Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-20 - AQUATIC PLANT CONTROL PERMITS › Section 68F-20.0035 - Waters or Activities Exempt from Permitting

Current through Reg. 50, No. 138; July 16, 2024
(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.