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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-330. Environmental Resource Permitting |
1A general permit is granted to install, 8maintain, or remove 11a fence in wetlands or other surface waters under all of the following conditions:
25(1) The fence shall not be located 32on state-owned submerged lands or 37in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting.
70(2) 71Fences installed within navigable waters other than isolated waters that are wholly owned by one private entity 88shall:
89(a) Not adversly affect navigation, block any waterway or channel, or cause a navigational hazard;
104(b) Be installed such that all fence posts located waterward of the mean or ordinary high water line rise at least two feet above the mean high water or the ordinary high water elevation and are marked and maintained with reflectors visible from all directions; and
150(c) Extend no more than 25 feet waterward into the 160open water, 162beyond the shoreline, or riparian areas of emergent wetland vegetation, whichever is more waterward.
176(3) The fence shall be constructed of 183horizontal metal 185wire attached to posts, 189which may include occasional perpendicular wires to maintain spacing, but shall not include any chain-link or other mesh components.
208Rulemaking Authority 210373.026(7), 211373.043, 212373.118(1), 213373.406(5), 214373.4131, 215373.414(9), 216373.418, 217403.805(1) FS. 219Law Implemented 221373.118(1), 222373.406(5), 223373.413, 224373.4131, 225373.414(9), 226373.416, 227373.418, 228403.814(1) FS. 230History–New 10-3-95, Formerly 23362-341.437, 234Amended 10-1-13, 6-1-18.
