the plan described in Section 258.501(5), F.S., as developed by the department and the Coordinating Council and as accepted on May 22, 1990 by the Governor and Cabinet sitting as head of the Department of Natural Resources.

(17) “Native vegetation” means a plant which is indigenous to the river area.

(18) “Nuisance species” means any species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent that prevents, or interferes with, uses or management of resources, and which are native or naturalized in the area where it occurs.

(19) “Person” means an individual, corporation, governmental agency or institution thereof, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or other legal entity.

(20) “Pollutant” means any substance, contaminant, noise, or artificial condition which is or may be potentially harmful or injurious to human health and welfare, animal or plant life, or property, or which interferes with the enjoyment of life, or property, or outdoor recreation.

(21) “Preempted area” means the portion of the river area occupied by a dock or docks or other structures, the area between the docks or other structures and including any mooring pilings, and the area between the docks or other structures and the shoreline.

(22) “Private multi-family docking facility” means a docking facility located on or adjacent to upland property having riparian access that is or will be developed to accommodate multiple living units. The term is applied only in reference to residential subdivisions and yacht clubs whose owners or members have real property interest in the upland property having riparian access.

(23) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic impacts of the proposed action.

(24) “Public utility” means the utilities defined in Section 366.02(1), F.S.

(25) “Renovation” means activities undertaken to restore a structure when 50 percent or more of the materials or construction have been damaged or destroyed, or if use of the structure has been discontinued and 50 percent or more of the structure must be replaced in order to make it functional for its intended purpose or safely useable.

(26) “Repair” means activities undertaken to maintain structures in a safely useable and functional condition which result in the repaired structure being within the same footprint and of the same dimensions as the original structure.

(27) “Resource value” means any one or more of the specific economic, scenic, recreational, geologic, fish and wildlife, historic, cultural, or ecological features associated with the river area as determined by the Coordinating Council and as set forth in the Myakka Wild and Scenic River Management Plan.

(28) “River area” means that corridor of land beneath and surrounding the Myakka River from river mile 7.5 to river mile 41.5, together with a corridor including the maximum upland extent of wetlands vegetation which is or will be delineated by the Department of Environmental Protection pursuant to its authority under Chapter 403, F.S., and Chapter 62-340, F.A.C.

(29) “Shore protection structure” means a type of construction designed to minimize erosion. Such construction includes any work or activity which is likely to have an effect on existing conditions or natural shore or riverbank processes.

(30) “Slow/minimum wake” means a speed such that watercraft must not be on a plane, must be level in the water, and not be operating at a speed greater than that which is reasonable and prudent to avoid an excessive wake or condition under the existing circumstances as specified in Rule 62D-15.012, F.A.C.

(31) “Structure” means something built, erected, assembled or installed, or the arrangement of natural or artificial materials in an ordered scheme.

(32) “Tributary” means a stream or watercourse whether natural or artificial which flows into the Myakka River, directly or indirectly, continuously or intermittently.

(33) “Unimpacted areas” means portions of the river area largely in their natural state not disturbed prior to the effective date of this rule by land uses, activities, practices, or the placement of manmade structures except those structures that have been permitted or are exempt under these rules.

(34) “Vessel” means any type of boat or floating craft and includes watercraft.

(35) “Watercraft” means any type of boat or floating craft which is propelled or powered by an engine or motor.

(36) “Water-dependent activity” means an activity which can only be conducted on, in, over, or adjacent to, water areas because the activity requires primary and direct access to the water body for transportation, recreation, energy production or transmission, or that uses the river as a source of water and where the use of the water is an integral part of the activity.

Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.002.