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-15.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Act" means the Myakka River Wild and
				Scenic Designation and Preservation Act.
(2) "Activity" means the doing of any act or
				the failing to do any act by a person.
(3) "Adverse impact" means the permanent,
				long-term or significant degradation, impairment, or loss of resource values in
				the river area caused by the conduct of activities, practices, or land
				uses.
(4) "Coordinating Council"
				means the Myakka River Management Coordinating Council created by Section
				 258.501(7),
				F.S.
(5) "Department" means the
				Department of Environmental Protection.
(6) "Division" means the Division of
				Recreation and Parks of the Department of Environmental Protection.
(7) "Dock" means a fixed or floating
				structure, including moorings, used for the purpose of berthing buoyant
				vessels, either temporarily or indefinitely, or used as structures for
				participating in recreational activities.
(8) "Dredging" means the excavating of
				materials, by any method, in the river area.
(9) "Executive Director" means the Executive
				Director of the Department of Environmental Protection.
(10) "Filling" is the deposition, by any
				means, of materials in the river area.
(11) "Government agency" means all federal
				and state agencies, the Southwest Florida Water Management District, and local
				governments.
(12) "Idle
				speed/no-wake" means a watercraft speed not greater than that speed which is
				necessary to maintain steerageway.
(13) "Impacted areas" means portions of the
				river area that have been disturbed prior to the effective date of this rule by
				the placement of manmade structures or conduct of activities.
(14) "Marina" means a commercial docking
				facility that provides facilities for mooring or storage of watercraft, or
				making watercraft available for use, for revenue generating purposes.
(15) "Maximum upland extent of wetlands
				vegetation" means for purposes of determining the extent of the department's
				permitting jurisdiction, those areas defined by the Department of Environmental
				Protection as "wetlands" pursuant to Section
				 373.019, F.S., and is determined
				as specified in Sections
				 373.421 and
				 373.4211, F.S., and Rule 62-340,
				F.A.C., as of April, 1990, except that the term shall not include tributaries
				of the Myakka River, and shall not include isolated wetlands.
(16) "Myakka Wild and Scenic River Management
				Plan" or "Plan" means the plan described in Section
				 258.501(5),
				F.S., as developed by the department and the Coordinating Council and as
				accepted on May 22, 1990 by the Governor and Cabinet sitting as head of the
				Department of Natural Resources.
(17) "Native vegetation" means a plant which
				is indigenous to the river area.
(18) "Nuisance species" means any species of
				flora or fauna whose noxious characteristics or presence in sufficient number,
				biomass, or areal extent that prevents, or interferes with, uses or management
				of resources, and which are native or naturalized in the area where it
				occurs.
(19) "Person" means an
				individual, corporation, governmental agency or institution thereof, business
				trust, estate, trust, partnership, association, two or more persons having a
				joint or common interest, or other legal entity.
(20) "Pollutant" means any substance,
				contaminant, noise, or artificial condition which is or may be potentially
				harmful or injurious to human health and welfare, animal or plant life, or
				property, or which interferes with the enjoyment of life, or property, or
				outdoor recreation.
(21) "Preempted
				area" means the portion of the river area occupied by a dock or docks or other
				structures, the area between the docks or other structures and including any
				mooring pilings, and the area between the docks or other structures and the
				shoreline.
(22) "Private
				multi-family docking facility" means a docking facility located on or adjacent
				to upland property having riparian access that is or will be developed to
				accommodate multiple living units. The term is applied only in reference to
				residential subdivisions and yacht clubs whose owners or members have real
				property interest in the upland property having riparian access.
(23) "Public interest" means demonstrable
				environmental, social, and economic benefits which would accrue to the public
				at large as a result of a proposed action, and which would clearly exceed all
				demonstrable environmental, social, and economic impacts of the proposed
				action.
(24) "Public utility" means
				the utilities defined in Section
				 366.02(1),
				F.S.
(25) "Renovation" means
				activities undertaken to restore a structure when 50 percent or more of the
				materials or construction have been damaged or destroyed, or if use of the
				structure has been discontinued and 50 percent or more of the structure must be
				replaced in order to make it functional for its intended purpose or safely
				useable.
(26) "Repair" means
				activities undertaken to maintain structures in a safely useable and functional
				condition which result in the repaired structure being within the same
				footprint and of the same dimensions as the original structure.
(27) "Resource value" means any one or more
				of the specific economic, scenic, recreational, geologic, fish and wildlife,
				historic, cultural, or ecological features associated with the river area as
				determined by the Coordinating Council and as set forth in the Myakka Wild and
				Scenic River Management Plan.
(28)
				"River area" means that corridor of land beneath and surrounding the Myakka
				River from river mile 7.5 to river mile 41.5, together with a corridor
				including the maximum upland extent of wetlands vegetation which is or will be
				delineated by the Department of Environmental Protection pursuant to its
				authority under Chapter 403, F.S., and Chapter 62-340, F.A.C.
(29) "Shore protection structure" means a
				type of construction designed to minimize erosion. Such construction includes
				any work or activity which is likely to have an effect on existing conditions
				or natural shore or riverbank processes.
(30) "Slow/minimum wake" means a speed such
				that watercraft must not be on a plane, must be level in the water, and not be
				operating at a speed greater than that which is reasonable and prudent to avoid
				an excessive wake or condition under the existing circumstances as specified in
				Rule  62D-15.012, F.A.C.
(31) "Structure" means something built,
				erected, assembled or installed, or the arrangement of natural or artificial
				materials in an ordered scheme.
(32) "Tributary" means a stream or
				watercourse whether natural or artificial which flows into the Myakka River,
				directly or indirectly, continuously or intermittently.
(33) "Unimpacted areas" means portions of the
				river area largely in their natural state not disturbed prior to the effective
				date of this rule by land uses, activities, practices, or the placement of
				manmade structures except those structures that have been permitted or are
				exempt under these rules.
(34)
				"Vessel" means any type of boat or floating craft and includes
				watercraft.
(35) "Watercraft" means
				any type of boat or floating craft which is propelled or powered by an engine
				or motor.
(36) "Water-dependent
				activity" means an activity which can only be conducted on, in, over, or
				adjacent to, water areas because the activity requires primary and direct
				access to the water body for transportation, recreation, energy production or
				transmission, or that uses the river as a source of water and where the use of
				the water is an integral part of the activity.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.002.