18-20.019. Boca Ciega Bay and Pinellas County Aquatic Preserves

The following rules, in addition to the provisions of rules 18-20.001 through 18-20.016, F.A.C., except for subsection 18-20.004(5), F.A.C., apply in the Boca Ciega Bay and Pinellas County Aquatic Preserves in recognition of their highly developed, urban nature.

(1) No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 25 percent of the width of the waterbody at that particular location, whichever is less.

(2) When the local government has more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail.

(3) Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading. Any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

(4) In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean sea level.

(5) If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of five (5) feet above mean sea level.

(6) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

(a) Main access docks shall be limited to a maximum width of four (4) feet in a Resource Protection Area 1 or 2, and six (6) feet in a Resource Protection Area 3.

(b) Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

(c) Dredging to obtain navigable water depths in conjunction with private residential, single-family docks is strongly discouraged.

(d) For those docking facilities terminating in a Resource Protection Area 1 or 2, a terminal platform shall not exceed a total of 100 square feet which may include a lower level platform of not more than 20 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall be in accordance with section 258.42(3)(e)1., F.S.

(e) For those docking facilities terminating in a Resource Protection Area 3, a terminal platform shall not exceed a total of 250 square feet which may include a lower level platform of not more than 40 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall be in accordance with section 258.42(3)(e)1., F.S. Total coverage of sovereignty, submerged lands of the terminal platform, any lower level platform, and any covered slip which exceeds the criteria in section 258.42(3)(e)1., F.S., shall not exceed 500 square feet.

(7) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

(a) The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to thirty times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 30:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

(b) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(c) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use. This depth shall be a minimum of minus two (2) feet at mean or ordinary low water.

(d) In a Resource Protection Area 1 or 2, the main access docks and connecting or cross walks shall not exceed six (6) feet in width.

(e) If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

(f) The provisions of paragraphs 18-20.019(8)(b) through (g), F.A.C., shall also apply to private residential multi-slip docks.

(8) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

(a) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use. This depth shall be a minimum of minus three (3) feet at mean or ordinary low water.

(b) Access channels shall be prohibited.

(c) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(d) The location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking.

(e) Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

(f) Marinas shall not be sited within state designated manatee sanctuaries.

(g) In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part of a wetland resource or environmental resource permit for the facility.

(9) Alterations to the criteria in this section shall be authorized to accommodate persons with disabilities or to comply with the Americans with Disabilities Act.

(10) Private residential single-family docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County are hereby authorized to be maintained or rebuilt for continued use. Such structures are grandfathered for the purposes of reconstruction in the event of destruction or damage resulting from any natural or man-made force. Design alterations to such structures, however, must comply with the provisions of these rules.

(11) Private residential multi-slip and commercial, industrial, or other revenue generating/income-related docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County and any applicable requirements of the Department and the water management districts, and the rules of the Board are hereby authorized to be maintained or rebuilt for continued use. Those private residential multi-slip and commercial, industrial, or other revenue generating/income-related docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County but without the requisite approval of the Board and the Department shall be considered unauthorized structures unless the owner:

(a) Registers with the Department on or before May 1, 1998, by providing a copy of the permit issued by Pinellas County and a statement of intent to apply for a lease of lands preempted from public use by May 1, 1999;

(b) Submits a completed application for lease under chapter 18-21, F.A.C., by May 1, 1999; and,

(c) Pays standard lease fees, including lease fees in arrears from April 9, 1991 or the documented date of the commencement of construction, whichever is later. Lease fees shall be computed pursuant to subsection 18-21.011(1), F.A.C.

(12) Existing structures previously authorized by the Board or pursuant to subsection 18-20.019(10) or (11), F.A.C., are grandfathered for the purposes of reconstruction in the event of destruction or damage resulting from any natural or man-made force. Design alterations to such structures, however, must comply with the provisions of these rules. This shall not be construed to prevent routine repair.

Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(27), 258.396, 258.42, 258.43(1), 258.44 FS. History–New 9-29-97, Amended 3-25-19.