62-341.021. Definitions (Transferred)

Except as otherwise provided in this chapter, the definitions of Chapters 62-330 and 62-346, F.A.C., including those incorporated by reference, shall apply to this chapter. Additionally, as used in this chapter:

(1) “Aquatic preserves” means those areas designated in Part II, Chapter 258, F.S.

(2) “Canal” means a trench, the bottom of which is normally covered by water, with the upper edges of its two sides normally above water.

(3) “Coral” means living stony or soft corals.

(4) “Channel” means a trench, the bottom of which is normally covered entirely by water, with the upper edges of one or both of its sides normally below water.

(5) “Department” means the Florida Department of Environmental Protection.

(6) “Drainage ditch” or “irrigation ditch” means a man-made trench which is dug for the purpose of draining water from the land or for transporting water for use on the land and which is not built for navigational purposes.

(7) “Dredging” means the excavation, by any means, in surface waters or wetlands as delineated in Section 373.421(1), F.S. It also means the excavation, or creation, of a water body which is, or is to be, connected to any surface waters or wetlands as delineated in Section 373.421(1), F.S., directly or via an excavated water body or series of excavated water bodies.

(8) “Endangered species” means those animal species which are listed in Rule 68A-27.003, F.A.C., and those plant species which are listed in 50 Code of Federal Regulations Section 17.12 (1994).

(9) “Estuary” means a semi-enclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.

(10) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated in Section 373.421(1), F.S.

(11) “Forested wetlands” means those wetlands where the canopy coverage by trees with a diameter at breast height of greater than 4 inches is greater than 10 percent, as well as those areas required to be planted with tree species to establish or reestablish forested wetlands pursuant to a permit issued, or enforcement action taken, under rules adopted under Part IV of Chapter 373, F.S., or Sections 403.91-.929, F.S. (1984 Supp.), as amended, and those areas where the canopy has been temporarily removed but are expected to revegetate to a forested wetland if use of the area would remain unchanged.

(12) “Herbaceous wetlands” means those wetlands dominated by non-woody vegetation that have less than a 10 percent canopy coverage of trees with a diameter at breast height of greater than 4 inches.

(13) “Lagoon” means a naturally existing coastal zone depression which is below mean high water and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.

(14) “Materials” means matter of any kind, such as sand, clay, silt, rock, dredged material, construction debris, solid waste, pilings or other structures, ash, and residue from industrial and domestic processes. The term shall not include the temporary use and placement of lobster pots, crab traps, or similar devices or the placement oyster cultch pursuant to Section 379.2525, F.S., or Chapter 62N-5, F.A.C.

(15) “Riprap” is a sloping retaining or stabilizing structure made to reduce the force of waves and to protect the shore from erosion, and consists of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar protrusions.

(16) “Seawall” means a man-made wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.

(17) “Species of special concern” means those species listed in Rule 68A-27.005, F.A.C.

(18) “Submerged grassbeds” means any native, herbaceous, submerged vascular plant community that is growing on the bottoms of surface waters waterward of the mean high water line or ordinary high water line.

(19) “Swale” means a man-made trench which:

(a) Has a top width-to-depth ratio of the cross-section equal to or greater than 6:1, or side slopes equal to or greater than three feet horizontal to one foot vertical;

(b) Contains contiguous areas of standing or flowing water only following a rainfall event;

(c) Is planted with or has stabilized vegetation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and

(d) Is designed to take into account the soil erodibility, soil percolation, slope, slope length, and drainage area so as to prevent erosion and reduce pollutant concentration of any discharge.

(20) “Threatened species” means those animal species listed in Rule 68A-27.004, F.A.C.

(21) “Vertical seawall” is a seawall the waterward face of which is at a slope greater than 75 degrees to the horizontal. A seawall with sloping riprap covering the waterward face to the mean high water line shall not be considered a vertical seawall.

(22) “Water Management District” or “District” means a Water Management District created pursuant to Section 373.069, F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS. History–New 10-3-95, Amended 10-1-07.