62D-15.005. Prohibitions

The activities in this rule, conducted by a person, are presumed to have adverse impacts on resource values in the river area and will be prohibited unless otherwise provided by law. However, persons may submit permit applications in accordance with Rules 62D-15.006, 62D-15.009 and 62D-15.011, F.A.C., for the following prohibited activities, with required non-refundable fees, for review and consideration of applications by the department as specified under Rules 62D-15.006 and 62D-15.008, F.A.C.:

(1) Discharging, through a pipe, ditch or similar conveyance, pollutants, including but not limited to domestic and industrial wastes or effluents, or untreated stormwater;

(2) Removing or cutting native vegetation except as a function of an activity permitted under Rule 62D-15.006, F.A.C., or that has received a Myakka River Permit prior to the effective date of this rule, and except for the minimum required to provide riparian ingress and egress necessary for docking, boating, bathing and fishing access;

(3) Constructing, in unimpacted areas, new road or bridge crossings, or utility crossings except crossings by public utilities as that term is defined in Section 366.02(1), F.S., and those crossings that would not adversely impact resource values;

(4) Excavating minerals or drilling for gas or oil;

(5) Constructing, erecting, or installing any form of structure not related to a water-dependent activity;

(6) Constructing roads or utilities, except for facilities of public utilities as that term is defined in Section 366.02(1), F.S., to islands where such access did not previously exist;

(7) Operating airboats north (upstream) of U.S. Highway 41, except for uses officially allowed by governmental agencies;

(8) Constructing new marinas;

(9) Engaging in any other activity or practice which adversely impacts resource values in the river area, and for which no permit has been obtained under Rule 62D-15.006, F.A.C.;

(10) Nothing in this rule shall be construed to prohibit or limit public utilities from improving, maintaining, modifying, or expanding existing facilities or constructing new facilities in the river area or the wild and scenic protection zone, provided the necessary federal, state, and local permits and licenses are obtained.

Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.005.