1992-319 (Resolution)
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RESOLUTION 92-~
A RESOLUTION DECLARING THE ACCEPTANCE
OF THE TECHNICAL SUPPORT DOCUMENT
"COLLIER COUNTY COASTAL ZONE MANAGEMENT
PLAN-1991", WITH DIRECTION FOR STAFF TO
DEVELOP APPROPRIATE PROGRAMS, POLICIES,
ORDINANCES AND REGULATIONS IN ORDER TO
IMPLEMENT SAID PLAN.
WHEREAS, Part II of Chapter 163, Florida statutes,
establishes the local Comprehensive Planning and Land Development
Regulations Act providing Collier County with the authority and
responsibility to comprehensivelY plan for future development and
resource protection through land development regulations; and
WHEREAS, pursuant to section 163.3202, Florida Statutes,
COllier County i. required to adopt land development requlations
which implement and are consistent with the conservation and
coastal management element of its adopted comprehensive plan,
which was adopted by the Collier county Board Of County
Couhsioners on January 10, 1989, as the Collier County Growth
Manaqement Plan; and
WHEREAS, pursuant to Rules 9J-5.012 and 9J-5.013, Florida
Administrative COde, Collier County is required to provide for
coastal management and conservation Of natural resources; and
WHEREAS, Goal 11 of the Conservation and Coastal Manaqe~ent
Element of the Collier County Growth Management Plan and its
associated objectives and policies mandates that the County shall
protect, conserve, manage, and appropriately use its coastal
barriers including shorelines, beaches, and dunes and will plan
for, and WhClrEl appropriate, will restrict activities where such
activities will damage or destroy coastal resources; and
WHEREAS, pursuant to Objective 11.6 of the Conservation and
Coastal Element of the Collier county Growth Management Plan, by
August 1, 1990, the County shall adopt a Coastal Barrier and
Beach System Management Program; and
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JUNE 3, 1992
WHEREAS, Goal 1 of the conservation and Coastal Management
Element of the Collier County Growth Management Plan and its
associated objectives and policies mandates that the county
continue to plan for the protection, conservation, management and
appropriate use of its natural resources; and
WHEREAS, pursuant to Policy 1.3.2 of the Conservation and
Coastal Management Element of the Collier County Growth
Management Plan, by August 1, 1990, the County shall designate
and adopt management guidelines for the undeveloped coastal
barrier and estuarine natural resources protection area; and
WHEREAS, Goal 2 of the Conservation and Coastal Management
Element Of the Collier County Growth Management Plan and its
associated objectives ~nd policies mandates that the County shall
protect its surface and estuarine water resources; and
WHEREAS, pursuant to Obje~tive 2.5 of the Conservation and
Coastal Management Element of the Collier county Growth
Management Plan, by August 1, 1992, the county will complete the
development of an estuarine management program; and
WHEREAS, Goal 6 of the Conservation and Coastal Management
Element of the Collier County Growth Management Plan and its
associated objectives and policies mandates that the County shall
identify, protect, conServe and appropriately use its native
vegetative communities and wildlife habitat; and
WHEREAS, pursuant to Policy 6.1.1 of the Conservation and
Coastal Element of the Collier County Growth Management Plan, the
preparation of development standards and criteria for intertidal
and coastal strands, undeveloped coastal barriers, and xeric
scrub, inCluding coastal sCJ;'ub habitats, shall be developed by
August 1, 1990; and
~.t:;
WHEREAS, pursuant to PolicY.6.1.2 of the Conservation and
Coastal Element of the Collier County Growth Management Plan, the
preparation of development standards and criteria for marine,
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JUNE 3, 1992
freshwater, and transitional zone wetlands, and hardwood
hammocks, including those located within the coastal zone, shall
be developed by August 1, 1991; and
WHEREAS, Goal 7 of the Conservation and Coastal Management
Element of the Collier county Growth Management plan and its
associated objectives and policies mandates that the County shall
protect and conserve its fisheries and wildlife; and
WHEREAS, pursuant to Objective 7.3 of the Conservation and
Coastal Element of the Collier County Growth Management Plan, the
County shall develop and implement programs for protecting
fisheries and other animal wildlife; and
WHEREAS, the protection, conservation, management, and
appropriate use of the County's coastal zone and its native
habitats and wildlife are mandated by law and provided for by the
Collier County Growth Manageme~t Plan and will be implemented
through the adoption of land use prOhibitions, regulations, and
criteria deemed necessary to ensure the quality and quantity of
present and future natural resources of the coastal zone; and
WHEREAS, the undeveloped coastal barriers represent one of
the most valuable natural resources of collier County, by
providing natural storm and flood protection for landward
structures; and
WHEREAS, the County's upland habitats inClUding coastal
xeric scrub and coastal hardWOOd hammock serve as critical
habitat for many protected and endemic species, and function in
ground water retention and recharge, soil stabilization and thus
erosion control, carbon dioxide conversion, and enhancement of
air and water quality; and
WHEREAS, the county's coastal waters and wetlands play
critical roles in storage and conveyance of flood and
storrnwaters, shoreline stabilization, stQrm protection,
protection of water quality, reduction in sediment, production of
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JUNE 3. 1992
fish and shellfish, providing habitat for listed plant and animal
species, food chain support for a broad range of wildlife,
outdoor recreation, and aesthetic value; and
WHEREAS, it is deemed to be necessary and in the best
interest of public health, safety, and welfare of the citizens of
Collier County to adopt regulations pertaining to land uses and
development within the County's coastal zone; and
WHEREAS, all native habitats that occur within Collier
County serve to enhance the overall quality of life, by providing
aesthetic and cultural values as well as educational and
scientific opportunities to the citizens and visitors of Collier
County; and
WHEREAS, the Collier County Coastal Zone Management Plan was
reviewed by the Environmental Advisory Council and approved by
unanimous vote on August 21, 1~91; and
WHEREAS, the Collier county Planning Commission has reviewed
the Collier County Coastal Zone Management Plan--199~ and on
April 16, 1992, held an advertised public hearing on this
matter; and
WHEREAS, the Board of County Commissioners has reviewed the
Collier County Coastal Zone Management Plan--1991 and did take
action in the manner prescribed by law and on May 20, 1992 and on
June 3, 1992 did hold advertised public hearings on this matter;
and
WHEREAS, all interested parties have been given opportunity
to be heard by this Board in a public meeting and the Board
having considered all matters presented.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS of Collier county, Florida, that:
1. The Board of County Commissioners approves the Collier
County Coast~l Zone Management Plan--1991, Sections I, II, III
and IV.
2. The Board of County Commissioners directs staff to
prepare a workplan addressing priorities, and programs, policies,
ordinances and regulations toaether ,~ith costs to implement
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JUNE 3, 1992
Section I of the COllier county Coastal Zone Management
Plan--1991.
3. The Board of County C01lllllissioners aCknowledges sections
II, III, and IV of the Collier County coastal Zone ManageMent
Plan--1991 as support documents providing technical information
relating to the Coastal Zone in Collier county.
BE IT RESOLVED that this Resolution relating to Collier
county Coastal Zone ManageMent Plan--1991 be recorded in the
minutes of this Board.
C01lllllissioner
Saunders
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Goodnight
and upon roll call the vote as:
AYES: Commissioner Saunders, Commissioner Goodnight, Commissioner
Shanahan, Commissioner Hasse,and Commissioner Volpe
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
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'.D6ne,' this ~ day of
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June
, 1992.
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'.'Approved . as to form and
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J'OU 3, 1882
PUtAL
SEcrrION I
SYNTHBSIS OF RBCOKKBNDA~IONS CONCERNING
THE MANAGEMENT OF THB COASTAL ZONE
Note: Th~ou9hout this document, there a~e notat.ions tOllowlnq
oertain ~eco~mendation.. Wh.~e it is noted to "reterence" an item
in the Conllervation and Coastal Mandge~8nt Element or other
docu~ent, that item is related in content to the recommendation.
Where it is noted that the recoJll1'l\endation is "modified trom" a
specHic item in the cotE or other document, the recomlDendation
is similar to and only slightly modified from that item. Where a
~ecommendation is followed by a notation that cites a specific
item in the CotE or other document, the recommendation is the
same as that ite~.
RBCOXXINDA',rION 1
Collier County will be consistent wi.th all County, state, and
Federal laws, ordinances, statutes, rules or other requirements
that pertain to the management of the County's Coastal Zone,
including but not limited to:
StMJ'ACB/ESTUARINB WATBR QUALITY:
1.U The County shall permit only development plans that
demonstrateconfornity with F.A.C. 17-304 (SUrface Water
Quality), or its successors, to insure that degradation of
coastal waters shall not OCCUI' (reference CCMli: Goal 2).
1.2: DiSCharges into surface waters of the coastal zone shall
not result in violation of surface water quality standards
(F.A.C. 17-302) (reference COlE Goal 2).
1.3: Coastal waters shall not be degraded below qualities needed
to support "existing uses" as defined by F.A.C. 17-302.
Existing uses are any actual beneficial uses of the~tater
on or after November 28, 1975, and may include, but not be
limited to, shell fishing, finfishing, or swiJll1'l\ing (F.A.C.
17-302) (reference CCME Goal 2).
1.4. Surface water run-off to estuarine and marine systems shall
be designed to limit discharge to pre-development run-off
rates; considerations shall be made for timing, quality and
quantity of freshwater run-off. (F.A.C. Ch. 40E-4 and/or
County Ordinance 90-10, as amended) (reference CCME POlicy
2.2.2).
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1.5: '!'he diversion and detention of stormwater
run-off will be done in accordance with South Florida Water
Management District guidelines (F.A.C. Ch. 40 and/or County
Ordinance 90-10 or its successor, as amended) (reference
CCME Policy 2.2.2).
EXOTIC VEGETATION REMOVAL:
1.6: Developments shall remove exotic terrestrial vegetation
from development areas, pursuant to County brdinance91-47
as amended, and LDC D,iv. 3.9, as amended, anc;i shall
implement programs to control exotic terrestrial vegetation
within development areas, pursuant to County Ordinance
91-47 as amended, and LDC Div. 3.9, as amended (reference
CCME Policy 6.4.3).
COASTAL CONSTROCTION:
1.7: Any person, firm, corporation, municipality, township,
special district, public agency, the County, or other
entity receiving permission for, and undertaking any
coastal construction or improvement, shall be responsible
for the maintenance and associated expenses of such coastal
construction or improvement (F.S. 161.053) (referenceCCME
Goal 11).
1.8: In permitting the repair and/or reconstruction of shore
parallel engineered stabilization structures, with the
exception of residential canals, the County shall require
that seawalls ~hat are being rebuilt or repaired be fronted
by riprap revetments (F.S. 403; F.A.C. l7-312) (reference
CCME pOlicy 11.4. l2) . '
1.9: Any development activities on an undeveloped coastal
barrier must be compatible with protection of the natural
form and function of the coastal barrier system (CCME
Policy 11.3.2).
1.10: Coastal barrier developments shall include consideration
for changes in sea level and erosion rates that are
projected for at least 30 years after the completion of the
development (F. S. 161. 053) (reference Policy CCME 11. 4 .13) .
1.11: The County shall notifY the Florida Department of
Natural Resources (FDNR) of the receipt of any permit
application, within five days of the receipt of any permit
application, for construction or other activities proposed
to be located seaward of the Coastal Construction Control
Line eutablished by DNR. within five days after the
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receipt of such application, the County shall notify the
applicant of the requirements for State permits (F.S.
161. 053) .
.12: No new bridges, causeways, paved roads or commercial
marinas shall be permitted to or on undeveloped coastal
barriers (modified from CCME Policy 11.3.10).
PUBLIC ACCESS:
1~13: All public access facilities shall include parking
facilities and roadway access (CCME Policy 11.2.4).
1'.14.: The County shall accept donations Of shoreline lands
suitable for use as public access facilities (CCME Policy
11.2.5) .
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WATER-DEPENDENT/WATER-RELATED USES:
1.15: Priorities for water-dependent uses shall be (CCME Policy
11.1.1) :
A.. PUblic Boat Ramps
B. Marinas
1. commercial (public) marinas over private
marinas
2. dry storage over wet storage,
C. Commercial fishing facilities
D. Other non-polluting water-dependent
industries or utilities.
1.16: Priorities for water-related uses shall be (CCME Policy
11.1.3) :
A. Recreational facilities
B. Marine supply/repair facility
C. Residential development.
1.17: Marinas and other water-dependent and water-related Uses
shall conform to other applicable policies regarding
development in marine wetlands. Marinas that propose to
destroy wetlands shall provide for use by the general
pUblic (CCME Policy 11.1.7).
1.18: No deep water ports shall be allowed (CCME pOlicy 11.1.2).
1.19: No offshore drilling support facilities shall be
allowed (reference County Resolution 89-159).
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S New marinas shall conform to the following
criteria (modified from CCME Policy 11.1.6):
A. Marinas must provide vehicular parking and sewage
pump out facilities.
B. Fueling facilities shall be designed to
contain spills from on-land equipment and
shall be equipped and prepared to contain
spills in the water.
C. Marina facilities must be accessible to all
public services essential to ensure their safe
operation.
D. Dry storage should be encouraged over wet
storage.
1.21: Priorities for shoreline land use shall be given to
water-dependent uses oVer water-related land uses and shall
be based on type of water-dependent use, adjacent land use,
and surrounding marine and upland habitat considerations
(CCME Objective 11.1).
ORBDGB , FILL ACTIVITIES:
1.22: In areas where spoil material ,is not compatible, and where
surface water quality standards cannot be met, the spoil
material shall be disposed of in an upland spoil disposal
site designated as appropriate by FDER (F.A.C. 17-302 and
17-312).
1,23: The County shall continue .to allow dredging of currently
altered officially designated and marked navigation
channels to comply with Federal and state navigation and
safety requirements (reference CCME Objective 11.2).
1.24: The County shall only support currently altered pass and
navigation channel dredging and maintenance that is
consistent with and required by State and Federal boating
safety and navigation standards and requirements (reference
CCME Objective 1l.2).
1.24.5 Consideration shall be given to the p:r:otection and
preservation of bird feeding, resting, or nesting areas
'that will be impacted by dredge and fill activities ~ .
other development-related activities. The timing of dredge
and fill activities shall be coordinated with bird nesting
behavior to minimize impacts, especially to any
threatened/endangered species/ or species of special
concern that are present.
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<!:'pnlcwr BAY CONSERVA'l'ION ARB:
Installation of structures or other facilities in the Cla~
Bay syste~ shall not be permitted without the approval of
the Federal, State, and County regulatory aqencies, nnd the
Collier County Board of County Commissioners; any
facilities must be in compliance with applicable sections
of the Pelican Bay PUD.
1.2': Dredging by permit or otherwise shall not occur in Outer,
Inner, or Upper Clam Bays, their connecting waterways,
and/or adjacent wetlands, or Clam Pass (except to maintain
the openinq to waters ot the Gulf of Mexico), as specitiCld
by U.S. Army Corps of Engineers permit No. 791<-0282. 1'his
entire area is defined as the Pelican Bay Conservation
Area, to be maintained as such in perpetuity, and
provisional conservation uses are described under the
Pelican Bay PUD, Collier County Official Records Book
000966, pages 001826-00l~42.
SPECIES PROTECTION:
1.27: Persons engaged in gathering shellfish or other
marine/estuarine animals shall be subject to regulation by
F.S. 370.06 and F.S. 370.10 (reference CCME Objective 7.3).
1.28: The County shall adhere to r.s. 370.041 for the protection
of sea oats (Unioia Daniculata) and sea grapes (Coccoioba
yvitera) occurring on coastal beaches (reference COME
Objectives 11.3 and 11.4). .
1.2'1 Development in mangrove habitats shall conform with
r.A.C. 17-321 requirements, and if in the ACSC ST area,
shall also conform with LDC Section 2.2.24.3.2, 1) d).
1.301 Development in Bald Eagle nesting habitats shall conform
with LDC 3.11.3.
RECOKKBKDA'l'ION 2
Nothinq contained in these recommendations shall bind the Board
of county Commissioners in any way except that where these
recOllUllenc1ationa result in a proqram, pOlicy,orc1inance or
. requlation, the recommendation shall serve as a guide for staff
in developing the resultant policy, program, ordinance or
regulation. Any action taken pursuant to these recommendations
shall be approved by the Board of County Commissioners by
Ordinance or by Resolution, as appropriate.
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Collier County may adopt, by resolution, pOlicies that provide
guidance for programs, activities, and ordinances related to the
management of the Coastal Zone. Such pOlicies may include:
2.11 Definitions listed in Section II 1.1.2 "Definitions" of
the Coastal Zone Management Plan (1991) Technical Document
shall be adopted to define terms in these recommendations.
2.21 All plans, policies, stipulations, re60mmendations, and
regulations relating to land management in the coastal
zone shall be based on existing data or scientific
evidence relevant to the subject coastal zone.
2.3: Recommendations in documents previously contracted by the
County for Coastal Zone Management Studies (i.e., Natural
Resources Management Department Technical Reports),
recommendations in the CZMP (1991) Technical Document,
recommendations in other relevant literature, and other
County documents, shall be considered for futuro
management plans or pOlicies concerning management of the
coastal zone in the County (reference CCf.lE Pol.i.cy 11.6.3).
2.4: Public expenditure on undeveloped coastal barr.i.er
systems shall be limited to: propertyacqUi$.i.t.i.on., pUblic
s,afety, education, habitat restoration, :r:'emoval of exotic
species as required by law, and recreation and reseclrch
facilities that will not-SUbstantially alter the natural
characteristics and the natural function of the
undeveloped coastal barrier system (modified from CCME
Policy 11.3.4).
2.5: The County shall support programs that promote the
conservation of the natural biological and physical
resources in the coastal zone (reference CCME Goal 7).
2.61 The County shall promote the conservation, maintenance, or
restoration of natural systems; habitats that are rare,
unique, or endangered, or otherwise incompatible with
human use shall be given high priority for protection and
acquisition (reference CCME Goal 6).
2.7: Analyses of coastal habitats shall be based on scientific
information and data from studies of.the coastal zone, or
from relevant studies from other areas similar to the
Collier County coastal zone (r(aference CCME Pqlicy
11.6.3) .
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The highest and best use of undeveloped coastal barriers
is as functioning natural systems (modified from CCME
Policy 11. 3 . 3) .
2.91 Recreation that is compatible with the natural functions
of beaches and dunes is the highest and best land use
(CCME 11. 5.1) .
J'OliI'I 3, 1992
J'INAL
The first priority for the use of waterways is safe and
non-conflicting use by all recreation and commercial
interests (reference CCME Objective 11.2).
2.111 The County shall protect, conserve, and enhance its
coastal wildlife resources (reference CCME Goal 7).
2.12: The County shall continue to cooperate with State and
Federal regulatory agencies to appropriately regulate
development in the coastal zone (reference CCME policy
1.1.5).
2.13: Where regulatory efforts of state and Federal regulatory
agencies are adequate, then County poliCies shall minimize
unnecessary duplication of regulatory efforts
(reference CCME Policy 1.1.5).
2.14: The County shall cooperate with State and Federal agencies
in considerations tore-structure inland drainage systems
in an effort to partially restore inland and estuarine
habitats (reference CCME Policy 2.1.4).
SPECIES PROTECTION:
2.15: The County shall cooperate with State and Federal
agencies in the study and protection of shore bird species
and their habitats (reference CCME Goal 7).
2.16: The County shall rely on the u.S. Fish and wildlife
Service and the Florida Game and Fresh Water Fish
Commission, as the lead agencies responsible for
protection and management of shore birds and their
habitats (reference CCME Goal 7).
2.17 The County shall cooperate with state and Federal agencies
in protection of Bald Eagles and their habitat.
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FINAL
lUlCOMHENDATIOH 3
Nothing contained in these recommendations shall bind the Bc>ard
of County Commissioners in any way except that where these
recommendations result in a program, policy, ordinance or
regulation, the recommendation shall serve as a guide for staff
in developing the resultant policy, program, ordinance or
regulation. Any action taken pursuant to these recommendati.ons
shall be approved by the Board of County Commissioners by
Ordinance, by ReSOlution, or during strategic planning review, as
appropriate.
Collier County may undertake or administer programs to enhance
the environmental quality of the County Coastal Zone, or programs
to acquire data and information to be used in the management of
the Coastal Zone. Such programs may include:
GENERAL:
3.1: Conditional upon the availability of resources and the
Board of County Commissioners' approval, the County shall
participate in and encourage Regional and St7,ateprograms
to acquire naturally functioning, undeveloped coastal
barriers to insure the preservation of their natural
function (modified from CCME Policy 1l.3.7).
3.2: Projects concerning the identification, acquisition,
and/or preservation of appropriate coastal Critical
Ecological Corridors shall be undertaken by the County by
August 1, 1994 (mOdified from CCME Objective 1.3).
3.3: By June 1,1996, the County Natural Resources Department
shall evaluate all eXisting County legiSlation relevant to
development in the coastal zone, and shall present this
evaluation with recommendations for possible ordinanca
revisions to the Board of County Commissioners (referc~nce
CCME Goal l).
3.4: The County Natural Resources Department shall pursue the
acquisition of grant funding, including that available
from the state of Florida Department of COIl'l1nunity Affairs
Office of Coastal Zone Management, to help support
research that will provide information applicable to 1~he
management of coastal habitat systems and their resources
(reference CCME Goal 1).
3.5: By June 1, 1993, the county shall provide educational
material about coastal habitats, to be available for
public distribution. The purpose of this material will be
to provide factual information about the County's coastal
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habitats and to allow increased awareness of natural
coastal systems (reference COME Goal 11).
3.'1 The County shall remove exotic plant species from County
owned properties in the coastal zone, and replace them
with native vegetation (reference COME Objective 11.4).
3.71 By June 1, 1996, the County shall initiate a long-term
program to monitor physical and biological properties of
nearshore and estuarine habitat systems. This program
will be designed to continue and expand the County's
existing co~stal monitoring program (reference CCNE
Objective 2.5).
3.8: The County shall initiate and support beach and dune
restoration and preservation programs where appropriate
(modified from CCME Policy 11.4.5).
3.91 By June 1, 1993, the County shall evaluate and make
available information on sea level changes and possible
effects on developments in the County's coastal areas
(reference CCME Policy 11.4.13).
3.101 By September 1, 1994, the county shall establish a program
to monitor and aSSess the health and viability .Of the
County's seagrass beds. Seagrassbeds that continue to be
degraded by boater impacts may have regUlatory signs
posted around their perimeters by the County, and shall be
considered for designation as refuge areas~ Thisprog~am
shall insure this assessment for a minimum of ten years.
Areal extent, degree of prop scarring, biological
diversity (an indication of ecosystem health), indicator
species, etc. shall be studied in an ongoing project.
until this program is implemented, the seagrasses of the
County shall continue to be monitored by the County
Natural Resources Department staff (reference CCME
Objective 6.6).
3.11: By June 1, 1996, the County Natural Resources Department
shall analyze the County's coastal zone habitat areas and
wildlife populations, and shall recommend whether
additional protection by county Ordinance may be
appropriate for certain species of wildlife in the coastal
zone (reference COME Goal 7).
3.121 As part of a comprehensive manatee protection plan, the
County shall complete, by August 1, 1994, a county-wide
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near shore boat traffic study. At a minimum, this study
shall include (reference CCME Objective 1.2):
A. Daily boat traffic of navigable passes and
channels;
B. Seasonal differences in boat traffic;
C. Adherence to posted speed limits;
D. Boat traffic outside of marked channels;
E. Other factors determined as important.
The County Natural Resources Department shall recommend to
FONR that ,certain geographical locations be designated by
FDNR au preferred docking facility sites according to the
following criteria (modified from FDNR, Nov. 8, 1989;
reference CCME Policy 7.2.3):
A. Areas near inlets that are regulated for boat
speeds;
B. Areas that allow quick access to deep water
and/or the Gulf of Mexico;
C. areas zoned for commercial marinas open to the
public;
Ow Areas that will not negatively impact manatees or
their preferred habitats.
E. Areas that will not negatively impact birds or their
prefered habitats.
Freshwater inputs to the 'Clam Bay system shall be
monitored and modifications to inputs shall be made, if it
ia determined that quantity, quality, or timing of
freshwater run.off is adverselyaffeoting habitats in and
around the Clam Bay system (reference CCME POlicy 2.2.2).
By October 1, 1991, the County Natural Resources
Department shall provide, at cost, recommendations and
information on Coastal Barrier Units and Beach Segments,
as outlined in the CZMP (1991) Technical Document, for
distribution to property owners and managers in the
coastal zone (reference CCME Goal 11).
"Unit Recommendations", "Beach Segment Hazard Potential"
and "Bench Seqment Management Reoommendations", . as listed
in "Section 4.0, Coastal Zone Management Data Base", of
the CZMP (1991) Technical Docum~nt shall be evaluated and
revised, as appropriate, by June 1, 1997
(reference CCME Goal 11).
. &OO~ 000 PlGE 24
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';,.;.
3.1', Tho County shall provide intormation on xeriscape
techniques and native plant species as landscape materials
to reduce water consumption and the use of lawn and garden
chemicals (adapted from CCME Policy 4.2.6).
PUBLIC ACCESS:
3.18: The County shall evaluate appropriate public access
intervals for renourished beaches considering the demand
for recreation and the ability of the natural system to
support the demand. If existing access is not sutficient,
then the County shall acquire additional access points as
a part of the renourishment project (mOdified from CCME
pOlicy 11.2.2).
WILDLIJ'E PROTECTION:
3.19: The County Natural Resources Department shall compile
information on sea turtle activity on the county's beach
systems and continue to produce annual reports summarizing
sea turtle nesting activity on the County's beaches
(reference CCME Objective 7.3).
3.20: BY January 1, 1993, the County 'Natural Resources
Department shall develop, for review and approval by the
Board of County Commissioners, a County Coastal Bird
Protection Plan (reference CCME Objective 7.3).
3.21: The county shall establish procedures to work with the
U.s. Fish and Wildlife Service, and the Florida Game and
Fresh Water Fish Commission, in research and management of
coastal bird and bald eagle populations and their habitats
(reference CCME Objective 7.3).
3.22: By January 1, 1992, the County Natural Resources
Department shall develop, for review and approval by the
Board of County Commissioners, a Comprehensive County
Manatee Protection Plan (reference CCME Objective 7.2).
3.23: Areas shall be identified for regulation of human ac't:.ivity
based on use by manatees, sea turtles, and birds,
importance to these species, frequency of use or other
appropriate protection criteria. ~hese areas shall be
re-evaluated on an ongoing basis by the County Natural
Resources Department (reference CCMl:: Objective 7.2.1).
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Areas of restricted human activity for manatee, sea
turtle, and bird protection shall be identified as
appropriate, in cooperation with State and Federal
regulatory agencies (reference CCME Policy 7.2.4).
3.25: All areas where manatees have been found to congregate
shall be evaluated for the adoption of slow or idle speed
zones, with channel exemptions, where appropriate
(reference CCME policy 7.2.2).
3.26: An assessmant of critical manatae and bird habita.t areas
in the County shall be done so that recreational areas
overlap with assential habitat as little as possible. In
areas where recreational areas overlay with essential
manatee habitats, the recreational areas shall be
reassessed if mortality increases. Specific areas of the
county's coastal zone shall be designated as a critical
Manatee or Bird Habitat by resolution approved by tha
Board of county Commissioners (reference CCME POlicies
7.2.1 and 7.2.2).
INLET MANAGEMENT:
3.27: By June 1, 1995, the County shall establish contingency
plans for clearing and maintaining Wiggins, Clam, Capri,
and Caxambas Passes, after pass alterations.tllat.may be
caused by major storm events (ref~rence CCME 9bjective
11. 2) .
3.28: The County shall investigate alternative mathods of pass
clearing and maintenance or shall require that alternative
methods be investigated as part of proposals for pass
clearing and maintenance (reference CCME Objective 11.2).
3.29: The County shall be the entity responsible for developing
the inlet management plans and permit applications and for
maintaining the inlets according to applicable
requirements for all passes except Doctors Pass (City of
Naples), Gordon Pass (USACE) and Indian Key Pass (USACE)
(reference CCME objective 11. 2) .
PUBLIC EDUCATION:
3.30 Information that is relevant to Programs, Policies,
Regulations, or other aspects of the approved Coastal zone
Management Plan shall be offered to the public as part of
the county Environmental services Division's Public
Information participation Program.
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t~f,\ila()JommATION 4
,J:,:'h$~~:!,~:.:L:," ':,':.:"'"
,,:~~\jNothing contained in these recommendations shall bind the Board
</:'(of county COlnmissioners in any way except that where these
.",reCommendations result in a program, pOlicy, ordinance or
". 'regulation, the recommendation shall serve as a guide for staff
in developing the resultant policy, program, ordinance or
regulation. Any action taken pursuant to these recommendations
shall be approved by the Board of County Commissioners by
Ordinance or by Resolution, as appropriate.
Collier County may adopt regulations specific to the Coastal Zone
that will ena.ble appropriate management of the Coastal Zone.
Regulations may be implemented as amendments to existing County
Ordinances, or as part of newly developed Co~nty Ordinances, to
be considered for approval during required public hearings. Such
regulations shall include but not be limited to:
DEVELOPMENT STANDARDS, GENERAL:
4.1: "Unit Recommendations", "Beach Segment Hazard Potential"
and "Beach Segment Management Recommendation:s" (NRD
Technical Report 184-4), as listed in "Section, 4.0"
Coastal Zone Management Data Base", of the CZMP (1991)
Technical Document shall be considered for planning and
development in applicable coastal areas.
4.2: "Guidelines for Habitat Mitigation" and "Development
Standards" as outlined in "Section II, Chapter 5.0,
Guidelines for Development on Coastal Barriers", in the
CZMP (1991) Technical Document shall be considered for
planning and development in applicable coastal areas.
4.3: Agriculture (including aquaculture) anc:i timbering are not
exempt from the regulations in the CZMP (1991) Technical
Document related to the coastal zone, exclUding existing
permitted agriculture and fallow fields (modifiec:i from
COME Policy 11.3.15).
4.4: No applicable County permit shall be issued by the
Community Development Services Administrator or designee,
for any development project which impacts wetlands and lor
waters of the coastal zone, until the appropriate issued
valid permit(s) (ACOE, FDER, and SFWMD) for any
development project which impacts wetlands andlorwaters
of the coastal zone haslhave been issued and provided to
the Environmental Review staff of County Project Review
services, or their sUccessors.
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.. 4.':
In areas adjacent to estuarine systems, commercial
development, as defined by the present Growth Management
Plan, shall be restricted to water-dependent and
water-related uses that are allowed by the Future Land Use
Element Map.
Within the property boundaries of a proposed
development project, the following priority ranking for
the siting of shoreline development and the resultant
destruction Or disturbance to native vegetative
communities shall apply (mOdified from CCME 11.1.4):
A. Areas presently developed
B. Disturbed uplands
C. Disturbed freshwater wetlands
D. Disturbed brackish water and marine wetlands
E. Viable unaltered uplands
F. Viable unaltered freshwater wetlands
G. Viable unaltered brackish water and marine
wetlands. .
KITIGATION STANDARDS, GENBRAL:
4.1: Within the property boundary of a proposed development
project, development activities and mitigation for
development, except for pristine areas proposed for
preservation, shall be preferred in areas that are shOwn
to have been significantly disturbed by human activities
or are significantly altered by invasion of exotic species
(reference CCME Goal 6).
4.8: Until the adoption of a County Habitat Protection
Ordinance, appropriate habitat mitigation shall continue
to be determined site-specifically through negotiations
between the applicant for land use activities and the
community Development Services Administrator or designee,
or their successor. Approval of plans for mitigation
(when required), by the Community Development Services
Administrator or deSignee, shall occur before development
plans receive Preliminary site Plan approval or
SUbdivision Master Plan approval (reference CCME Goal 6).
4.9: Mitigation activities that are completed and approved
before project commencement or commenced prior to project
ground-breaking and that are phased in concurrently with
phased development activities shall be encouraged in every
case to insure compliance.
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only soils that are compatible with coastal habitat
systems shall be used for enhancement or creation of
coastal habitat systems.
Standards for construction of riprap revetments
shall include a minimum waterward slope of
2(horizontal):1(vertical). Planting and maintenance of
appropriate native vegetation at the toe of the revetment
shall be required where appropriate, in accordance with
specifications by the Community Development Services
Administrator or designee (adapted from F.A.C. 17-312).
4.12s The first priority for removal of exotic species, as
required by County Ordinance 91-47, as amended, and LDC
Div.3.9, as amended, shall be coastal shoreline areas.
Plans for exotic removal and maintenance shall indicate
the removal of exotic species, as required by County
Ordinance 91-47, as amended, and LDC Div. 3.9, as amended,
and a maintenance program approved by the Community
Development Services Administrator or designee. Exotic
species shall be removed first from within 100' of MHW
during any coastal exotic species removal program
(reference CCME Policy 6.4.3).
DOCKS, BOAT RAMPS, , MARINASz
4.131 Marinas and multi-slip docking facilities shall prepare
hurricane plans for approval which describe measures to be
taken to minimize damage to marinas and other mUlti-slip
docking facilities and neighboring properties and the
environment; this hurricane plan shall be reviewed and
approved by the County. The County shall adopt standards
for the preparation of hurricane plans. (mOdified from
CCME Policy 11.1.6).
4.14: Disturbed habitats are preferable marina sites over
pristine, undisturbed habitats. Expansion of existing
marinas in suitable locations is preferable to the
construction of new marinas (modified from FDNR, Nov. 8,
1989).
4.15s The first choice for new boat ramps and expansion of
existing boat ramps shall be at locations where there is
nearby access to the Gulf (modified from FDNR, Nov. 8,
1989).
4.16s Multi-family and other multi-slip non-commercial boat
docking facilities of 10 slips or more shall require an
Environmental Impact statement that considers potential
&OOK 000 PACt 29
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impacts to adjacent uplands within property bOUndaries,
uplands utilized for dock access, wetlands, benthos,
seagrasses, manatees, and water quality (reference CCME
Policy 1. 3.2) .
4.17s with regard to allowable densities for single family and
multi-family and other multi-slip non-commercial boat
docking facilities, the County shall implement the current
guidelines and regulations of the State of Florida DNR and
Governor and Cabinet (reference FDNR, Nov. 8, 1989).
4.19: Idle speed zones shall be implemented at all existing and
new marina basins, commercial boat ramps, and other
mUlti-Slip docking facilities of more than 25 slips, and
access channels to them.should be designated slow speed
zones. These developments shall supply and maintain
regulatory signage within the facility and in their access
channels, and supply and maintain educational displays and
literature on manatee protection and natural resources
conservation (modified from FDNR, Nov. 8, 1989).
4.20: The County shall further regulate boating activities to
conforfuto State requirements for boating safety and
manatee protection, as well as to reduce damage to
shorelines and to minimize noise disturbances (reference
CCME Goal 6).
4.21 Where heavy boat traffic and manatee concentrations
overlap, slow or idle speed zones without channel
exemption shall be installed (reference CCME 7.2.2).
DREDGE , FILL ACTIVITIES:
4.22s The County shall allow maintenance dredging of existing
residential canals to allow for a controlling depth of 5
feet (reference ACOE "Wiggins Pass Improvement Projects
for Small Boat NaVigation", 1980).
4.23: Man-made or man-altered channels or other water bodies
that exceed natural surrounding depths, and that show
evidence of anoxia, chemical stratification, or other
signs of unhealthy benthic conditions shall be considered
for restoration. Priorities for restoration should be
(adapted from FDBR's "Diagnostic/Feasibility Study for
Moorings Bay", 1981):
A. Filling the excessively deep areas with compatible
substrata material, to surrounding bottom depths, or to
a depth that is shown to be conducive to thorough
&OOK 000 PAGE 30
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flushing by naturally occurrin~ water currents, in
order to maintain healthy benthic community conditions,
or;
B. Removing adjacent substrata to allow adequate flushing
in order to maintain healthy benthic community
conditions.
4.24: Where compatible, and where standards in F.A.C. 17-302
can be met, spoil material from back bay dred~ing projects
shall be considered for use in the development of natural
habitat islands in areas adjacent to, or in the same bay
system as, dredging projects.
PELICAN BAY CONSERVATION AREA:
..25: Functional seagrass beds shall be marked and placed off
limits to motor driven vessels. The Clam Bay system shall
be posted as a no wake ~one (reference CCME Goal 6).
4.26: Clam Bay habitat systems shall not be further degraded.
Attention shall be focused upon ways and means of
preserving and improving the natural habitat of the Clam
Bay ecosystem.
UNDEVELOPED COASTAL BARRIERS:
4.27: In the case of areas on coastal barriers that have been
designated as "undeveloped" under the Coastal Sarrier
Resources Act of 1982, as amended, by the U.S. Department
of the Interior, the County shall not approve any plan of
development, which either individually, or in. combination
with other adjacent development, would result in an
undeveloped island, or undeveloped island segment reaching
or exceeding a density of one structure per five acres of
fastland (reference CCME Goal 11).
PU13LIC ACCESS:
4.28: The County shall coordinate with state and Federal
agencies regarding use of and access to Federally and
state owned properties in the coastal zone for public use
(modified from CCME Policy 11.2.6).
4.29: Existing legal access for the public to the beach shall
be maintained by new development. New beach front
development shall show on their site-plans existing boach
access ways and the proposed development shall continue
that access way, relocate it on the site, or donate it to
the County (modified from CCME Policy 11.2.1).
&OOK 000 p~GE31
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The County shall regulate activities so that the
activities shall not threaten the stability of the dunes
or the beach itself (modified from CCME Policy 11.5.7).
:.<:tJt:-,'"
USI O. NATIVB VBGETATION:
;,.",:5:';,'
Oivisions 2.4 and 3.9 of the LOC shall be amended as follows in
Recommendations 4.31 through 4.34:
4.31: '!'he County shall require dune revegetation in land
development projects along beach areas. (modified from
CCME Policy 11.4.4).
4.32: The County shall require native vegetation as landscaping
in development activities on developed coastal barriers
(modified from CCME Policy 11.4.6).
4.33: Appropriate native vegetation shall be required as the
only stabilizing medium in any coastal barrier vegetation
or restoration program (modified from CCME POlicy 11.3.5).
4.34: To the extent that native vegetation is lost during land
development activities on coastal barriers, and the
remaining native vegetation can be supplemented wIthout
damaging or degrading its natural function, any native
vegetation lost during construction shall be replaced by
supplementing with compatible native vegetation on site.
All exotic vegetation shall be removed and replaced with
appropriate native vegetation (modified from CCME pOlicy
11.3.9).
COASTAL CONSTRUCTION:
4.35: By June 1, 1995, the bounty shall consider revising LOC
Oiv. 3.13, the CCSL Ordinance Variance (reference F.s.
161. 053) .
4.36: Development and redevelopment proposals shall consider
the implications of potential changes in sea level
(modified from CCME policy 11.4.13).
4.37: Construction activities shall preserve or replace any
native vegetation on the site, and shall maintain the
natural existing beach profile and minimize interference
with the natural beach dynamics and function (modified
from CCME policy 11.5.11).
4.38: permitted structures, such as dune walkovers, chickee
huts, or other minor structures (as defined in F.B. 161),
in open beach habitats shall not exceed ten feet above
I ...lS'"
aOOK 000 PAGE 32
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ground level, and the total amount of shore-parallel
structure shall not exceed the maximum percent allowed by
the DNR Division of Beaches and Shores.
Design of coastal developments shall insure that no net
loss of sand occurs on the down-drift sides of the
proposed development (reference F.S. 161.053).
>4.40' The County shall require Site Oevelopment Approval for
new developments or redevelopments proposed to take. place
within areas identified as Coastal Barriers, with the
exception of one single family dwelling unit on a single
platted parcel (mOdified from CCME pOlicy 11.3.12).
SHORELINB ARMORING:
'4.411 The County shall prohibit activities which would result
in man-induced shoreline erosion or that would deteriorate
the beach and dune system (mOdified from CCME Policy
11.4.3).
4.421 The County shall prohibit shoreline armoring processes
on undeveloped shorelines and encourage non-structural
methods for stabilizing beaches and dunes (modified from
CCME Policy 11.5.9).
4.431 Substantial alteration of the natural grade on
undeveloped coastal barriers by filling or excavation
shall be prOhibited except as a part of a permitted dUne
and/or beach restoration program (modified from CCME
Policy 11. 3 .14) .
4.44: For the purposes of seawall construction fronting the Gulf
of Mexico, extreme cases of hardship shall be defined as
immediate threats to residential or commercial structures
(modified from CCME Policy 11.4.9).
81A TURTLI PROTECTION I
4.45: By June 1, 1994, the County Natural Resources Department
shall review LDe Division 3.10, Sea Turtle Protection
ordinance, and bring the recommendations to the Board of
County conunissioners for their review and approval
(reference CCME Objective 7.3).
4.451 LDC Division 3.14 shall be amended as follows: vehicle
traffic or traffic on the beach and dunes shall
be prOhibited except for emergency and County Development
Services Department approved conservation purposes,
&OOK POg,lGE 33
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FIUAL
environmental purposes, and bona fide construction
(modified from CCME Policy 11.4.10).
4.46: New construction or repair of any existing structures
(e.g., dune walkovers, seawalls or other revetments,
sandbags, groins or jetties, etc.) shall not be permitted
during sea turtle nesting season on any collier County
beaches (reference COME Goal 7).
4.47: The operation of motorized vehicles, inclUding but not
limited to, any self-propelled# wheeled# tracked, or
belted conveyance, shall be prohibited on coastal beaches
above MHW during sea turtle nesting season (May 1 to
October 31 of each year) except in cases of law
enforcement, emergency, or conservation of sea turtles
(reference COME Goal 7 and FDNR's "Beach Raking
Guidelines" & "Required E:lements of a Beach Cleaning Sea
Turtle Protection Plan"', 1989).
4.48: Beach raking and mechanical beach cleaning during sea
turtle nesting season (May 1 to october 1 of each year)
shall be confined to the area of beach below MHW (or
previous high tide mark) and, where a State certified sea
turtle monitoring program is in place, shall be performed
only after daily sea turtle monitoring has been conducted
by a State certified sea turtle permit holder (reference
COME Goal 7 and FDNR's "Beach Raking Guidelines" &
"Required Elements of a Beach Cleaning Sea Turtle
Protection Plan", 1989).
4.49: Beach raking and mechanical beach cleaning devices shall
not disturb or penetrate beach sediments by more than
the minimum depth necessary, not to exceed one inCh, in
order to avoid a potential increase in the rate of
erosion. In cases where the one inch depth is not
sufficient, a maximum depth of two inches, as allowed be
the Department of Natural Resources, will be permitted
(reference COME Goal 7).
4.50: Heavy equipment shall not be used to conduct beach
raking and mechanical beach cleaning. Light-weight
vehicles having wide, low prOfile, low-pressure tires
shall be used to conduct beach raking and mechanical beach
cleaning operations (refe.rence CCME Goal 7 and FDNR' s
"Beach Raking Guidelines" and "Required Elements ofa
Beach Cleaning Sea Turtle Protection Plan", 1989).
800K 000 PAct 34
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.' Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped coastal barriers (reference
CCME Goal 7).
~.S2: Sea turtle monitoring shall be conducted (by a State
certified permit holder) one year prior to the
commencement of beach nourishment or renourishment, and
shall also be conducted for at least 2 successive years
post-nourishment or renourishment (referenceCCME Goal 7).
4.53: Permits to allow operation of vehicles on County beaches
shall expire on Apr~l 30 of each year, to coincide with
the beginning of sea turtle nesting season (reference
CCME Goal 7).
MANATEB PROTECTION:
4.54: Development projects which may negatively impact
manatees and their habitat include dredging and filling;
construction of structures which impact aquatic
vegetation; marina, dockage, and boat ramp facilities; and
construction of bulkhead structures along shorelines. Any
such proposed project shall include a manatee protection
plan in its development scheme. A manatee protection plan
shall be submitted by the proposed development, for review
and approval by the County Development services
Administrator or designee, and shall address, at a
mlhiml.1nt,the following cqncerns (reference CCME Objective
7. 2) : .
1. Education,and pUblic awareness
2. Habitat monitoring
3. Manatee monitoring
4. Posting manatee and speed zone signs
5. Information on boat traffic
6. Maintenance and monitoring of water quality to
comply with State standards.
~.55: In order to protect manatees, marinas and multi-slip
docking facilities shall be prohibited in designated
manatee critical habitat unless other protective measures
are provided (modified from CCME 7.2.3).
COASTAL HABITAT PROTECTION:
4.56: Coastal xeric scrub, coastal hammock, and Coastal dune and
strand habitats shall be protected and preserved to the
maximwn extent possible while still allowing the proPerty
owner a reasonable use of'the land. Areas preserved shall
be subject only to passive uses.
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Mangroves or mangrove trees in Collier County shall be
defined as red mangroves (Rhizophora manale),black
mangroves (Avicennia Q'et;1t\inans), white. mangroves
(Lac:mncularia racemosa), and buttonwoods (ConQcarpuii
erectus) (reference CCME definition 1260. Wetlands).
4.58: Mangrove trees shall not be removed from, or altered in,
any tidal wetland habitats without County permission
(reference CCME Objective 6.2).
4.59: For mangroves proposed for removal, the applicant shall
acquire both a county Tree Removal Permit and a FOEn
permit. Before the County Tree Removal Permit APplication
will be reviewed, the applicant shall provide the
Environmental Review staff of County Project Review
Services, or their successors, a copy of the issued valid
FDER permit (reference qCME Objective 6.2).
4.60: For mangroves proposed for alteration, the applicant shall
acquire a FDER permit, shall notify the Environmental
Review staff Of. County Project Review Services, or their
successors, of intended alteration activity, and shall
furnish said County staff with a copy of the issued valid
FDER permit (reference CCME Objective 6.2).
SBAORASS PROTBCTION:
Projects shall be aligned so as to avoid seagrasses, and
to minimize impacts to other native shoreline, emergent,
and submerged vegetation and hard bottom communities
(reference CCME Objective 6.6).
4.64: The presence of seagrasses within 500' of any proposed
development project shall be ground~truthed prior to
project approval by the Community Development Services
Administrator or designee (reference CCME Objective 6.6).
4.65: Development projects which may negatively impact
seagrasses include dredging and filling; marina, dockage,
and boat ramp facilities; bridge projects; and
construction of bulkhead structures along shorelines.
Furthermore, upland development adjacent to waterbodies
containing seagrasses .may have a negative impact on these
areas through seepage of sewage and drainage of stortnwater
run-off into the waterbody. Any such proposed project
within 500' of existing seagrasses should include a
I -22-
aDDK 000 PAGt 36
)':'IC~9~ \
i,'~It. . ',;z'.
..~~~~\ .
-.Ict.~ ;';;;"_;1'
'\,I~~~
J'01U 3, 1992
PINAL
seagrass and water quality management plan in its
development plan, to give reasonable assurance that
seagrasses will not be negatively affected by the project
or by its associated activities. Such a manaCJement plan
shall be reviewed for approval by the Community
Development Services Administrator or desiCJnee (reference
CCME Objective 6.6).
4."1 Before a development in the Coastal Zone is approved, a
determination shall be made by the Community Development
Services Administrator or designee that the proposed
development will not adversely affect seagrasses by a
lowerinq Of water quality. Activities which may lower
water quality include but are not limited to: construction
of bulkheaded shorelines; increasinCJ stormwater run-ott,
turbidity, oils, greases, tnetals, pesticides, or
herbicides; introduction of other toxic substances into
adjacent waterbodies (reference CCHE Objective 6.6).
4.67: A proposed development that is determined to have a
negative impact on existing seagrass areas shall only be
permitted if the project is necessary to public health,
safety, and welfare, or for non-commercial dockinCJ
facilities where no other sitinCJ for docks is possible;
and if the project is shown to have minimized neCJative
impacts to the natural environment as much as possible;
and it it is in cotnpliance with existinCJ state and Federal
reCJulations; and if the impact to the seagrasses is
appropriately mitiCJated (reference CCME Objective 6.6).
4.68: All docking facilities, except for iridividual residential
lots, shall not be sited in seagrass areas. IndiVidual
residental lots are subject to 4.68 and 4.69 (reference
CCME Objective 6.6).
4." 1 All non-commercial dockinCJ facilities shall be aligned
so as to avoid seagrasses. Where there is no way to avoid
seaCJrassCls waterward of the property owner's shoreline,
jointly owned docks may be constructed by two or more
adjoininCJ property owners in order to minimize impacts to
seaqrasses (reference CCME Objective 6.6).
4.701 Where there is no way to avoid seagrasses, docks for
non-commeroial dookln9 faoilitit". shall be cOnstructed so
as to minimize shadinCJ effects to underlying seagrasses.
. Planking shall be at least 3/8 of an inch apart, and the
dock shall be at a height of at least two feet above the
surfaCe of the water at mean high tide
(reference CCME Objective 6.6).
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INLET MANAGEMENT:
4.71: In the preparation and application of detailed inlet
management plans that are used to support state and
Federal permitting, recommended regulations 4.76-4.77 in
this document shall apply (reference CCME Objective 11.2).
4.72: The County shall regulate activities to properly manage
natural habitat areas that are affected by the following
inlets or passes: Wiggins Pass, Clam Pass, Little
Marco/Hurricane Pass Complex, Big Marco/Capri Pass
Complex, Caxambas Pass, and 10,000 Islands passes
(reference CCME Goal 2).
4.73: The County shall support appropriate activities that
promote safe navigation in County controlled coastal
inlets except for Clam Pass and other passes or pass
systems that are not currently navigable, reasonable
access to inshore waters except for the Clam Bay system
and other inshore waters that currently are not reasonably
accessible, and reasonable recreational uses of County
waters. Dredging may be an appropriate activity for
Wiggins Pass only (reference CCME Objective 11.2).
4.14: Maintenance dredging of passes shall be allowed only where
permits currently exist for dredging, or for currently
navigable passes where existing or currently permitted
overall pass dimensions become reduced, so that the
current level of service is no longer possible. Pass
improvement structures, such as jetties, revetments,
seawalls, etc~, shall be prohibited (reference CCME
Objective 11. 2) .
4.75: An Advisory Board shall be established for Wiggins Pass
(reference CCME Objective 11.2).
4.76: Whenever possible, dredging operations shall coincide
with required nearby beach nourishment operations, so that
compatible and approved dredged material may be used for
beach nourishment (reference F.S. 161.142).
4.77: For those passes under County control, Wiggins Pass,
Clam Pass, Little Marco/Hurricane Pass complex, eig
Marco/Capri Pass complex, Caxambas Pass, and 10,000
Islands passes, the County shall assume no financial
responsibility for nor will the County allow increasing or
maintaining pass dimensions or configurations beyond
present eXisting or currently permitted dimensions
(reference CCME Objective 11.2).
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The County shall consider periodicl'llaintenance Of
currently altered passes for which it holds
responsibility. such passes may be dredged for
maintenance every three years as an ongoing program, with
provisions for emergency dredging after major storms or
other events that may cause compromise to the use of
passes (reference CCME Objective 11.2).
4.79: Any passes or inlets that are created by a storm or
other natural event, in an area that is greater than 500'
from a pass or inlet that is identified by name on a NOAA
National Ocean Service Navigation Chart at the time of
adoption of this pOlicy, shall remain as natural passes,
and shall not be altered, dredged, armored, or otherwise
maintained as passes in any condition other than natural
(reference CCME Objective 11.2).
BEACH NOURISHMENT:
4.80: The County shall regulate and support appropriate beach
nourishment projects (reference CCME Policy 11.4.5).
4.81: Priorities for approving proposed beach nourishment
shall be based on the following factors, (reference F.S.
161. 35, 161. 53) :
1. preservation of upland real estate.
2. Enhancement of recreational beach area.
3. Re-creation of naturally compatible systems.
4.82: Properly designed beach nourishment projects shall be
considered as'more appropriate for shoreline protection
than shore armoring or other shore hardening methods
(reference CCME Policy 11.5.9).
4.83: Monitoring programs for measuring beach profiles and
biological communities of beach nourishment projects shall
be required immediately prior to filling operations to
determine pre-existing conditions. profiles shall then be
surveyed immediately following completion of beach
nourishment to be followed again in six (6) months and
annually thereafter or according to the permit conditions.
other monitoring programs. may be appropriate to determine
the success of beach nourishment projects (reference F.S.
161.36 and CCME Policy 11.5.11).
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contractors responsible for the desiqn and construction
of beach nourishment projects shall assume the
responsibility for insuring that an appropriate amount of
newly created beach remains on site fOr an appropriate
length of time beyond the duration of the project. The
appropriate amount shall be specified in the County's
contract with the beach renourishment construction firm
(reference F.S. 161.36).
4.85: Environmental surveys for beach nourishment projects
shall contain, at a minimum, considerations as outlined in
Section 8 of the CZMP (1991) TeChnical Document (reference
CCME policy 11.6.3).
".90: Emergent or incipient emergent sand bars, except thos.e
in passes which are to be routinely removed as part of
pass maintenance, shall not be used as borrow material for
beach nourishment or renourishment projects (reference
CCME policy 11.6.3). .
4.91: As a part of any County beach nourishment project, the
County, in coordination with the Florida Game and Fresh
Water Fish Commission, shall create a shore bird
preservation area (reference CCME Objective 7.3).
4.92: Immediately after completion of any beach nourishment
project and prior to March 15 of the next two nesting
seasons, monitorinq of sand compaction shall be performed
in accordance with cOmpaction monitoring protocols as
approved by the Florida Department of Natural Resources
and u.s. Fish and Wildlife Service. Steps shall be taken
to ensure that sand compaction does not adversely affect
sea turtle nesting and that the compaction parameters of
the renourished beach falls within the guidelines
established by the Florida Department of Natural Resources
and the u.s. Fish and wildlife Service.
4.93: Surveys for escarpments along the project area shall be
made in March of the two years followinq completion of the
project. Results of the surveys shall be submitted to the
Department of Natural Resources by April 1. Escarpments
which interfere with marine turtle nesting (exceeding 18
inches in height and for a distance of 100 feet) shall be
mechanically leveled to the natural beach contour, to
ensure that no escarpments are present prior to April 15
of the two years follOWing completion of the project. If
the project is completed during the nesting season, such
escarpments shall be leveled immediately, while protecting
nests which have been left in place.
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4.941 Reports on all nesting activity and marine turtle
protection measures taken during the nesting season
preclcling nourishment, during construction, and tor a
minimum of two additional nesting seasons post
construction. Monitoring of nesting activity shall be
conducted by a state Marine Turtle Permit holder and in
accordance with the state of Florida Department of Natural
Resources Division of Marine Resources regulations and
guidelines.
RECOMMENDATION 5
Thelmplementation of the Coastal Zone Management Plan shall be
guided by ,the following policies:
There will be no unn.ces~ary duplication of existing
regional, state, or federal permitting programs (CCME
policy 14 .1.1)
5.21 The County may adopt regulations to strengthen existing
permitting programs (CCME Policy 14.1.2)
5.31 prior ,to ,adopting any new regulations to implement the
Coastal Zone Management Plan, the following guidelines
shall be met:
A. It tulfills an important need not presently adequately
met by existing regional, $tate, or federal
regulation.
8. The regulation can be effectively and efficiently
adMinistered by authorized increases to County staff.
C. The cost to the County of impleMenting the regulation
shall have been identified and considered (modified
from CCME POlicy 14.1.3).
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