Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-7 - MISCELLANEOUS PROVISIONS › Section 40E-7.521 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this Part:
(1) "Activity area" means a zone within a
				management area designated for specific recreational activities.
(2) "Access point" means a designated
				location or boundary for public access to District lands.
(3) "Allied purposes" means other related
				outdoor activities including, but not limited to, frogging, photography,
				painting, environmental education, and nature study.
(4) "Camping" means to use a vehicle, tent or
				shelter, or to arrange bedding or both with the intent to stay
				overnight.
(5) "Designated road"
				means any road, path, lane, or trail officially designated by name or number
				for public vehicular travel.
(6)
				"District lands" means any real property owned, leased, managed, or controlled
				by the District and includes lands or water areas defined in this Part as
				Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way,
				and vacant undesignated lands.
(7)
				"Event Authorization" means a permission to access and use District lands in a
				manner not otherwise provided for or authorized in this Part.
(8) "Facility" or "Structure" means any
				object placed on District lands which is intended to be permanently attached to
				the land for which would be considered a fixture under Florida law.
(9) "Group campsite" means a designated
				campsite for campers whose total is eight (8) or more people.
(10) "Horse cart" means a non-motorized two-
				(2) wheeled vehicle pulled by a single saddle animal.
(11) "Hunting device" means any mechanical
				device used to take or attempt to take wildlife or feral hogs.
(12) "Idle Speed" means the minimum speed at
				which a motorized Vessel is able to move and maintain adequate steerage
				control.
(13) "Impoundment Area"
				means District lands designated by the Governing Board as an Impoundment
				Area.
(14) "Leased" means the
				granting of either an exclusive or non-exclusive use of or interest in District
				lands for a specified period of time.
(15) "Outdoor recreational purposes" means
				natural resource based outdoor recreational activities including, but not
				limited to, fishing, hunting, horseback riding, bicycling, swimming, camping,
				hiking, canoeing, boating, airboating, scuba diving, birding, sailing, jogging,
				picnicking, nature study, water skiing, geocaching, astronomy, and visiting
				historical, archaeological, scenic or scientific sites.
(16) "Management Area" means District lands,
				designated by the Governing Board as a Management Area.
(17) "Management Unit" means a portion of any
				District lands within a management area that requires a specific public use
				regulation due to legal, cultural or environmental factors uniquely affecting
				the specific unit of land, but which is not applicable to the entire management
				area.
(18) "Natural Resources" mean
				water, soils, flora, and fauna.
(19) "This Part" means Rules 40E-7.511
				through  40E-7.539, F.A.C.
(20) "Personal watercraft" means a Vessel
				less than 16 feet in length which uses an inboard motor powering a water jet
				pump as its primary source of motorized power and which is designed to be
				operated by a person sitting, standing, or kneeling on the Vessel, rather than
				in the conventional manner of sitting or standing inside the Vessel.
(21) "Primitive Camping" means no amenities
				are provided.
(22) "Recreation
				site" means an improved or unimproved site established to facilitate public use
				of a designated Management Area, Stormwater Treatment Area, Impoundment Area,
				Right of Way or vacant undesignated land.
(23) "Recreational trail" means saddle animal
				riding, hiking, canoeing, bicycling, or jogging trails for use by the
				public.
(24) "Right of Way" or
				"Rights of Way, " for purposes of this rule, means those lands acquired by the
				District in fee, easement, or other type of grant, for the purpose of
				construction, operation, and maintenance of Works of the District adopted
				pursuant to Section  373.086, F.S., including, but
				not limited to, canals, levees, water control structures, spoil areas, and
				access roads, excluding Stormwater Treatment Areas (STAs).
(25) "Saddle animal" means any animal used to
				transport a person or property.
(26) "Special Use License" means a type of
				license granted by the District to allow access to and use of certain District
				lands and facilities as set forth in this Part.
(27) "Stormwater Treatment Area" means
				District lands designated by the Governing Board as a Stormwater Treatment
				Area.
(28) "Vacant undesignated
				land" means any land owned by the District that is not designated as a
				Management Area, Stormwater Treatment Area, Impoundment Area, or Rights of Way
				and has legal and practical public access.
(29) "Vessel" is synonymous with a boat as
				referenced in section 1(b), Art. VII of the Florida State Constitution and
				includes every description of watercraft, barge, and air boat, other than a
				seaplane on the water, used or capable of being used as a means of
				transportation on water.
Rulemaking Authority
					 373.019,
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					  373.056,
					  373.069,
					  373.0693,
					  373.073,
					  373.079,
					  373.083,
					  373.103,
					  373.1391,
					  373.59 FS.
New 5-24-94, Amended 11-13-97, 1-1-99, 1-5-03, 7-12-06,
					 8-28-12, 5-3-14.