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1992-319 (Resolution) J't1JU3,UU 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 aOOK 000 PAG( to -1- 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, {~OOK 000 PAGE 11 -2- 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 ~ aOOK 000 PAGE 12 -3- 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 ;BOOK lJ()(l,AGE jl~ "~,}"",;' , . , ., trHR 'J . '.' I (j ff' .v. ". A'l'TEST: ". , ^ ". ~~~l\I~~W.4'~~,G,.::'~;Lts-i CLERK 'J .,)~, Y;{:;"""""'''' " ..,~ ~~lt::;D:' ":X'i':~. ." ~. 4" ,,', t."."-, I~t .O'.." \ :';';'. "..4' "1)'\\'\" " .". " " ,). l' . , .',: .(.;.t;:....!. "J"t. ': "'" '~'<'~.(~/." .;.....'..., :: I:, ~..'. ",<<." , ~ ';'( t",", '). <.'i,)<V::'.~, ~;;<,' -:' ", ,'/- ::):", 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: ,'. '. it ", -t'" ~ '"' :)::- :'r;/ '~I~J? :r::>~;";-' '.D6ne,' this ~ day of .':':,,~:;,'t;.:t ~ June , 1992. . I, " VJ. (! _ ;",f;"';;~\'};1"':" ': :~: '{'o'::Rf':";;': '. . ~j\'} ".< :',' <"<,,':'1.:"'/::"'" '.'Approved . as to form and }! ';' ....; ,,', 1.9al~'-,8utficiency: .;I~iJ{Q~~H~.~ ':, ~s.~~,tant County Attorney < I aoOK 000 PAGE 14 -5- ";~ ." 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). . &OOK 000 PAC( '15 I -1- J01C'I 3, lii2 J'INAL 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 . ~OOK 000 PAGE 16 I -2- 3tJD 3, 1i92 PINAL 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) . , >,;.,~. '-"',.-: 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). MO< 000 PAGE 17 I -3- J'01OC 3,U sa 2 :PINAL 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. aOOK 000 PAGE 1S I -4- JtJQ 3, 1102 I'IlfAL <!:'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. 'OOK 000 PAGt 19 I -5- .ran 3, 1SU~2 PINAL 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) . &OOK 000 PAGE 20 I -6- 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. MOK 000 P~Gl:. 21 I -7- J"O'1U 3, 1i92 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 MOK O()(j~GE 22 J1nfI 3, 1912 PINAL 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 ~OOK 000 PAGE 23 I -9- JUD 3, 1112 PINAL 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 I -10- JtJD 3, 1QQ2 J'INAL ';,.;. 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). aOOK 000 PAGE 25 I -11- .1O'JfB 3, 1~sa2 FINAL 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. &OO~ 000 ~~Gt26 I -12- JUn: 3, 1StSt2 FINAL 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. aOOK 000 PAGE 27 I -13- JOn 3, 1112 FINAL .. 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. ~OOK 000 PAGt 28 I -14- J'tJD 3, .1112 PINAL 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 I "'15- .:t01U 3, 1882 FINAL 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 I -16- .TO'lU 3, 1~~2 PINAL 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 I -17- . , Jt7D 3, 1012 :PINAL 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 JUn3,<ltSl2 J'I1OJ.. 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 J'U1f'I 3, 1G82 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 I -20- JlJI'Ia, 1et2 '.' purAL .' 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. I -21- aOOK 000 PAGE 35 JU1fK 3, 1882 J'INAL 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). I -23- &OOK 000 pm 37 Jt11U 3, les.2 FINAL 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). I -24- &OOK 000 P~('E 38 Jl110 3, 1002 PINAL 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). &OOK 000 PAGE 39 I -25- J'01fJ: 3, 1112 PINAL 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. I -26- ~OO( 000 Plct 4'0 JlJJII 3, 1882, PINAL 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). lOOK 000 PAGE 41 I -27-