Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.008 - Standards for Issuance or Denial of a Permit

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with Section
				 258.501(10),
				F.S., no permit shall be issued unless the department finds that the proposed
				activity will not adversely impact resource values in the river area. The
				department will review completed applications for permits submitted as
				specified under Rules
				 62D-15.005,
				 62D-15.006 and
				 62D-15.009, F.A.C., and will
				evaluate applications using the standards and factors contained in this
				section. Additional information on the standards and factors used in evaluating
				applications may be obtained from the department at the address location
				provided in Rule  62D-15.006, F.A.C. Applications
				will be processed in accordance with procedures specified in Section
				 120.60, F.S.
(2) Factors to be considered by the
				department in determining whether the activity will adversely impact the
				resource values include:
(a) Whether the
				activity is consistent with the Act, this rule, and management principles,
				objectives and actions of the Myakka Wild and Scenic River Management
				Plan.
(b) Whether the activity will
				affect resource values by:
1. Increasing the
				amount of fertilizers, nutrients, pesticides and herbicides, soil or soil
				conditioners, or biological and artificial substances discharged into the river
				area,
2. Increasing impervious
				surface area or stormwater runoff,
3. Causing discharge of pollutants or
				increasing pollution impacts from land development, septic tanks, underground
				storage tanks, sanitary landfills, and wastewater treatment or disposal,
4. Causing or contributing odors
				or noise,
5. Increasing water use,
6. Increasing water resource
				impacts,
7. Encouraging erosion or
				shoaling,
8. Creating an impediment
				to navigation,
9. Causing upstream
				penetration of saline water into the river,
10. Causing a drawdown of surface or aquifer
				water levels,
11. Inhibiting the
				natural storage and detention functions of floodplains,
12. Reducing wetland buffers or wetland
				filtrative functions,
13. Altering
				natural hydrologic characteristics of the river area,
14. Altering the flow rate, timing, volume,
				or water quality of freshwater flowing into downstream reaches of the river
				area so as to affect the growth and productivity of brackish-saltwater marine
				life and vegetation,
15. Causing or
				contributing to overfishing,
16.
				Increasing access to the Myakka River through construction of roads, utility
				corridors, except facilities of public utilities as public utility is defined
				in Section  366.02, F.S., or recreation
				sites,
17. Decreasing recreational
				opportunities, including but not limited to fishing, boating, canoeing,
				picnicking, nature study, or photography,
18. Causing or contributing to overuse of the
				river's recreational resources,
19.
				Blocking, obstructing, lessening or otherwise interfering with the scenic and
				natural views as seen within the river area, including but not limited to open
				water, broad marshes, forested horizons, mangrove swamps, bluffs, riverbanks
				and bars,
20. Increasing
				litter,
21. Increasing visibility
				of storage, dilapidated or unmaintained structures,
22. Increasing the visual intrusion of tall
				structures,
23. Increasing
				intrusion caused by artificial light,
24. Impacting the conservation and
				preservation of fish and wildlife including endangered or threatened species or
				their habitats, feeding or breeding grounds,
25. Impacting listed threatened or endangered
				species of flora or plant communities or groupings considered to be of special
				ecological significance by the Florida Department of Agriculture and Consumer
				Services and the Florida Natural Areas Inventory,
26. Encouraging infestation or propagation of
				exotic or nuisance aquatic or terrestrial species such as Brazilian pepper,
				melaleuca, Australian pine, hydrilla, paragrass, parrotfeather, alligator weed,
				water hyacinth or cattail,
27.
				Affecting wildlife corridors or waterfowl flyways,
28. Reducing aquatic habitat, other than
				nuisance species, including, but not limited to, grassbeds, marshes or
				mangroves,
29. Increasing the
				density or intensity of development permitted on the subject property at the
				time the permit application is submitted,
30. Causing or contributing to unsafe
				conditions for boats or boaters,
31. Encouraging unauthorized use of public
				and private lands; and,
32.
				Damaging or destroying archaeological, cultural or historic sites or their
				artifacts.