Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.002 - Boundaries and Scope of the Preserve

Current through Reg. 50, No. 138; July 16, 2024
(1) Biscayne
				Bay Aquatic Preserve shall be comprised of all publicly and privately owned
				submerged lands, the water column over such lands, and publicly owned islands
				within the following described boundary. The preserve boundary extends across
				the mouths of all artificial waterways, but includes all natural waterways
				tidally connected to Biscayne Bay.
(a) The
				preserve is described as follows:
Biscayne Bay, the northern limit of which is N. E. 163
				  Street; the Oleta River north to its headwaters in the center of Section 33,
				  Township 51 South, Range 42 East; Arch Creek to salinity control structure at
				  N. E. 135 Street, 175 feet east of the Florida East Coast Railroad tracks;
				  Little Arch Creek to salinity control structure LA- 02, approximately 71 feet
				  east of the center line of N. E. 128 Street; Little River to salinity control
				  structure S-27 located at approximately N. E. 82 Terrace, 200 feet east of the
				  Florida East Coast Railroad tracks; Miami River to salinity control structure
				  S-26, located approximately 500 feet south of N. W. 36 Street; South Fork of
				  the Miami River, also known as Comfort Canal, to salinity control structure
				  S-25 located at N. W. 29 Avenue; Indian Creek south to and including Lake
				  Pancoast, but excluding Collins Canal; Coral Gables Waterway to the
				  intersection of Ingram Highway, Old Cutler Road, Sunset and S. W. 42 Avenue,
				  also known as LeJeune; Black Creek to the most easterly salinity control
				  structure located 0.5 miles upstream from the mouth in the eastern 1/2 of
				  Section 21, near the boundary of Section 22, Township 56 South, Range 40 East;
				  and other tidally flushed natural waterways in south Biscayne Bay which have no
				  known name. Begin at the southwest intersection of the right-of-way of State
				  Road 826 and the mean high water line of Biscayne Bay (Township 52 South, Range
				  42 East, Dade County), thence southerly along the westerly mean high water line
				  of Biscayne Bay to its intersection with the right-of-way of State Road 905A
				  (Township 59 South, Range 40 East, Monroe County); thence easterly along such
				  right-of-way to the easterly mean high water line of Biscayne Bay; thence
				  northerly along the easterly mean high water line of Biscayne Bay following the
				  westerly shores of the most easterly islands and Keys with connecting lines
				  drawn between the closest points of adjacent islands to the southeasterly
				  intersection of the right-of-way of State Road 826 and the mean high water line
				  of Biscayne Bay, thence westerly to the point of beginning.
(b) This description is not intended to
				exclude from the preserve any natural waterways tidally connected to the
				preserve, whether or not artificially altered, which are not identified in the
				above description.
(c) Excluded
				from the preserve are those submerged lands of the Biscayne National
				Monument.
(d) For the purpose of
				clarification and interpretation, the legal description set forth above does
				not include any land which is expressly recognized as privately owned upland in
				a pre-existing recorded mean high water line settlement agreement between the
				Board and a private owner or owners. Provided, however, in those instances
				wherein a settlement agreement was executed subsequent to the passage of the
				Florida Coastal Mapping Act, the determination of the mean high water line
				shall be in accordance with the provisions of such act.