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1992-319 CZM Section II (1.0) SECTION II DATA INVENTORY AND ANALYSIS COLLIER COUNTY COASTAL ZONE MANAGEMENT 1.0 INTRODUCTION. Management of Collier county's coastal resources has been required through state legislation, and is directed through Goals, Objectives, and Policies in the County's current Growth Management Plan. policies that address management of development on coastal barriers and associated coastal features were adopted through the Conservation and Coastal Management Element of the Growth Management Plan, in consideration of the County's existing natural resources, and potential for development in coastal areas. Priorities for land use activities are addressed with consideration for native habitats (Katzman and Cale, 1990), and standards for development are established to promote preservation and restoration of naturally functioning coastal systems within future development areas. state Requirements for Local Growth Manaqement In early 1988 Collier county initiated an updated Comprehensive Growth Management Plan (GMP), to revise and replace an earlier (1983) County Growth Management Plan (Board of County Commissioners, 1983) as required by the state of Florida Department of Community Affairs (DCA) through state of Florida statute 163.3174, and Florida Administrative Code (9J-5) requirements. This statute, and associated requirements, mandates that the County prepare and enact management plans that will address several aspects of County growth and development, including coastal barriers and associated habitat systems. Plans must comply with the stated intent of state legislation to "restrict development activities that would damage or destroy coastal resources" (F.S. 163.3178). In January, 1989, the Collier County Board of County Commissioners adopted by ordinance (Ordinance. 89-05) the present Growth Management Plan, including its Conservation and Coastal Management Element. The Conservation and Coastal Management Element (CCME) of the GMP consists of two main parts: 1) a data and analysis section describing the major habitat areas and natural resources within the county, and 2) a Goals, objectives, and Policies (GOPs) section. The GOPs are specifically adopted as County II-1- legislation, that provide legal authority for the use of the GMP as county policy in development planning and review. The Plan may also act as enabling legislation for promotion and adoption of further, more specific growth management requirements, and interim criteria for development review until specific legislation is adopted. Much of the CCME and many of its attendant GOPs are devoted to the County's coastal barrier system, and address concerns specific to extant habitats and development in these areas. Proposed Manaqement Measures Several sections within the GMP address growth and development in the coastal region of the County. Most specifically, Goal 11 of the CCME provides policy for general protection of the coastal zone. The CCME serves primarily as interim policy for coastal zone protection until more thorough measures are adopted, specific to the coastal zone, its habitats, and development potential on the coast. This long term protection will be addressed in detail in a Coastal Zone Management Plan, as required through Policies 6.1.1 and 6.1.2 (GOPs, CCME); the plan will be produced within the upcoming year, as required by this Policy. The plan will be based on existing legislation and GMP POlicies, and will present a more detailed analysis of coastal zone systems in which criteria and standards for development will be written to address activities in the coastal zone. Habitat Manaqement Obiectives: Theoretical Considerations MacArthur and Wilson (1967) introduced the ideas of habitat islands and resident populations, in their model of dispersal and distribution of floral and faunal populations. Their model has also been used in the design of park and reserve areas to promote species preservation (GMP, section 5.4.2, 1989). More recently, their hypothesis has been expanded to promote "habitat corridors" to connect major habitat islands, so that a more natural interaction of species may occur among the major habitat areas (Diamond, 1975; Goeden, 1979; Noss and Harris, 1986). A primary component of the present GMP is the establishment of "critical ecological corridors" throughout the County, including the remaining natural coastal zone systems. Habitat services (e.g., oxygen production, nitrogen fixation, water purification) are not obvious in many systems, but are easily demonstrated in coastal barriers and associated areas. Important attributes of coastal systems include: 1) natural and inexpensive protection to residences and other real estate from storm surges, 2)recreation areas that are the basis of much of II-2- the state's economy, and 3) habitats that are essential to many rare, unique, or endangered species, and other species that are important as renewable food resources. Also often not recognized, is the importance of inland and offshore habitat systems that interact with the near-shore and coastal habitats. The importance of maintaining interconnected systems has been outlined by the GMP, and is in compliance with one of the issues identified in the Regional planning Council Guidelines (Goal 10. A. Regional Issue: PROTECTION OF NATURAL SYSTEMS); therefore, maintaining habitat islands and corridors that are remote to the coastal zone itself is recognized as an important aspect in future coastal zone management. Current work is focused on management of coastal systems, and will be followed by management plans for other habitat areas within the county, so that considerations may be made for all habitats (Objectives 6.1 and supporting policies, CCME), and potential interactions of species within and among discrete habitat areas. The Coastal Zone Management Plan (CZMP) is proposed to contain data and analysis of the County's coastal areas, and recommendations for preservation, conservation, and acquisition of appropriate natural areas. Coastal Zone Management Reports that were undertaken as part of a County-wide natural resource identification program (Benedict et al., 1984; Gore, 1988; Gore et al., 1984, 1985) have identified major Coastal Management Units, and sections within the Units, that will be used as a base for coastal management considerations; within management segments, site-specific considerations may be made for proposed activities, based on existing habitats. Management considerations will also address inlets and their projected demands, protected species, and beach nourishment. Recent County legislation has put in place several Land Development Regulations (LDRs) that now require appropriate habitat preservation within development areas, protected species and habitat surveys, removal and control of exotic species, and the use of native species in landscaping. Similar requirements will be developed and expanded specifically for management of coastal zone systems, in response to requests by the development community to establish reasonable and objective design standards, and requirements by local and State legislation. SvnoDsis of Growth Manaqement Plan Goals. Obiectives. and policies for Coastal Barrier Svstems Goal 11 of the CCME GOPs is perhaps the singular section of the plan that most directly addresses coastal management issues. II-3- This Goal provides for protection, conservation, management, and appropriate use of the County's coastal zone, and provides for restrictions of activities that will damage or destroy coastal resources. Objectives and supporting Policies within this Goal provide adopted County policy as follows: 1. objective 11.1 sets priorities for allowable land uses in coastal areas, and priorities for coastal activities, based on proposed land use and habitat considerations. These priorities focus on water dependent and water related activities, shoreline and species protection, criteria for marinas and other shoreline developments, and establish GMP Policies as interim criteria for review of proposed development. 2. objective 11.2 insures that adequate access to coastal areas is available to the public by maintaining existing accesses and promoting acquisition of additional adequate facilities, providing development incentives for public accesses (also provided in pOlicy 11.4.11), and requiring County coordination with other regulatory agencies regarding public land use. 3. Objective 11.3 insures that undeveloped coastal barriers remain in their natural state and that their natural functions are protected, maintained, and enhanced. Protection of these coastal areas is addressed through the definition of undeveloped natural barrier systems and establishment of functioning natural systems as the highest priority use for these areas; public acquisition of these areas is recommended. Restrictions of certain activities through special Treatment and Planned Unit Development Zoning is required. 4. Objective 11.4 insures that developed coastal barriers and shorelines are protected. Protection of natural systems on developed barriers is primarily addressed by limiting the effects of development and promoting restoration of natural coastal functions; certain development and associated activities are prohibited; development criteria are established for species protection, and native plant species are required for landscape and habitat restoration. 5. Objective 11.5 establishes priority for protection of undeveloped shorelines to provide for recreational, educational, scientific, and aesthetic use of coastal resources. This Objective promotes public acquisition of undeveloped areas, prohibits certain development and II - 4 - associated activities to protect habitats and resident species, and requires standards for development in these systems, including dune and habitat restoration. 6. Objective 11.6 requires the development and adoption of a Coastal Barrier Management Plan, by August 1, 1990 (also required by policies 1.3.2 and 6.1.1). This plan will include criteria and guidelines for development, policies, and procedures for all coastal areas within the county. Many sections of the CCME may be related to the County's coastal systems, but are generally not specific to these areas. Other policy statements that may be relevant to coastal management include a general caveat for protection, conservation, management, and appropriate planning for natural resources (Goal 1), protection of surface and estuarine water resources (Goal 2) including the development of an estuarine management plan (Objective 2.5), protection of native vegetative communities (Goal 6) and the establishment of development standards in native habitat areas (Objective 6.1), protection of fisheries and wildlife (Goal 7), and a requirement to integrate management of coastal systems with other natural resource systems within, and contiguous to, the county (Objective 1.3, 6.7). * Modified from: Burch J.N. (submitted for publication). Coastal barriers and Growth Management Planning at the County Government Level. In: Coastal Management Workshop Proceedings at Rookery Bay National Estuarine Reserve. (submitted for publication) state of Florida Department of Natural Resources. 1.1 purpose and Authority The purpose of this Coastal Barrier Management Plan is to provide strategic guidance for future development and other activities in and around Collier County's coastal barrier system. The current county Growth Management Plan (GMP) provides the following definitions for some of the coastal barrier system components: "COASTAL BARRIERS" means barrier islands, spits, peninsulas, or similar landforms, including the Florida Keys, which front on the Atlantic Ocean, Gulf of Mexico, or straits of Florida and which separate estuaries or harbors from the open waters of the Atlantic Ocean, Gulf of Mexico, or straits of Florida. Rule 9J-5.003(12), F.A.C. "COASTAL BARRIERS, PRIMARY" means barrier islands, spits, peninsulas, or similar landforms, fronting on the Gulf of Mexico. II-5- t....- -.-,.--.- "COASTAL BARRIERS, SECONDARY" means barrier islands, spits, peninsulas, or similar landforms, situated between primary coastal barriers and the upland terrestrial coastal zone. For the purpose of this document, the term "coastal barrier" will include these definitions of physical barriers and their resident biological components. Also included will be their associated marine, brackish, and freshwater systems, and their resident biological components. Authority for the development of this plan has been outlined in policies 1.3.2 and 6.1.1 of the Conservation and Coastal Management Element of the county Growth Management Plan. Policy 6.1.1 also requires criteria for development and standards for land clearing in coastal habitat areas. 1.1.1 Coastal Zone Management History In 1983 the County Natural Resources Management Department initiated a comprehensive and systematic study of the County's coastal resources. This study, funded in part by the State of Florida, Department of Environmental Regulation, Office of Coastal Zone Management, has produced a series of technical reports that include an inventory of coastal resources, existing coastal development, analyses of coastal processes, and concerns of development in coastal areas. Table 1-1 lists reports developed as part of this systematic study. These facts and concerns were analyzed and considered in formulating recommendations that address each area of the County's coastal region. Present Direction and scope of the Plan The current Conservation and Coastal Management Element of the county Growth Management Plan contains several Goals, Objectives, and Policies that are related to management of the County's coastal systems (see Appendix A). Specifically, Policy 1.3.2 and objective 11.6 require that management plans and guidelines for the County's coastal barrier and estuary systems be developed by 1 August 1990. This coastal zone plan focuses primarily on the developed and undeveloped low energy beach-barriers and associated systems, that occur most commonly in the northern two- thirds of the County. The southern third of the County's coastal area is mostly a shallow, low energy mangrove estuary (i.e., the Ten Thousand Islands); this type of system will be addressed more thoroughly in a subsequent management treatment specific to the county's estuaries. II-6- 1.1.2 Glossary and Definitions GLOSSARY OF TERMS AND ABBREVIATIONS USED IN THE COLLIER COUNTY COASTAL BARRIER MANAGEMENT PLAN The following is a list of terms, abbreviations, and acronyms, with their respective definitions, in the County Coastal Barrier Management Plan. The list is not intended to be complete; many explanations not found in this list may be included in the text close to the term that is being used: F.S. GMP MHW MLW MSL NGVD NMFS NOAA NRD NRMD NRPA PUD SFWMD ST BEACH EROSION MEASUREMENT STATION CONSERVATION AND RECREATION LANDS COASTAL BARRIER RESOURCE SYSTEM COASTAL CONSTRUCTION CONTROL LINE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE COUNTY GROWTH MANAGEMENT PLAN CRITICAL ECOLOGICAL CORRIDOR CONVENTION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA CRITICAL WILDLIFE AREA FLA. BUREAU OF COASTAL ZONE MANAGEMENT DEVELOPMENT OF REGIONAL IMPACT ENVIRONMENTAL IMPACT STATEMENT FLA. ADMINISTRATIVE CODE FLA. DEPARTMENT OF ENVIRONMENTAL REGULATION FLA. DEPARTMENT OF NATURAL RESOURCES FLA. GAME AND FRESHWATER FISH COMMISSION FUTURE LAND USE ELEMENT OF THE COUNTY GROWTH MANAGEMENT PLAN FLA. STATUTES COLLIER COUNTY GROWTH MANAGEMENT PLAN MEAN HIGH WATER MEAN LOW WATER MEAN SEA LEVEL NATIONAL GEODETIC VERTICAL DATUM NATIONAL MARINE FISHERIES SERVICE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COUNTY NATURAL RESOURCES DEPARTMENT (FORMERLY NRMD) COUNTY NATURAL RESOURCES DEPARTMENT (NOW NRD) NATURAL RESOURCE PROTECTION AREA (COUNTY GMP) PLANNED UNIT DEVELOPMENT SOUTH FLA. WATER MANAGEMENT DISTRICT SPECIAL TREATMENT (zoning for environmental or other land use considerations; County Ord. 82-2, the Zoning Code, Sec. 9.1) BERM CARL CBRS CCCL CCME CEC CITES CWA CZM DRI EIS F.A.C. FDER FDNR FGFWFC FLUE II-7- r -~._"- STPP SWFRPC TED TIITF SEA TURTLE PROTECTION PLAN SOUTHWEST FLA. REGIONAL PLANNING COUNCIL TURTLE EXCLUDER DEVICE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (FLA.) U.S. ARMY CORPS OF ENGINEERS U.S. DEPARTMENT OF AGRICULTURE U.S. ENVIRONMENTAL PROTECTION AGENCY U.S. GEOLOGICAL SURVEY U.S. FISH AND WILDLIFE SERVICE WATER MANAGEMENT DISTRICT USACE USDA USEPA USGS USFWS WMD The following terms are listed and defined to provide information on their usage in the Collier County Coastal Barrier Management Plan. Many of the terms and their definitions have been adopted from the Conservation and Coastal Management Element of the current Growth Management Plan. ACTIVE BEACH ZONE means the avenue of sand exchange where the near-shore zone is the seaward, submarine expression of a coastal barrier that stores and occasionally exchanges sand with the upland feature. ALTERED NAVIGATION CHANNEL, PASS, OR INLET means a navigation channel, pass, or inlet modified by dredging or armoring activity for which past permits have been issued by any or all of the following regulatory agencies: U.S. Army Corps of Engineers, Florida Department of Natural Resources, Florida Department of Environmental RegUlation. BEACH means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach", as used in the coastal management element requirements, is limited to oceanic and estuarine shorelines. Rule 9J-5.003(7), F.A.C. BEACH ARMORING means the placing of hard structures, such as seawalls, groins, and rip rap, seaward of the coastal construction control line. BEACH DUNE means an active coastal dune with sand substrate; xeric; tropical, subtropical, or temperate; occasional or rare fire; marine influence; vegetation characterized by sea oats and/or mixed halophytic grasses and herbs. Also described as a pioneer beach with fore dune herbs and shrubs. These are typical halophytes which occur as scattered individuals, or as narrow grassy zones, or as shrub thickets. II-8- BEACH DUNE ZONE means sandy habitat of oceanic origin situated just landward of the active beach and generally characterized by xeric dune zone vegetation. CANAL means a trench, the bottom of which is normally covered by water, with the upper edges of its two sides normally above water (F.A.C. 17-312). CHANNEL means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water (F.A.C. 17-312). COASTAL AREA means: 1. That when preparing and implementing all requirements of the coastal management element except those requirements relating to hurricane evacuation, hazard mitigation, water quality, water quantity, estuarine pollution, or estuarine environmental quality, the coastal area shall be an area of the local government's choosing; however, this area must encompass all of the following where they occur within the local government's jurisdiction: water and submerged lands of oceanic water bodies or estuarine water bodies; shoreline adjacent to oceanic waters or estuaries; coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water-related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or estuarine shorelines; and all lands adjacent to such occurrences where development activities would impact the integrity or quality of the above. When preparing and implementing the hurricane evacuation or hazard mitigation requirements of the coastal management element, the coastal area shall be those portions of the local government's jurisdiction which lie in the hurricane vulnerability zone. When preparing and implementing the requirements of the coastal management element concerning water quality, water quantity, estuarine pollution, or estuarine environmental quality, the coastal area shall be all occurrences within the local government's jurisdiction of oceanic waters or estuarine waters. Rule 9J-5.003(11), F.A.C. 2. The region encompassed by Zone 1 of the Slosh Model. This is the area of the County from 0 to 8 feet above mean sea level that would flood on the average of once every twelve (12) years. II-9- COASTAL BARRIERS means barrier islands, spits, peninsulas, or similar landforms, including the Florida Keys, which front on the Atlantic Ocean, Gulf of Mexico, or straits of Florida and which separate estuaries or harbors from the open waters of the Atlantic Ocean, Gulf of Mexico, or straits of Florida. Rule 9J-5.003(12), F.A.C. COASTAL BARRIERS, PRIMARY means barrier islands, spits, peninsulas, or similar land-forms, fronting on the Gulf of Mexico. COASTAL BARRIERS, SECONDARY means barrier islands, spits, peninsulas, or similar land-forms, situated between primary coastal barriers and the upland terrestrial coastal zone. COASTAL BAY means body(ies) of brackish water usually land-locked on three sides, that naturally obtain fresh water run-off from rivers or streams. COASTAL BERM means an old bar or storm debris left over from times of higher sea level with sand/shell substrate; xeric to mesic; tropical or sUbtropical; rare or no fire; marine influence; vegetation characterized by buttonwood, and/or mixed halophytic herbs, shrubs, and/or trees. These associations are often found on the landward side of mangrove forests. In the mangroves they may be buttonwood embankments, mangrove hammocks, coastal levees, or coastal forests. Behind a beach, they are shell ridges. COASTAL HIGH HAZARD AREAS (also "high-hazard coastal areas") means areas designated by local governments pursuant to Paragraph 163.3178(2) (h), Florida Statutes, and includes areas which are scientifically predicted to experience destruction or severe damage, from storm surge, waves, erosion, or other manifestations of rapidly moving or storm driven water. These areas shall include all areas within the local government's jurisdiction, Federal Emergency Management Agency designated V zones, areas seaward of the coastal construction control line established by the Florida Department of Natural Resources pursuant to Chapter 161, Florida Statutes, and inlets which are not structurally controlled. Modified from Rule 9J-5.003(13) , F.A.C. COASTAL STRAND means a stabilized coastal dune with sand substrate; xeric; tropical, subtropical, or temperate; occasional or rare fire; marine influence; vegetation characterized by dense saw palmetto and/or sea grape and/or mixed stunted shrubs, yucca, and cacti. Also described as thickets of shrubs and trees, occurring mostly near the coast on stable dunes. Some of the thicket forest may eventually become hammock forest. II - 10 - COASTAL ZONE means all land and territorial waters west of the SLOSH zone 1 line (approximately u.s. 41, for most of the County) including water and submerged lands of oceanic water bodies or estuarine water bodies; shorelines adjacent to oceanic waters or estuaries; coastal barriers; living marine resources; marine wetlands; water-dependent facilities or water-related facilities on oceanic or estuarine waters; or public access facilities to oceanic beaches or estuarine shorelines; and all lands adjacent to such occurrences where development activities would impact the integrity or quality of the above. CONSERVATION means the wise use of natural resources in such a manner to ensure the continuation of such resources for future generations. CONSERVATION USES means activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitats. Rule 9J-5.003(19) , F.A.C. CRITICAL ECOLOGICAL CORRIDORS means strips of land, or habitat islands, of intact, naturally occurring native habitat, that connect larger intact natural habitat areas, and allow the movement of species and/or gene flow between the larger natural habitat areas. DEEPWATER PORTS means the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port st. Joe, Panama City, st. Petersburg and Pensacola. Rule 9J-5.003(20) , F.A.C. DEVELOPMENT means the act, process, or result of placing buildings and/or structures on a lot or parcel of land or clearing and/or filling of land. DUNE means a mound or ridge of loose sediments, usually sand-sized sediments, lying landward of the beach and extending inland to the landward toe of the dune which intercepts the 100-year storm surge. Rule 9J-5.003(26), F.A.C. DUNE AND STRAND means the vegetative communities which occupy the area from the active beachfront to inner-bay mangrove forests, or to non-salt tolerant vegetative communities. II - 11 - DUNE OVERWASH ZONE means a habitat that occurs when storm surges have breached the dune depositing a thin, fan-shaped overburden of sand/shellhash. The deposit initially is colonized by mixed halophylic herbs and shrubs, which are adapted to withstand storm surges. DUNE/WASHOVER ZONE means the zone that begins at the boundary to the active beach zone and extends landward to the limit of the "beach strand" plant community. ECOSYSTEM means any biotic community and its abiotic environment. ENDANGERED means species in danger of extinction if the deleterious factors affecting their populations continue to operate. ENDANGERED HABITATS means habitats and resident species in imminent danger of extinction or extirpation; habitat survival is unlikely if present factors that threaten the habitat continue to operate (mOdified from Ward, 1979). ENVIRONMENTALLY SENSITIVE AREA means unique uplands, wetlands, and any natural area which would be adversely impacted by development. ESTUARIES AND COASTAL BARRIER SYSTEMS (ECBS) means systems of mangrove habitat and other coastal barriers functioning as natural buffers and protection from hurricane and tropical storm surge, and as benthic, planktonic, and pelagic systems necessary to support viable fisheries (adopted from Appendix M, Growth Management Plan). ESTUARY means a semi-enclosed, naturally existing coastal body of water in which saltwater is naturally diluted by freshwater and which has an open connection with oceanic waters. "Estuaries" include bays, embayments, lagoons, sounds, and tidal streams. Rule 9J-5.003(28) , F.A.C. ESTUARY AND ESTUARINE SYSTEM means intertidal and sub-tidal habitats, including adjacent tidal wetlands, often semi-enclosed by land but has a connection to the ocean or Gulf of Mexico, and in which oceanic water is at least occasionally diluted by fresh water run-off from the land (Cowardin et al., 1979) FASTLAND means that portion of a coastal island above the upper limit of tidal wetland vegetation, or, if such vegetation is not present, that portion of the island above the mean high water line. (Proposed revision to Rule 18-21.003(22) F.A.C.) This area does not include interior wetlands. II - 12 - FISH CAMP means a temporary use chickee hut style structure, typically harboring the following characteristics: elevated on pilings, open-aired, without utilities such as water, sewer and electric lines or septic tanks, constructed with little or no disturbance of surrounding biological communities associated with waterfront areas, with a maximum construction footprint of one-thousand (1000) square feet, and one (1) associated access dock. All waste collection facilities must be designed for a temporary gathering only, e.g., a portable toilet with wastes removal for proper disposal. (EAC minutes, May 16, 1990). HABITAT means a place where an animal or plant normally lives, often characterized by a dominant plant form or physical characteristic. HAMMOCK means a group of "broad-leaved trees, either evergreen or deciduous, which are frequently associated with cabbage palm or other palms... forming a dense forest compared to the surrounding forests, marshes, or prairies" (Davis, 1943). INTERTIDAL WETLAND means coastal marshes and mangrove forests. LAGOON means semi-enclosed bodies of water where oceanic salt water is diluted by fresh water entering the estuary as run-off generally in the form of sheet flow. LIVING MARINE RESOURCES means oceanic or estuarine plants or animals, such as mangroves, seagrasses, algae, coral reefs, and living marine habitat; fish, shellfish, crustacea and fisheries; and sea turtles and marine mammals. Rule 9J-5.003(43), F.A.C. MANGROVE FOREST means an intertidal forest dominated by red mangrove, (Rhizophora manqle), black mangrove (Avicennia qerminans), white mangrove (LaqUncularia racemosa), buttonwood (ConocarDus erectus), or any combination of these species. MARINA means a facility with docks and/or moorings, that provides marine supplies and/or marine services; private yacht clubs are commercial marinas. MARINE HABITAT means areas where living marine resources naturally occur, such as mangroves, seagrass beds, algal beds, salt marshes, marine wetlands, rocky shore communities, hard bottom communities, oyster bars or flats, mud flats, coral reefs, worm reefs, artificial reefs, offshore springs, nearshore mineral deposits, and offshore sand deposits. Modified from Rule 9J-5.003(48), F.A.C. II - 13 - MARINE WETLANDS means areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 173.002, Florida Administrative Code. Modified from Rule 9J-5.003(49), F.A.C. MARITIME HAMMOCK means a highly diverse plant community located in the more stabilized back barrier zone. The area is more protected from storms and tidal inundation and plants tend to be less salt tolerant. Coastal hammocks are dominated by several species of temperate or tropical trees, under which a lush shrub layer exists. Also called Tropical Hammock. MITIGATION includes (a) avoiding the impact altogether by not taking a certain action or parts of an action; (b) minimizing impacts by limiting the degree or magnitude of the action and its implementation; (c) rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (d) reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and (e) compensating for the impact by replacing or providing substitute resources or environments (President's Council on Environmental Quality, National Environmental Policy Act, 40 CFR Part 1508.20 (a-e)). For the purposes of the CZMP (1991), mitigation refers only to restoration, creation, or enhancement of native habitats to compensate for permitted native habitat losses (modified from R. Lewis, III, 1990). MULTI-SLIP DOCKING FACILITY means any residential or non-commercial docking facility where marine supplies and/or marine services are not provided. NATURAL RESERVATIONS means areas designated for conservation purposes, and operated by contractual agreement with or managed by a federal, state, regional, or local government or non-profit agency such as: national parks, state parks, lands purchased under the Save Our Coast, Conservation and Recreation Lands or Save Our Rivers programs, sanctuaries, preserves, monuments, archaeological sites, historic sites, wildlife management areas, national seashores, and Outstanding Florida Waters. Rule 9J-5.003(54), F.A.C. NATURAL RESOURCES OF THE COASTAL ZONE means these resources shall include submerged wetlands, emergent wetlands in the coastal zones, unique uplands, rare and protected species (Threatened, Endangered, and Species of special Concern) and their habitats, fisheries and their habitats (especially estuarine nursery areas), beaches, and appropriate aquatic habitats. II - 14 - NATURAL RESOURCE PROTECTION AREA means portions of the County have been identified by the Collier County Natural Resources Department as being of extreme importance for one or more critical ecological functions. Some of these critical ecological functions are: aquifer recharge, storm water detention, protected and unprotected wildlife habitat, and normal conveyance of water toward the county estuaries. Types of Areas of Critical County concern are: 1. Water conservation and Protection Areas 2. Estuarine and Coastal Barrier systems 3. critical Ecological Corridors 4. Rare, unique and Endangered Habitats NEAR-SHORE ZONE means a submerged zone of sediment transport subject to the effects of waves and littoral and tidal currents. It is located immediately seaward of the beach and extends as a steep wedge of sand from the mean low water shoreline to the seaward limit of the effects of waves. OCEANIC WATERS means waters of the Atlantic Ocean, Gulf of Mexico, or straits of Florida, but does not include bays, lagoons or harbors. Rule 9J-5.003(58), F.A.C. OVER-WASH PLAIN means a coastal flat-land with sand substrate; mesic-hydric; tropical, subtropical, or temperate; frequent or occasional fire; marine influence; vegetation characterized by slash pine and/or cabbage palm or buttonwood and/or mixed halophytic shrubs and herbs. These are low sand flats left where storm waves have washed across a barrier island. The flatwoods on old over-wash plains tend to be denser than most because the barrier island location protects them from fires, so they don't burn as often. Halophytic shrubs and herbs are found around the periphery. POLLUTION is the presence in the outdoor atmosphere, ground or water of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water, in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property. Rule 9J-5.003(65), F.A.C. II - 15 - .-T-'.-~ PORT FACILITY means harbor or shipping improvements used predominantly for commercial purposes including channels, turning basins, jetties, breakwaters, landings, wharves, docks, markets, structures, buildings, piers, storage facilities, plazas, anchorages, utilities, bridges, tunnels, roads, causeways, and all other property or facilities necessary or useful in connection with commercial shipping. Rule 9J-5.003(66) , F.A.C. POWER-DRIVEN VESSEL means any vessel or craft propelled by machinery. PRESERVATION means perpetual maintenance of areas in their native state because of their intrinsic ecological and environmental values and functions. RARE means species which, although not presently endangered or threatened (as defined in this section), are potentially at risk because they are found only within a restricted geographic area of habitat or are sparsely distributed over a more extensive range. RARE, UNIQUE, OR ENDANGERED (RUE) HABITATS means nearly undisturbed habitats that are unusual, rare, or unique to Collier county (Appendix M, Growth Management Plan). REASONABLE ACCESS means safe navigation and access to and from the Gulf of Mexico at a controlling depth of 8' MLW. RIPRAP means a sustaining wall consisting of clean limerock devoid of metal reinforcing rods or other deleterious substances. Appropriate size of rocks shall be of 6"-24" diameter for backwater revetments, and greater than 24" diameter for Gulf-front revetments (F.A.C. 17-312). SEAGRASS BED means an expansive sub-tidal or intertidal area, occupied primarily by rooted vascular macrophytes, (e.g., shoal grass, halophila, widgeon grass, manatee grass, and turtle grass); may include various epiphytes and epifauna; octocora1s, sponges, stony corals, and attached macrophytic algae sparse, if present. Also called seagrass meadows. SHORELINE ARMORING means the placing of hard structures, such as seawalls, groins, and rip rap, in intertidal areas. SPECIES OF SPECIAL CONCERN means species that do not clearly fit into one of these categories - endangered, threatened, or rare - yet warrant special attention. II - l6 - STATUS UNDETERMINED OR UNDER REVIEW means species that are suspected of falling in one of these categories - endangered, threatened, rare, or species of special concern - but for which available data are insufficient to provide an adequate basis for their assignment to a specific category. THREATENED means species that are likely to become endangered within the foreseeable future if current trends continue. TIDAL MARSH means an expansive intertidal or supratidal area occupied primarily by rooted, emergent vascular macrophytes (e.g., cord grass, needlerush, sawgrass, saltwort, saltgrass, and glasswort); may include various epiphytes and epifauna. Grassy and shrub vegetation near the coast affected by surface and soil saltwater, from very saline to nearly freshwater conditions and on many types of soils. Based on Davis (1943), salinas (salt flats) should be included in this category. TROPICAL HAMMOCK: see Maritime Hammock. UNIMPROVED INLET means an inlet existing in its natural state; no jetties or shoreline armor. UPLAND means any land not designated as a wetland. VEGETATIVE COMMUNITIES means ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals. Rule 9J-5.003(95), F.A.C. WATER PROTECTION AND CONSERVATION AREA means an area that provides water conveyance and water storage for present and future aquifer recharge, fire retardation, wellfield water quality protection, and natural area wildlife protection (adopted from Appendix M, Growth Management Plan). WETLANDS means (but is not limited to): 1. A general term referring to a configuration of diverse ecosystems that are periodically inundated with fresh and/or salt water; those areas where the water level is at, near, or above the land surface for a significant part of most years, 2. Areas where water is present on an annual, seasonal, or periodic basis and where the water regime, or hydrology, is the dominant factor determining the existing assemblage of plants and animals. Generally, wetlands have shallow water or saturated soil during part of the year, all accumulate organic plant material, and all support a variety of plants. II - 17 - ----------,"-- 3. All submerged land, 4. Lands that are transitional between terrestrial and aquatic systems where the water table is periodically above, at, or near the surface of the land. This includes, a. forests dominated by mangroves (Rhizophora manqle, Avicennia qerminans, Laquncularia racemosa. and/or ConocarDus erectusl, b. any forested or non-forested system dominated by a wet prairie or marsh understory, c. hydric hardwood hammocks dominated by maple (Acer rubrum), bay (persea spp.) , and sweet bay (Maqnolia virqiniana), d. lands containing hydric soils and, e. salterns and salt barrens. 5. For regulatory purposes, the Board of County Commissioners has determined that the most recent definition of "wet1and(s)" as employed by the Florida Department of Environmental Regulation shall take precedence. WET PRAIRIE means shallow grassy marshes with few tall emergents; often found on marl soils (Ward, 1979). XERIC SCRUB means an old dune fine white sand substrate; xeric; subtropical; occasional or rare fire; vegetation characterized by sand pine and/or scrub oaks and/or rosemary and cladonia. Sand pine with thickets of scrub oaks and other low trees or shrubs, mostly on near-coastal and inland dunes or dry sands. In parts of Collier county scattered turkey oaks are present in this habitat. XERISCAPE means creating a landscape that uses drought-tolerant plants, emphasizing native plants. 1.2 FEDERAL REGULATORY FRAMEWORK At the Federal level there are several agencies which administer regulatory programs that affect coastal barriers and their associated natural resources. The key agencies are the U.S. Army Corps of Engineers (ACOE), the Environmental Protection Agency (EPA), the Department of the Interior, Department of Commerce and the U.S. Coast Guard. II - 18 - The Army Corps of Engineers reviews all activities which affect or modify wetlands such as dredge and fill, construction of any structure (bridges, dams, dikes or causeways, rivers and harbors) in or over navigable waters (Rivers & Harbors Act U.S.C. 401). The Environmental Protection Agency also becomes involved with dredge fill disposal sites (Federal Water Pollution Control Act 33 U.S.C. 1344). specific guidelines developed by the EPA in conjunction with the ACE are designed to avoid adverse impact on aquatic ecosystems, municipal water supplies, fishery areas, wildlife and recreational areas. The EPA also enforces national standards regarding air and water quality regulations, noise pollution, and disposal of hazardous waste. Responsibility for the enforcement of the Endangered Species Act belongs to the Department of the Interior. The Department provides for the protection of endangered species and designates critical habitats. Collier county is designated a critical habitat for the West Indian manatee (Department of the Interior, 1986). In addition, the National Park Service of the Department of the Interior has direct jurisdiction over the lands within the Everglades National Park. The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) provides funding through the Office of Coastal Management for implementation of the Florida Coastal Management Program. The United States Coast Guard acts as an enforcement agency in investigating oil spills and filing charges against responsible parties. The Coast Guard also coordinates permitting for bridges, causeways, and overhead pipelines (Coastal Barrier Study Group, 1988a). See Appendix 1 for a listing of appropriate federal legislation. 1.3 STATE REQUIREMENTS Although The Florida Coastal Management Program (CMP) program is administered by 16 State Agencies and based on 25 Statutes, the greatest portion of the CMP lies under the Department of Environmental Regulation (OER) , the Department of Natural Resources (DNR) , and Department of Community Affairs (DCA). The Florida Department of Environmental Regulation (FDER) is the lead agency under the Coastal Zone Management Act of 1972 as amended, and is responsible for reviewing direct federal activities, federally licensed and/or permitted activities and federally funded activities affecting the coastal zone to ensure consistency with the State's Coastal Management Program. II - 19 - -r- Financial assistance to local governments for the development and implementation of Coastal Conservation Programs is provided by the FDER. The DNR regulates beach nourishment and erosion control projects, regulates construction and excavation seaward of the Coastal Construction Control Line (CCCL), and ensures that proposed development has minimal impact on the beach and dune system and can survive a major storm. As a part of the coastal construction permitting process the 100-year storm surge must be considered, and Florida law prohibits (with limited exceptions) construction of buildings on the portion of the beach-dune system which is SUbject to severe fluctuations based upon storm waves or other predictable weather conditions (F.S. 161.053). FDNR's jurisdiction is limited to areas seaward of the coastal construction control line (CCCL). state law also prohibits driving on beaches and dunes (F.S. 161.58) and picking sea oats (F.S. 370.041). The DNR also reviews dredge and fill permit applications, and manages an extensive system of state parks, preserves, and recreation areas. The DNR offers financial assistance to local governments for development and implementation of coastal conservation programs such as the Erosion Control Assistance Program and the Recreation Development Assistance Program (Coastal Barrier study Group, 1988a). 1.4 COUNTY REQUIREMENTS The County regulates beaches and dunes through two primary ordinances: the Coastal Construction Setback Line Ordinance (73-3, 75-19) which is the same as the old (1974) State CCCL, and the Vehicle on the Beach Ordinance (74-8). The coastal construction setback line requires buildings to be sited so as not to interfere with the natural shoreline fluctuations, and to insure that the storm buffering capability and stability of the dune shall not be diminished. It prohibits construction activities seaward of the established line except for removal of exotic vegetation (Ordinance 82-37). Variances to allow construction seaward of this line may be sought by petition (Ordinances 79-19, 82-88). The Vehicle on the Beach Ordinance prohibits use of vehicles on or across the beaches and dunes; however, permission for the use of vehicles in these areas may be granted by exemption (Ordinance 79-46). Other ordinances which relate to the beaches and dunes can be located in Appendix 1. II - 20 - 1.5 Coordination with Municipalities The County's coastal zone resources are shared with its two incorporated municipalities, the city of Naples and Everglades city. Coordination with these political entities is advantageous from at least two perspectives: 1) In each instance, both the county and the cities capitalize on the coastal areas as a source of livelihood and centers of population. Economically and politically, common goals may be realized and approached by all governmental entities involved. 2) From an environmental perspective it is clear that natural habitats follow no political boundaries. Consistent policies should be considered for application in native systems by all political entities, for the common benefit of all the County's population. Both of the county's municipalities have developed Growth Management Plan policies that will help to insure coordination with the County's Coastal Management concerns. 1.5.1 city of Naples pOlicy 1-3 of the Conservation and Coastal Management Element of the City of Naples comprehensive Plan outlines the city's position on natural resource issues and responsibility for coordination with adjacent political entities: The City will coordinate development of performance standards and other pertinent coastal resource criteria with the resource management staff of the Rookery Bay Aquatic Preserve and County Natural Resources Department to ensure consistency with their management plans. Several other policies in the city's Conservation and Coastal Management Element may be relevant to natural resource concerns in the coastal zone, including programs for water quality monitoring (Program 3-7), bay and watershed management (Program 3-8), beach and marine recreation facilities (Policies 4-2, 4-5; Program 4-3), and beach restoration (Program 8-3). Policy 1-3 The city regulates coastal construction through both a variance process and a permitting process (Sections 3-85-2 and 10-3-2 respectively, of the Comprehensive Development Code). Section 10-3-2 also establishes the city Coastal Construction Setback Line, which is the state-established Coastal Construction Control Line of 1989. II - 21 - 1.5.2 Everglades city Policy 1.1.2 of the Coastal Management Element of the City of Everglades Local Government Comprehensive Plan, outlines the City's responsibility for coordination with the County, concerning Coastal issues: POlicy 1.1.2: Assist county officials in developing an integrated Collier County coastal management program, participate in the establishment of a Natural Resources Protection Advisory Committee to develop a conservation and management program for NRPA's, and assist in the development of a county-wide management plan to protect the natural functions of existina inlet~ and passes in Collier County. ----J - - -- Several other objectives and Policies in the City's Coastal Management Element include coordination in the development of Natural Resources Protection Areas (Policy 1.1.1), and land use activities for water-dependent and water-related activities (policies 1.2.1, 1.2.2). policies 1.1.1 and 1.1.2 of the Conservation Element of the City of Everglades Local Government Comprehensive Plan outline the city's responsibility to integrate programs with the County to produce comprehensive habitat and protected species conservation programs for areas including coastal areas: Policy 1.1.1: Policy 1.1.2: Cooperate with Collier County Government in their program to identify and evaluate native species, habitat types, and other natural resources and the development of alternative methods for protection or restoration of the ecological systems of Collier County by August 1, 1992. Assist County officials in developing an integrated Collier County conservation program. policies 1.2.2, 1.2.5, and 1.3.1 of the City's Conservation Element support these commitments with policies to limit the introduction of exotic species, promote artificial reef construction, and assist in the development of habitat management plans. II - 22 -