68F-20.0035. Waters or Activities Exempt from Permitting

(1) No aquatic plant control permit is required by the Commission for the following waters or activities:

(a) Waters where all of the surrounding (360 degrees) upland property and submerged lands are wholly owned by one person, other than the state, unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(b) Artificial waters unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(c) Electrical power plant cooling ponds, reservoirs, or canals, unless there is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

(d) Waters that are less than 160 surface acres unless:

1. The Waters are a public waterbody, or

2. There is a direct connection to Waters of Special Concern when herbicides are used and throughout any water use restriction periods required by the herbicide product label, or there is a connection to a manatee aggregation site that would allow the ingress and egress of a manatee into the waterbody.

The acreage of waters in systems with any connections shall be calculated for each individual water rather than collectively as a system. Natural connections between non-exempt waters shall be considered part of those waters.

(e) In that specific area of a waterbody where an Environmental Resource Permit is issued by the Department of Environmental Protection or one of the state’s Water Management Districts and aquatic plants are removed as a part of the permitted activity.

(f) Activities conducted, authorized, or contracted for by the Commission.

(g) In all freshwater bodies, except aquatic preserves designated under chapter 258, F.S., and Outstanding Florida Waters designated under chapter 403, F.S., a riparian owner may physically or mechanically remove herbaceous aquatic plants and semiwoody herbaceous plants, such as shrub species and willow, within an area delimited by up to 50 percent of the property owner’s frontage or 50 feet, whichever is less, and by a sufficient length waterward from, and perpendicular to, the riparian owner’s shoreline to create a corridor to allow access for a boat or swimmer to reach open water. All unvegetated areas shall be cumulatively considered when determining the width of the exempt corridor. Physical or mechanical removal does not include the use of any chemicals or any activity that requires a permit pursuant to part IV of chapter 373, F.S.

(2) Although certain waters are exempt from the Commission’s permit requirements, all aquatic plant management activities shall be conducted in a manner so as to protect human health, safety, recreational use, and to prevent injury to non-target plant and animal life, and property, to the greatest degree practicable. When applying a herbicide in exempt waters, all persons shall comply with label rates, instructions, cautions, and directions, and shall follow the public notice requirements of paragraph 68F-20.0055(2)(c), F.A.C. No aquatic plant management activity using herbicides or mechanical harvesting equipment shall be conducted when manatees are in the control area in exempt waters. Copper-based herbicides shall not be used in any exempt waterbody directly connected to Waters of Special Concern without a permit from the Commission.

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95, Formerly 62C-20.0035, Amended 11-20-18.