18-20.002. Boundaries and Scope of the Preserves

(1) These rules shall only apply to those sovereignty lands within a preserve described in part II of chapter 258, F.S., title to which is vested in the Board, and those other lands for which the Board has an appropriate instrument in writing, executed by the owner, authorizing the inclusion of specific lands in an aquatic preserve pursuant to section 2(2) of chapter 73-534, Laws of Florida, sections 258.40(1) and 258.41(5), F.S., future aquatic preserves established through general or special acts of the legislature, and pursuant to rule 18-20.008, F.A.C. Any publicly owned and maintained navigation channel authorized by the United States Congress, or other public works project authorized by the United States Congress, designed to improve or maintain commerce and navigation shall be deemed to be excluded from the provisions of this chapter, pursuant to section 258.40(2), F.S. Furthermore, all lands lost by avulsion or by artificially induced erosion shall be deemed excluded from the provisions of this chapter pursuant to section 258.40(3), F.S.

(2) These rules do not apply to Biscayne Bay Aquatic Preserve.

(3) These rules are promulgated to clarify the responsibilities of the Board in carrying out its land management functions as those functions apply within the preserves. Implementation and responsibility for environmental permitting of activities and water quality protection within the preserves are vested in the Department of Environmental Protection and the water management districts. Since these rules are considered cumulative with other rules, a person planning an activity within the preserves should also consult the other applicable rules of the Board (chapter 18-21, F.A.C., for example) as well as the rules of the Department of Environmental Protection and the water management districts.

(4) These rules shall not affect previous actions of the Board concerning the issuance of any easement or lease; or any disclaimer concerning sovereignty lands.

(5) The intent and specific provisions expressed in paragraphs 18-20.001(3)(e) and (f), F.A.C., apply generally to all existing or future aquatic preserves within the scope of this chapter. Upon completion of a resource inventory and approval of a management plan for a preserve, pursuant to rule 18-20.013, F.A.C., the type designation and the resource sought to be preserved shall be subject to Board approval in accordance with rule 18-20.013, F.A.C.

(6) For the purpose of clarification and interpretation, the legal descriptions set forth in part II of chapter 258, F.S., do not include any land which is expressly recognized as privately owned upland in a pre-existing recorded mean high water line settlement agreement between the Board and a private owner or owners. Provided, however, in those instances wherein a settlement agreement was executed subsequent to the passage of the Florida Coastal Mapping Act, the determination of the mean high water line shall be in accordance with the provisions of such act.

(7) Persons interested in obtaining details of particular preserves should contact the Office of Coastal and Aquatic Managed Areas, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station 235, Tallahassee, FL 32399 (telephone [phone]; website: http://www.dep.state.fl.us/coastal/).

Rulemaking Authority 120.53, 258.43(1) FS. Law Implemented 258.39, 258.391, 258.392, 258.393, 258.40, 258.41, 258.42, 258.43, 258.44, 258.45 FS. History–New 2-23-81, Amended 8-7-85, Formerly 16Q-20.02, 16Q-20.002, Amended 9-29-97, 3-25-19.