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Ordinance 85-64ORDINANCE NO. 85 - 6a AN ORDINANCE AMENDING ORDINANCE 83-54, THE COMPREHENSIVE PLAN FOR COLLIER ;~-COUNTY, FLORIDA BY ADDING AN ELEMENT TO THE COMPREHENSIVE PLAN ENTITLED THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN ELEMENT; BY PROVIDING A HISTORY OF THE LEGISLATION REGARDING THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN; PROVIDING A DESCRIPTION OF THE AREA; SETTING FORTH THE REGULATIONS GOVERNING LAND USE AND THE PROTECTION OF NATURAL RESOURCES IN THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN, MORE "PARTICULARLY DESCRIBED HEREIN AND PROVIDING AN EFFECTIVE DATE. ~HEREAS, the Collier County Planning Department petitioned the Board of County Co~issioners to amend the Comprehensive Plan of Collier County by adding the Big Cypress Area of Critical State Concern Element; %%nd, WHEREAS, the Big Cypress Area of dritical State Concern Element is required because oK legislative amendments to Chapters 163 and 380.05, \ Florida S£atutes; and, '. WH.~REAS, the Big Cypress Area of Critical State Concern, as designate~ by Chapter 380.055, Florida Statutes, is an area containing and having a significant impact upon environmental and natural resources of regional and statewide importance of the herein described real ..p~opsrty; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Coilier County, Florida: SECTION ONE: The legal description of the Big Cypress Area of Critical State Concern is set forth on Exhibit "A", attached hereto and incorporated herein, said description describing lands located within Collier, Dads and Monroe Counties. ~q~e Big Cypress Area of Critical State Concern Element of the Collier ~ounty Co~rehensive Plan shall be applicable to all areas of the Big Cypress Area of Critical State Concern located within the boundaries of Collier County. SECTION TWO: Collier County Ordinance'83-56, The Comprehensive Plan for Collier County, is hereby amended to add the Big Cypress Area of Critical State Concern Element, such comprehensive plan element to read as follows: BIG CYPRESS AREA OF CRITICAL STATE CONCERN ELEMENT I. INTRODUCTION The Florida Environmental Land and Water Management Act of 1972 (Chapter 380, Florida Statutes) established the procedure for designating and administering development regulations for "Area~ of Critical State Concern". As outlined in the Act, designation was to b6.1imited to areas containing environmental and natural resources of regional, ~tatewide and national importance. In 1973, the state legislature designat~d ~he Big Cypress Area as an area of critical state concern with the passage'of the Big Cypress Conservation Act. This Act set the boundaries of the Big Cypress Area of Critical State Concern and ~uthorized the state land.. planning agency to submit land development regulations a~plicable to ~he area. Recent amendments to Chapter 380 and ChapTer 16~. (The Local \ . Government Comprehensive Planning Act), have provided for state review and approval of portions of loc'al regulations~ a~d comprehensiy~ plans applicable to areas of critical state concern. Due to these recent ]egislative changes the m'iS Cypress ~rea of Critical State Concern -% Element has been included in the Collier County Comprehensive This Element is divided into three sections: Introduction; Setting and Problem Statement; and Implementation Strategy. The Introduction provides a brief description of the legislation creating the Area of Critical State Concern and a general overview of the element. The Setting and Problem Strtement section reviews the pertinent legislation governing the area and describes the area's demography, topography, soils, climate and vegetation· This section also discusses the relation- shir of the Big Cypress Element to the Land Use Element, Transportation Element, Natural Resources Element and Intergovernmental Coordination ELement. The last section, Implementation Strategy, describes the regu!a- tions which govern future land development and outlines Collier County's plans for implementing those regulations for the protection .~f the resources in the Area of Critical State Concern. II. SETTING AND PROBLEM STATEME2NT A. ~istory of Legislatioq The movement to preserve the Big Cypress Area began in 1968, whet the Dada County Fort Authority announced plans to build a 39 square mile Jetport, on the eastern edge of the Big Cypress Swamp, 6 miles north of Everglades National Park. Public concern over the location gf the Jetport and the surrounding development that would occur led to the Everglades Jetport Pact of 1970, an agreement between the U.S. Department of Transportation, the U.S. Department of Interior, Dada County Fort Authority and the State of Florida, whereby the Jetport would be moved to an alffernate site. The single runway training strip~ already constructed by the time the agreement was \ signed, could o~erate without ~ny expansion until the alternate mite . \ wag..selected. Pursuant to the agreement, the U.S. Department of Interior agree~ to undertaks the planning, development and coordin- ation of an ecological study of the Big Cypress region, including its hydrology. Under this agreement the Department would also provide recommendations for uses of the Big Cypress Swamp which would be consistent with the preservation and protection of the environment and ecosystems of the Everglades National Park, the water ~upply of the affected communities, and the marine resources of dependent estuaries. The Jetport controversy focused concern on the natural resources of the Big Cypress Swamp and prompted tbs passage of State a~d Feleral legislation designed to protect the area. The Florida Environmental Land and Water Management Act of 1972, (Chapter 380.05, Florid~ Statutes) established procedures for the designation of areas eontaining environmental or natural resources of regional or statewtde importance as areas of critical state concern. The Big Cypress Area was so designated by the Florida legislature with the pass,age of the Big Cypress Conservation Act of 1973 (Chapter 73-131Law~ of Florida, & Chapter 380.055 F.S.). This act set the boundaries of the Critical Area and established the process for developing land regulations to govern the area. In addition, this Act appropriated $40 million as the State's contri- bution for acquisition of lands within the Federal Big Cypress National Preserve. As designated, the Area of Critical State Concern includes the Federal Big Cypress National Preserve, and contiguous land and water areas which are ecologically linked with the Everglades National Park, estuarine fisheries of South Florida, and the freshwater a~uifer of South Florida. The Federal Big Cypress National Preserve was established ~n 1974 by Public Law 93-440 to ensura the preservation, conservation and protection of the vatural, scenic, hydrologic, floral, faunal and recreational values of the Big Cypress ~atershed. Approximately,, $116 million dollars were appropriated'for acquisition of la~s within the Preserve. The National Preserve protects ~ significant portion of the designated Area of Critical State Concern from land development. The boundaries of the Big ~ypress National Preserve and the Area of Critical State Concern are iljustrated on Map 1. During the 1983 Legislative Session several amendments were p~ed which affected local governments within designated areas of critical state concern. House Bill 359 amended both Chapters 380 and 163 Florida Statutes. Under this new law the Florida Department of Community Affairs (DCA), acting as the state land planning agency, must approve portions of the Comprehensive Plan and land development regulations for any local government area which lies within an area of critical state concern. Regulation approval applies only to the area which lies within ~he designated critical area. In addition, any local government which lies within an area of critical state concern and which has previously adopted a local government compre- hensive plan pursuant to Chapter 163, F.S. must bring the plan and land development tabulations into conformance with the prin.- ciples for guiding development within the area of critica~, stat~; concern. If the local government fails to submit the required documents, or if the re~ulations or plan submitted do not comply with the principles for guidihg development in an area of critical state concern, the DCA ~ay submit to the Administration Comission land development reg~la~ions and a comprehensive plan that are applicable to the critical area. In compliance with this recent legislation the Big Cypress' Area of Critical State Concern Element has been included in the Comprehensive Plan of Collier County. Description of the BiS Cypress Area of Critical State Concern The Big Cypress Area' of Critic&l State Concern contains lands in Collier, Dads and Monroe counties. The official boundaries of the Critical Area are depicted on Map' 1. Approximately 931,000 acre~ are contained an the Critical Area. Of this total, 778,200 acre~ are located within Collier County. · \ A la, ge proportion of the Critical Area within Collier County is under government ownership. The aforementioned Big Cypress National Preserve makes up approximately 570,000 acres of which 422,000 acres are located in Collier County. In addition, the State of Florida's Fahkahatchee Strand Preserve contains approximately 60,000 acres. These two Preserves make up 68% of the Critical Area; approximately 225,000 acre~ ara held in private ownership. For more information regarding the Fakahatchee and Big Cypress Preserves, please refer to the Future Land Use Element. Demographic Statistics There are three centers of population within the Critical Area. They are Everglades City, Ochopee, and Copeland. The existing dwelling units and population for these areas are presented below: 5 IM~ HENDRY CO. 1-75 MAP I RANGE ~8 MIll- 0 ~. 4 6 8 ¥il~l 26 J 27 I BIG CYPRESS AREA OF CRITICAL STATE CONCERN BOUNDARY AS AMENDED. COLLIER COUNTY BOUNDARY BIG CYPRESS NATIONAL PRESERVE IDENTIFIED TOWNS EXCLUDED FROM AREA OF CRITICAL STATE CONCERN ---- I TABLE I EXISTING DW~LLINC UNITS & POPULATION A~RIL I, 1982 ,DWELLING UNITS POPULATION Ochopee Copeland Everglades City 104 204 165 421 292 549 It must be noted that Everglades City and Ochopee are exempt frou the Critical Area requirements. Outside of the population centers, the critical area is sparsely populated. The April 1, 1982 popula- tion estate is approximately 1,678. ~..ot.ls.: Topograph'y & Water ResoU,rces So./._ls and Topography Land. in the Ar~a of Critical State Concern is generally low lying, poorly drained,, sand and limestone flatland. Soils are predomin- antly fine sands over limestone, ~mrl, or sandy marls, with varying amounts of organic matter such as muck, humus, or peat interspersed witht~ or overlyin$ the san~,~¢o~.,m~rls, The elevation of the region ranges from mean sea level to thirty (30) feet; however, most of the region is below fifteen (15) feet in elevation. The Area of Criti- cal Sta~e Concern is characterized by minimal downward slope (be- tween .2 and .5 foot per mile north to south and .3 foot per mile ess= to wes=), and' extensive areas of standing or slowly moving surface water during the wet season. 'In addition, much of the land is of limited value for development because it consists of lower lying wetlands including swamps, marshes, strands and sloughs. Groundwater The shallow aquifer of the Tamiami geological formation underlies most of the Big Cypress Area extending slightly north into Hendry 7 and Lee Counties. The water is hard, high in calcium bicarbonite, and of good quality; yet some salt water intrusion occurs inland of coastal areas during dry years. This aquifer is the primary source of potable groundwater for urban and agricultural uses in the Big Cypress Ares. Generally, the aquifer depth is greatest at the coast and becomes more narrow to the northeast, east and southwest forming a constrictive wedge at the Dada and Broward County lines, It is underlain by materials of low permeability which acts as the con- fining upper layer of the underlying Florida Aqaifer, This shallow aquifer comes to the surface in many places in the Area of Critical State Concern.. The shallow aquifer is recharged primarily by percolation from rainfall. During the rainy season the aquifer and overl~iffg soils become saturated and the water level reaches the land surface. At that time up to 90% cf the Area of Critical State Concern becomes innundated and overland sheet flow results; ., Surface Water "-~. \. Surface water is produce~ by seasonally heavy rainfall, shallow aquifer seepage, and outflow from the d~eper Floridtan ~quifer. Much of the surface water ia held in Pamlico Sand formation and collects in shallow depressions called sloughs or strands. Overflow .? from this region occurs as slowly moving sheet flow toward~'~he southwest. Climate, Ve~etation, & Wildlife The area's subtropical climate is characterized by long, warm and wet summers and short, mild and dry winters. The wet season begins in May with the heaviest rains occurring between July and October. Little precipitation occurs during the dry season which extends from November to April, Rainfall averages 53 inches per year, Much of the Area of Critical State Concern has water on the soil surface for as long as four to six months after seasonal rains cease. This prolonged hydroperiod is caused in part by slow natural drainage and reduced evaporation during ~he cooler winter m~nths. The receasion rate of standing water has been documented to be approximately .02 feet per day. Surface flow velocities range from 0 to 1,500 feet per day. The Area of Critical State Concern is characterized by diverse vegetative patterns and abundant wildlife. The distribution of vegetation and wildlife is largely a result of differences in elevation, soil type ann"water level. Eight ml.Jor plant communities have been identified within the Area of Critical State Concern: 1) ~lne Forests, 2) Hammock Forests, 3) Inland Swamps, Cypress and Bay Tree Forest, 4) Mangrove Swamp Forests, 5) Freshwater Marshes, 6) Saltwater Marshes and Salt or Brackish Water Prairies, 7) Wet Prairies, and 8) Dry ~rairies. At least 17 of the resident wildlife species are classified by the United States Fish and Wildlife Service as threatened, rare or endangered, including: the American Crocodile, Wood' Stork, Evergl.ades Kite, Southern Bald Eagle, Cape S~e Sparrow, Red-Cockaded Woodpecker, Florida Panther, Florida Black Bear and 'Florida Otter. Approximately 30-40 plant species in the Area of Critical State Concern are listed as rare, endangered or threatened, including most native orchids, some bromeliads, silver thatch and royal palms, and many hammock or pineland associated plants such as tree cactus and coontie. Please refer to the Natural '~esources Element for additional information on the native habitats and environmental characteristics of Collier County. Relationship to Other Elements of the Comprehensive Plan Although all elements of the Comprehensive Plan apply to the Big Cypress Area, the Land Use, Transportation, ~atural Resources and Intergovernmental Coordination Elements directly influence land use activities and resource management in the Area of Critical State Concern. Land Use Element The Area of Critical State Conce~rn has five land use designa- ciGna within its boundaries: Urban, Vested Area~ Parks and Preserves, Coastal ResoUrce Hanagement and Recreation Area (CRMRA), and Rural. The Land Use Element contains a "Future Land Use Map" that depicts the 8eneral location of these land use categories. Map 2 iljustrates the land use designations located within the Critical Area boundaries. The Urban designation applies to the areas of Copeland and Port of the Islands. This designation will permit these communities to develop as they have in the past, with a mix of residential and limited comercial uses. Everglade!, City, which is an incorporated municipality, has adopted a comprehensive plan which governs its lznd use. (See pg. 8, FurOre Land Use Ele- ment). The Vested Areas designate lands which are already subdivided into rural residential lots. The Vested Areas essentially .. consist of the Golden Gate Estates,Subdivision. Within the.. Critical Area boundary approximafely 7 square miles are designa~ed as Vested Area. The zoning classification is Estates, which permt~.s i single family dwelling unit per 2k acres. (See pg. 16, Future Land Use E~lement). "~ The Parks and PreNerves Land 0se Category encompasses lands of 25 acres or more managed for the preservation of specific natural features and for public activities that are .compatible with the overall goal of natural resource protection and maintenance. The Parks and Preserves lands designated within the Area of Critical State Concern includes the Big Cypress National Preserve and the Fakahatchee Strand State Preserve. The Big Cypress National Preserve consists of ~22,000 acres in the eastern part of Collier County. The Fakahatchee Strand State Preserve is approximately 20 miles long and 3 to 5 miles wide and contains 60,000 acres. Land uses permitted within this category are those that are allowed by the regulatory agency which manages the designated areas. Private land bold- MAP OF COLLIER COUNTY FLORIDA r---n . _.,~,? ,'.~- .. J~ MAP 2 LAND USE DESIGNATIONS WITHIN THE AREA OF CRITICAL STATE CONCERN k COASTAL RESOURCE MANAGEMENT/RECREATION AREA URBAN INCORPORATED AREA (EVERGLADES CI~) RURAL AREA OF CRITICAL STATE CONCERN ings exist within both the Federal Preserve and the Fakahatchee Strand. These in-holdin8s have the same land use as those adjacent lands not designated as Parks and Preserves. (See pg. 20 & 21, Future Land Use Element). The State of Florida is currently in the process of acquiring private in-holdings within the boundarieg of the Fakahatchee Strand State Preserve. The Coastal Resource Management and Recreation Area (CRMRA) land use designation applies to those undeveloped coastal portions of the Area of Critical State Concern. The Coastal Zone, important for flood protection, biomass production, fisheries reproduction and water quality enhancement, is an area where development and land alteration activities are subject to stringent Federal, State and Courty environmental review. The zoning classification is Agricultural and Agricul- rural, Special Treatment Overlay District, which permits maximum densities of 1 unit per 5 ac~es and only those activ-.. ities that will not alter or inierfere wi~ the inherAt ecological characteristics of the area. (See'pg. 23 & 24, \ · Future Land Use ElemeL~t). \ The remainder of the Area of Critical State Concern is desig- nated as Rural on'.'the Future ~and Use Map. The Rural designa- tion applies to those lands in the more remote portions o~'~he county that are less suited for urbanization. The zoning classification is Agricultural and Agricultural, Special Treatment Overlay District with maximum allowable densities of i unit per 5 acres. In addition, certain non-agricultural uses are also permitted. (See pg. 15, Future Land Use Ele- ment). Environmental constraints play a major role in determining permissible land uses. An overlay showing "Areas of Environ- mental Concern" was therefore added to the Future Land Use }~p. Most of the Big Cypress Area of Critical State Concern is covered by the Environmental Overlay. This Overlay provides general information on ~ite conditions and any environmental factors which may constrain future land use. (See pg. 24 & 25, Future Land Use Element). 2. Transportation Element Major highways and .Chef paved roads found within the Area of Critical State Concern include State Roads 84 (Alligator Alley), 92, and 29~':U.S. Highway 41 (Tamiami Trail), and County Roads 94 (Loop Road), 839 (Turner River Road), 837 and 841 (Birdon Road), 846 (David C. Brown Highway), and 858 (Oil Well Road). The only planned roadway improvements for the area between 1983 and 1990 include the re-construction of S.R. 84 as 1-75, a limited access four lane roadway, from C.R. 951 to S.R. 27 in Broward County. The ~oard of County Commissioners has indtcated~heir desire for an interchange at S.R. 29; however, present plans approved b~ the Department of Transportation do . \ not include one at this time. In addition to the paved roads there are 'numerous t~ails chat are used for access to hunting and fishing camps, l~iking and other recreational activities. Natural Resources Element The overall goal of the Natural Resources Element of the Comprehensive Plan im to conserve and maintain the natural resources of Collier County and their asscclated environmental and recreational benefi:s. The Element contains a description of the native habitats and water resources within the County and the impae~ that development may have upon them. The Natural Resources Element is implemented i~; two ways. On a short term basis a thorough environmental assessment is per- formed by the .County Environmentalist on all proposed develop- ments. In addition, long range resource management programs are being developed to provide a natural resources data base, land use guidelines, and a legal basis for ensuring sound environmental management within the County. Ail land use 13 activities within the Area of Critical State Concern must be consistent with the goals, objectives and policies set out in the Natural Resources Element. Intergovernmental Coordination Element The Area of Critical SCare Concern is regulated by Federal, State and local governmental agencies. Each governmental body and its respective area of responsibility are described below. Federal Government The Army Corps of Engineers reviews all activities which affect or modify wetlands and navigable waters. S~nce much of the Area of Critical State Concern is wetlands, the Corps has Jurisdiction over dredge and fill operations that occu~ there. THe U.S. Department of the Interior, National Park Service manages the Big Cypress National Preyerve. The Department. is', also responsible for tbs enforcemeni of the Endangered Species Act and the designation of critical habitat areaS;~. State Government ~ The Department of Natural Resources (DNR) manages an extensive system of state p'~rka, preserves and recreation areas thr~ugh- out the State. The Fakahatchee Strand State Preserve"4nd Collier Seminole State Park are managed by DNR and located within or adjacent to the Area of Critical State Concern. The Department of Environmental Regulation (DER) reviews dredge and fill projects and other activities that affect air and water quality. This state agency has Jurisdiction over some portions of the Area of Critical State Concern. The South Florida Water Management District (SFWMD) operates and maintains the South Florida water management system and reviews all surface water management and water withdrawal parmit applications. Any development within the Area Critical State Concern would be subject to this permitting process. The Big Cypress Basin Board is a part of the S~'a The main function of the Basin Board is to prepare proJsct plans and specifications and to conduct studies of the wa~er resources of Collier County. The Basin Board has no regulatot~ powers; yet reviews and manages Collier County's water a e In Collier ~ount' th Bi C ' ' -' ' the SFWMD's water management system. In accordance with Section 380.05 F.S., the Administrat Commission has sst forth land development regulations (ChaP'~ -! 27F-3 F.A.C.) for the Area of Critical State Concern. Th regulations include criteria' for site alteration, drains transportation facilities and structure installation. complete review of thes'p regulations is found within .~...Implementation Section of this element. Regional · The Southwest Florida Regional Planning Council (SWFRPC) a ! as the regional planning agency for Lee, Charlotte, Hend.~ Glades, Sarasota and Collier Counties. The SWFRPC is the review agency for Developments of Regional Impact (DRI)~s defined in Chapter 380.06 F.S. The Council reviews ~11 applications for developments above a certain threshold which have an impact on more than one county and makes recommenda- tions to the ~ocal governing body regarding the p so~e projects. Local Government County regulations which govern activities within the Are~ Critical State Concern are lis~ed in ~able 2, In additt~ ia~d development regulations for the Ar(.a of Critical St~all Concern as set forth in Chapter 27F-3 of the Florida Admin_~- trative Code are administered and enforced by Collier Count, 17. TABLE 2 COLLIER COUNTY REGULATIONS GOVERNING LAND USE AND ~E PROTECTION OF NATURAL RESOURCES IN THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN I. ~ounty Ordinances No, 83-54 83-3 82-113 82-3 82-2 80-49 79-62 77-66 76-67 75-21 74-50 74-20 70-2 82-91 Short Title Comprehensive Plan Ordinanca Excavation Ordinance Exotic Plant Ordinance Exotic Fish Ordinance Zoning Ordinance Special Treatment Area Regulations Boat Dock and Boat House Ord. Flood Plain Management Ord. County Environmental Impact Statement Ordinance Amendment to Wa~r Management Policy Protected Tree Removal Ord. Water Management Policy ~, Well Ordinance Salinity Line Ordinance Public Right-of-Way Ord. ~rincipal Department Planning Department Water Menagement Dept. Zoning Department Water 'Management Dept. Zoning Department County Environmentalist Zoning Department Building Department ., County ~nvtronmentali% t Water Management Dept. Zoning Department Water Management Dept. Water Management ~-pt. Water Management Dept. Engineering Department II. Other Regulations Dredge and Fill Permit Southern Standard Building Code (Building Permit) Subdivision Regulations (including Placing) Engineering Department Building Department Zoning and Engineering Department III. IMPLEMENTATION STRATEGY In accordance with Section 380.05, F.S. and Chapter 73-131 Laws of Florida, the Administration Commission instituted regulations for the Big Cypress Area of Critical State Concern. The purpose of these regulations is to conserve and protect the natural, environmental and economic resources of the Big Cypress Area. Furthermore, these regulations are to provide a land and water u,anagement system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of the residents of the State. These' regulations are to be implemented through the local government's existing admJnistrative procedures. Chapter 27F-3 of the Florida Administrative Cod~ establish the following criteria for site alteration, ';drainage, transportation facilities, and structure installation. It also provides for an exemption of agricultural activities and maintenance of vested rights in property. \ A. Sfte Alteration i. Site alteration shall be limited to 10% of the total site ;ize, and o installation of nonpermeable surfaces shall not exceed 50% of an)' such area. However, a minimum of 2,500 square feet may be altered on any permitted site. Except for roads, any nonpermeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site altera- tion areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable 17 species except that undesirable exotic species (see list below) shall not be replanted or propasated, Australian pine - Casuarina equisetifolia Bishopwood - Bischofia Javanica Brazilian pepper (holly) - Shinus terebinthfolius Castor bean - Ricinus communis Common papaya - Carica papaya Common snakeplant - Sanseviera trifasciata Day Jessmaine - Cesttmm diurnum Hunters robe - Raphidophora aurea .Melaleuca (caJeput) - Melaleuca leucadendra Queensland umbrella tree - Schefflera actinophylla Trailing vedelia - Wedelia trilobata 4. NO mangrove trees or or otherwise altered. regulation include: salt marsh grasses shall be destroyed Plants specifically protected by this : Red mangrove - Rhizophora man~l~ Black mangrove - Avicennia nitida "'~. White mangrove -.~a~uncularia racemosa Needlerush - JuncuS roemerianus Salt cordgrasses - S. patens, S. c~osurotdes, S. '.~partinae, S~artina alterniflora, Seashore saltgrass - Distichlis spicata Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of ~ater in a manner approxima~ing the natural flo~ regime and designed to accommodate the 50 year storm. Fill ,mm m ~ areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or signifi- cantly impeded tidal action in any portion of the estuarine zone, · 6. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. WheneTer mineral extraction is completed in new quarrying '~akea, shoreline sloping, revegetation and disposal of spoils or tailings shall be completed before abandonment. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as development or applies for a development permit as defined Section 380.031, Florida StAtutes, to develop any existing quarrying 4ake area, these regulations shall apply. \ 7.~.. Finger canals shell not be constructed in the Critical Area. 8. This rule ,shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conver- sion of land to agricultural use. Drainage 1. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance~ith paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. New drainage facilities shall release water in a manner ap- proximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, 19 either on site or to a natural retention, or natural filtration and flow area. New drainage facilities shell also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarina area. 3. New drainage facilities shall not discharge water to any coastal waters either directly or through existing drainage facilities. 4. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. C. Transportation Transportation facilities which would retain, divert or other- wise block surface water flows shall provid~ '~or the re- \. establishment of sheSt flow through the use of interceptor \ spreader systems or performance equiv,a~lent structures and shall provide for passage of stream, strand or slough waters through the use of bridges, culvertsf"piling construction or perform- ance equivalent structures or systems. Channeltzatton of such areas shall be the minimum length necessary to maintain reason- able flow and prevent weed blockage. Transportation facilities, constructed substantially parallel to tbs local surface flow, shall maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems. Structure Installation 1. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. 2. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. £ 3. This rule ~hall not appl~ to structures used or intended for ~. use in connection with the agricultural use of the land. Chapter 27F-3, F.A~C. states that all land development regulations adopted by the Administration Commission under Section 380.05, F.S. and 73-131, Laws of Florida, shall be administered by the local govern- ment. The inclusion of the state regulations within this Element of the Comprehensive Plan makes them a part of Collier County's land development regulations Any future land use activities proposed for the Area of Critical State Concern shall be reviewed by the Division of Community Development for compliance with the Comprehensive Plan. BIG CYPRESS AREA OF CRITICAL STATE GONCERN £LE~T GOALS, OBJECTIVES & POLICIES COAL To conserve, protect, and restore the natural resources of the Big Cypress Area of Critical State Concern. OBJECTIVE 1 The conservation and protection of the water resources of the Big Cypress Area of Critical State Concern. POLICIES A. Maintain the natural surface water flow pattetms and .discourage activities that would alter Water flow over the historic natural levels. B. Protect aquifer recharge areas and prevent activities that w~ld' deplete groundwater resources. C. Maintain the water quality' of surface and groundwater resources by minimizing activities that would lead to contamination by pollutants or the intrusion of sal~ water. OBJECTIVE 2 The conservation, maintenance, and restoration of the native ~abitats of the Big Cypress Area of Critical State Concern and the preservation of those habitats that are unique and/or incompatible with human use. POLICIES A. Preserve naturally vegetated areas for the support of native fish and wildlife and for their ability to slow surface water flow, recharge aquifers, and absorb pollutants. Protect freshwater marshes and swamp forests for water storage and species diversity. Preserve coastal mangrove forests' and salt marshes for biomas8 production including fisheries. OBJECTIVE 3 The protection of the native vegetation communities and the fish and wildlife resources of the Big Cypress Area of Critical State Concern. POLICIES A. Protect native vegetati6~, fish and wildlife through the maintenance of the natural hydroperiod and surface water flow regimes. B. Discourage those activities that would result in the removal of significant amounts of overstory and/or understory vegetation. .~' C. Protect the rare, endangered, a~d threatened species of plants \ and animals ar~ the habitats on which they depend for survival. \ D. P~bit the introduction and encourage the removal of exotic nuisance plant ~nd animal species. ~ OBJECTIVE 4 The design and implementation of a coordinated Federal, State, and Local land and water resource management program to protect the resources of the Big Cypress Area of Critical State Concern. POLICIES A. Establish lines of co~unication between Collier County and ali State and Federal Agencies involved in land planning and resource management in the Big Cypress Area of Critical State Concern. Encourage and participate in long range resource management planning by Federal, State, and Local agencies having Jurisdiction within the Big Cypress Area of Critical State Concern. 23 Implement local government procedures to ensure that all activities proposed for the Big Cypress Area of Critical State Concern are reviewod for compliance vith the Critical Area Regulations and tha Goals, Objectives, and Policies of this element. SECTION THREE: This Ordinance shall become effective upon notice that it has been received by the Office of Secretary of State. DATE: October 22, 1985 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: WILLIAM J. REAGAN, CLERX FRED£yCK 'J.' 90SS, CHAIRMAN This ordinance filed with the Secretc~/of Sj.cte's Office 1he and ocknow'ed~ement'of thot fi'in~ re~}'eived ,~s~=l~ dgy ~t:|:1~:" of , ~' ' ~NETH B. C~L~, ~ ASSIST~T CO~ A~ ' .% STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby ceritfy that the foregoing is a true original of: ORDINANCE NO. ~5-6~'~ which was adopted by the Board of County Commissioners during Regular Session on the 22nd day of October, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of October, 1985. WILLIAM J. REAGAN ~'~ ...... ~"-.~'i Cl~rk of Courts an4/,~l.e~k~.'r:,';'>':./" Ex-Officio to Baor~i~. '~,~,, ", '::'""l"(t.: County Commissioners.: Virgiq~ Magri, D'~p '~y'~rk. "\' Ail that certain lot, piece or parcel of land situated lying and being in Collier, Dada and Honroe Countias in the State of Florida being more particularly bounded and described as follows: Beginning at a point in the Northerly right-of-way line of State Road 84 (Alligator Alley), which point is the Southwest corner of Station 36 in Township 49 South, Range 28 East and running thence (I) Turning and running North along the West line of Sections 36, 25, 24 and 13 in Township 49 South, Range 28 East, a distance of four miles; thence (2) Turning and running East along the Northerly line of Section 13, Township 49 South, Range 28 East and Section 18, Township 49 South, Range 29 East, a distance of'~wo miles, thence (3) Turning and running North along the Westerly line of Sections 8 and 5.in Township 49 South, Range 29 East, a distance of two miles; thence (4) Turning and running East along the Northerly line of Sections 5, 4 and 3 in Township 49 South, Range 29 East, a distance of three miles; thence ¥ (5) Turning and running North along, the West line of Sections 35 and '26 in Township 48 South, Raffge 29 East,'a distance of two miles; thence ~ (6) Turning and. running East along the North line of Sections 26 and 25 in Township 48 South, Range 29 East and continuing East along the North line of Sections 30 and 29 in Township 48 South, Range 30 East to the point of inter'section with t~ Easterly right-of-way line of State Rpad 29; thence (7) Turning and. running North along the East right-of-way line of State Road 29 to a point which point is the Northwest corner of Section 29 in Township 47 South, Range 30 East; thence (8) Continuing North along the West line of Sections 20, 17, 8 and 5 in Township 47 South, Range 30 East, and..still'North along the West line of Sections 32, 29, 20, 17 and 8 in Township 46 South, Range 30 East, a distance of nine miles; thence (9) Turning and running East along the North line of Sections 8, 9, 10', fl and 12 in Township 46 South, Range 30 East, a distance of five miles to the Hendry County line; thence (10) Turning and running South along the boundary line between Hendry and Cbllier counties which line is also the boundary line between Ranges 30 and 31 East, a distance of seventeen miles, thence (11) Turning and running East along the Hendry and Collier County boundary line, which lin~ is slso the boundary line between Townships 48 and 49 South, Range 31 East, a distance of four miles; thence (12) Turning and running South along the East line of Sections 3 and 10 in Township 49 South, Range 31 East, a distance of two miles; thence (13) Turning and ru~ning East along the North line of Section 14 in Township 49 South, Range 31 East, a distance of one mile; thence (14) Turning and running South along the East line of Section 14 in Township 49 South, Range 31 East, a distance of one mile; thence 27 (15) Turning and running Eaat'hlong the ~orth line of Section 24 in To~rnship 49 South, Range 31Enet a~d Section 19 in Township 49 South, Range 32 East, a distance of two miles; thence (16) Turning and running South along the East line of Sections 19, 30 and 31 in Township 49 South, Range 32 Enat to the point of intersection with the Southerly right-of-way line of State Road 86 (Alligator Alley); thence (17) Turning and running Eaat along the Southerly right-of-way line of State Road 84 (Alligator Alley) to its point of intersection with the Westerly right-of-way line of Canal L-28 a distance of sixteen miles more or less; thence (18) Turning and running Southeasterly along the Southerly right-of-way line of Canal L-28 to its point of intersection with the boundary line between Collier and Broward Counties; thence (19) Turning and running South along the Collier and Broward Counties line to a point which point ia the point of intersection of Broward, Collier and Dade Counties on the boundary line between Townships 51 and 52 South, a distance of eleven miles; thence (20) Turning and running East along the Broward and Dade Counties boundary line, which line is also the boundary line between Townships 51 and 52 South to the point of intersection with the Westerly rig~t-of-way line of the Central and Southern Florida Flood Control District Ldvee L-25; thence (21) Turning and running South in Dade County along the Westerly right-of-way line of Levee L-28 to its point of intersection with the Southerly right-of-way line of Tamiami Trail (U.S. Route 41, State Road 90); thence (22) Along the Southerly right-of-way lin~ of Tamiam~-Trail (U.S. 41, State Road 90) in a Southeasterly direction-to its point of intersection with the North right-of-way line of State Road-~4; thence \. (23) Turning and running W~st along State Road 94 to its point of intersection with the Northwest ~orner of Everglades National Park in Dade County which point is in the'Northwest cor~er of Section 20 i~n Township 54 South, Range 35 East; thence (24) In a Southerly, W~terly and Northerly direction along the boundary of Everglades Natibhal Park to %he point which is the Western most point of the Everglades National Park adjacent to Round Key of ~he Ten Thousand Islands in Gullivan Bay; thence (25) On a line in a Westerly direction one mile seaward of the most Southerly of the Ten Thousand Islands to a point, which point is the Southeastern tip of Cape Romano; in Section 15, Tow~ship 53 South, Range 26 East; thence (26) Turning and running Northwesterly along the West shore of Morgan Beach to a point in the South side of Caxambas Pass, which point is the northeast corner of Section.32 in Township 52 South, Range 26 East; thence (27) In an easterly direction across Caxambas Pass and Caxambaa Bay to a point, which point is the most Southwest land portion of Horr Island and continuing Easterly and Northerly along the mean high water line of Horr Island to a point, which point is the most East Northeast land portion of Horr Island and continuing in a Northerly direction to a point in the mean high water line at Goodland on Marco Island, which point is the Southeast corner of Section 24 in Town~hip 52 South, Range 26 East, and continuing along the mean high water line of the South and East shore of Goodland to a point, which point is the point of intersection of the South right-of-way line of State Road 92 with the East shore of Marco Island; thence (28) In a Northeasterly direction along the South right-of-way line of State Road 92 to its point of intersection with the West line of Section 33 in T~wnship 51 South, Range 27 East; thence (29) Turning and running South along the West line of Section 33 in Township 51 South, Range 27 East; thence (30) Still South along the West line of Sections 4, 9 and 16 in Township 52 South, Range 27 East, a distance of three miles; thence (31) Turning and running East along the South line of Section 16 in Township 52 South, Range 27 East, a distance of one mile; thence (32) Turning and running North along the East line of Section 16 in Township 52 South, Range 27 East, a distance of one mile; thence (33) Turning and runnin~ East along the South line of Section 10 in Township 52 South, Range 27 East, a distance of one mile; thence (34) Turning and 2 in Township thence and running North along the West line of Sections 11 52 South, Range 27 ~ast, a distance of two miles; (35) Turning and running East along the boundary line between Townships 51 and 52 South, which line is also the South line of Section '~'35, in Township 51 South, Range 27 East, a distance of one mile; thence (36) Turning and running North alo~~ the East line of Sections 35 and 26 in Township 51 South, Range 27 East, a distance of two miles; thence ~ (37) Turning and running East 'along the North line of Section 25 in Township 51 South, Rahge 27 East and.the North line of Sections 30, 29, 28, 27 and 26 in Township 51 South, Range 28 East, a distance of six miles; ~b~nce (38).Turning an~ running North along the West line of Sections 24, 13, 12 and.1 in Township 51 South, Range 28 East and North along the West line of Section~ 36, 25, 24, 13, 12 and I in Township 50 South, Range 28 East, a distance of ten miles to the point or place of beginning. And that area as amended by the Florida Legislature, Chapter 380.055, Florida Statues, effectiva July 1, 1985, described aa follows: iecttons 1, 2, 11, 12 and 13 in Township 49 South, Range 31 East; and Township 49 South, Range 32 East, less Sections 19, 30 and 31; and Township 49 South, Range 33 East; and Township 49 South, Range 34 East; and Sections 1 through 5 and 10 through 14 in Township 50 South, Range 32 East; and Sections 1 through 18 and 20 through 2.5 in Township 50 South, Range 33 East; and Township 50 South, Range 34 East, less Section 31; and Sections I and 2 in Township 51 South, Range 34 East; all in Collier County, Florida, which described area shall be known as the "Big Cypress National Preserv~ Addition, Florida". Specifically exempting herefrom the following described urban areas: (a) The unincorporated areas of Ochopee being more particularly bounded and described as follows: All that certain lot, piece or parcel of ground situate lying and being in Collier County, State of Florida, consisting of Sections 27, 28, 33 and 34 in Township 52 South, Range 30 East. ' (b) being in Sections The incorporated areas of Everglades City situate lying and Collier County, State of Florida, consisting of portions of 11, 14, 15 and 23 in Township 53 South, Range 29 East. ACSC O=dinance BIG CYPRESS AREA OF 6'~ITICAL STATE CONCERN ELEMENT I. INTRODUCTION The Florida Environmental Land and ~a~er Management Act of 1972 (Chapter 380, Florida Statutes) established the p~ocedure for designating and administering development regulations for "Areas of Critical State Concern". As outlined in the Act, designation was to be limited to areas containing environmental and natural resources of regional, statewide and national importance. In 1973, the state legislature designated the Big Cypress Area as an area of critical state concern with the passage of the Big Cypress Conservation Act, This Act set the boundaries of the Big Cypress Area of Critical State Concern and authorized the state land planning agency to submit land development regulations applicable to the area. Recent amendments to Chapter 380 and Chapter 163 '{The Local Government Comprehensive Planning Act), have provided for state review and approval of portions of local regulations and comprehensive plans applicable to areas of critical state concern. Due to these recent legislative changes the Big Cypress Area of Critical State Concern Element bas been included in tbs Collier County Comprehensive Plan. This Element is divided into three sectiong: Introduction; Setting' and Problem Statement; and Implementation Strategy. T~le Introduction provides a brief description of the legislation creating the Area of Critical State Concern and a general overview of the e~ement. The Setting &nd Problem Statement section reviews the pertinent, legislation governing tbs area and describes the area's demography,' topography, soils, climate and vegetation. '-This section also discusses the relation- ship of the Big Cypress Element to the Land Use Element, Tran~p6rtation Element, Natural Resources Element and Intergovernmental Coordination Element. The last section, Implementation Strategy, describes the regula- tions which govern future land development and outlines Collier County's plans for implementing tb6se regulations for the protection of. the resources in the Area of Critical State C'oncern. -~ II. SETTINC AND PROBLEM STATEMENT A. ~lstory of Legislation THe movement to preserve the Big Cypress Area began in .1968, when the Dads County Port Authority announced plans to build a 39 square mile Jetport, on tbs eastern edge of the Big Cypress Swamp, 6 miles north of Everglades National Park. Public concern over the location of tbs Jetport and the surrounding development that would occur led to the Everglades Jetport Pact of 1970, an agreement between the U.S. Department of Transportation, the U.S. Department of Interior, Dads County Port Authority and the State of Florida, whereby the Jetport would be moved to an alternate site. The single runway training strip, already constructed by the time tbs agreement was signed, could operate without any expansion until the alternate site was selected. Pursuant to t~ 'agreement, the U.S. Department of Interior agreed to undertake the planning, development and coordin- ation of an ecological study of the Big Cypre~;s region, including its hydrology. Under this agreement the Department would also provide recommendations for uses of the Big Cypress Swamp which would be consistent with the preservation an,/ protection of the environment and ecosystems 'of the Everglades National Park, the water supply of the affected communities, and the marine resources of dependent estuaries. The Jetport controversy focused concern on the natural resources of the Big Cypress Swamp and prompted the ~assage of State and Federal legislation designed to protect the area, The Florida Environmental Land and Water Management Act of 1972, (Chapter 380.05, Florida Statutes) establisheC procedures for the designation of areas containing environmental or natural resources of regional or sratewide importance as areas of critical state concern. The Big Cy~esa Area w~s so designated by the Florida legislature with the passage of the Big Cypress Conservation Act of 1973 (Chapter 73-131 Laws of Florida, & Chapter 380.055 F.S.). This act set the bqhndaries of the Critical Area and established the process for developing land regulations to govern the area. In addition, this Act appropriate~ $40 million as the State's c..ntri- bution for acquisition of lahds within the Federal Big Cypress National Preserve. As designated, the Area of Critical State ConCern includes the Federal Big Cypress National Preserve, and contiguous lan~ and water areas which are ecologically linked with the E~erglades National Park, estuarine fisheries of South Florida, and the freshwater aquifer of South Florida. The Federal Big Cypress National Preserve was established in 1974 by Public Law 93-440 to ensure the preservation, conservation and protection of the natural, scenic, hydrologic, floral, faunal and recreational values of the Big Cypress Water~;hed. Approximately $116 million dollars were appropriated for ~cquisition of lands ~ithin the Preserve. The National Preserve protects a significant fiortion of the designated Area of Critical State Concern from land development. The boundaries of the Big Cypress National Preserve and the Area of Critical State Concern are iljustrated on Map 1. During the 1983 Legislative Session several amendments were passed which affected local governments within designated areas of critical state concern. House Bill 359 amended both ¢~apters 380 and 163 Florida Statutes. Under this new law the Florida Department of Community Affairs (DCA), acting as the state land planning agency, must approve portions of the Comprehensive Plan and land development regulations for any local government area which lies within an area of critical state concern. Regulation approval applies only to the area which lies within the designated critical area. In addition, any local government which lies within an area of critical state concern and which has previously adopted a local government compre- hensive plan pursuant to Chapter 163, F.S. must bring the plan and land development regulations into c~nf0rmance with the prin- ciples for guiding development within the area of critical state concern. If the local government fails to submit the required documents, or if the regulations or plan submitted do not comply with the principles for guiding development in an area of critical state concern, the DCA may submit to the Administration Commission land development regulations and a comprehensive plan that are applicable to the critical area. In compliance with this recent legislation the Big Cypress Area of Critical State Concern Element has been included in the Comprehensive Plan of Collier County. B. Description of the Bi~ C~press Area of' Critical State Concern The Big Cypress Area of Critical State Concern contains lands in Collier, Dada and Monroe counties. The official boundaries of the Critical Area are depicted on Map i. Approximately 931,000 acres are contained in the Critical Area. Of this total, 778,200 acres are located within Collier County. A large proportion of the Critical Area withi~ Collier. County is under government ownership. The aforementioned 5ig Cypress National Preserve makes up approximately 570,000 acres of which 422,000 acres are located in Collier County. In addition, the State of Florida's Fahkahatchee Strand Preserve contains approximately 60,000 acres. These two Preserves make up 68% of the Critical Area; approximately 225,000 acres are held in private ownership. For ~ore information regarding the Fakahatchea and Big Cypress Preserv. es," please refer to the Future Land Use ElemeDt. - Demographic Statistics There are three centers of .population within the Critical A~ea. They are Everglades City[ Ochopee, and. Copeland. The existing dwelling units and population for these areas are presente~ below: EXISTING DWELLING UNIT~ & POPULATION APRIL l~ 1982 DWELLING UNITS POPULATION Ochopee 104 204 Copeland 165 421 Everglades City 292 549 It must be noted that Everglades City and Ochopee are exempt from the Critical Area requirements. Outside of the population centers, the critical area is spariely populated. The April 1, 1982 popula- tion estimate is approximately 1,678. C. Soils, Topo~ra?hy & Water Resources Soils and Topography Land in the Area of Critical State Concern is generally low lying, poorly drained, sand and limestone flatland. Soils are predomin- HENDRY CO. 1-75 ISLAN[ MAP I .. ~8 Miles 0 g 4. 6 8 Miles ~N~E I 2e I 27 I BIG CYPRESS AREA OF CRITICAL STATE CONCERN BOUNDARY AS AMENDED. COLLIER COUNTY BOUNDARY BI(; CYPRESS NATIONAL PRESERVE IDENTIFIED TOWNG EXCLUDED FROM AREA OF CRITICAL STATE CONCERN 4 antly fine sands over ~imestons~marl~ or sandy marls, with varying amounts of organic matter such as muck, humus, or peat interspersed within or overlying the sands or.~arls~ The elevation of the region ranges from mean sea level to thirty (30) feet; ho~ever, most of the region is below fifteen (15) feet in elevation. The Area of Criti- cal State Concern is characterized by minimal downward slope (be- tween .2 and .S foot per mile north to south and .3 foot per mile east to west), and extensive areas of standing or slowly moving surface water during the wet season. In addition, much of the land is of limited value for development .because it consists of lower lying wetlands including s~a~ps, marshes, strands and sloughs. Groundwater The shallow aquifer of the Tamiami geological formation underlies most of the Big Cypress Area extending slightly north into Hendry and Lee Counties. The water is hard, high in calcium bicarbonite, and of good quality; yet some salt water intrusion occurs inland of coastal areas during dry years. This aquifer is the prihary source of potable groundwater for urban and agricultural uses in the Big Cypress Area. Cenerally, the aqui£er depth is greatest at the coast and becomes more narrow to the northeast, east and southwest forming a constrictive wedge at the Dade and Broward County lines. It is underlain by materials of iow permeability which acta as the con- fining upper layer of the underlying Florida Aquifer. This shallow.. aquifer comes to the surface in many places in the Area of Critical State Concern. The shallow aquifer is recharged primarily by percolation from rainfall. During the rainy season the aquifer and over.laying soils become saturated and the Eater level reaches the land surface. At that time up to 90~ of the Area of Critical State Concern becomes innuudated and overland sheet flow results. ~ Surface Water Surface water is produced by aess..onally heavy rainfall, shallow aquifer seepage, and outflow from the deeper Floridian aquifer. Much of the surface water is held in Pamlico Sand formation-ynd collects in shallow depressions called sloughs or strands. Overflow from this region occurs as slowly moving sheet flow towards the southwest. D. Climate, Vegetation, & Wildlife The area's subtropical climate is characterized by long, warm and wet summers and short, mild and dry winters. The wet season begins in May with the heaviest rains ocgurring between July and October. Little precipitation occurs during the dry season which extends from November to April. Rainfall averages 53 inches per year. Much of the Area of Critical State Concern has water on the soil surface for as long as four to six months after seasonal rains cease. This prolonged bydroperiod is caused in part by slow natural drainage and reduced evaporation during the cooler winter months. The recession rate of standing water has been documented to be approximately feet per day. Surface flow velocities range from 0 to 1,500 feet per day. The Area of Critical State Concern is characterized by diverse vegetative patterns and abundant wildlife. The distribution of vegetation and wildli{e is largely a result of differences in elevation, soil type and water level. Eight major plant com~unities have been identified within the Area of Critical State Concern: 1) Pine Forests, 2) Hammock Forests, 3) Inland Swamps, Cypress and Bay Tree Forest, 4) Mangrove Swamp Forests, 5) Freshwater Marshes, 6) Saltwater Marshes and Salt or Brackish Water Prairies, 7) Wet Prairies, and 8) Dry Prairies. At least 17 of the resident wildlife species are classified by the United States Fish and Wildlife Service as threatened, rare or endangered, including: the American Crocodile, Wood Stork, Everglades Kite, Southern Bald Eagle, Cape Sable Sparrow, Red-Cockaded Woodpecker, Florida Panther, Florida Black Bear and Florid~'.Otter. Approximately 30-40 plant species in the Area of Critical State Concern are listed as rare, endangered or threatened, including most native orchids, some bromeliads, silver thatch and royal palms, and many hammock or pineland associated plants such as tree cactus and coontie. Please refer to the Natural Resources Element for additional information on the native habitats and environmental cnaracteristi6e of Collier County. Relationship to Other Elements of the Comprehensive Plan Although all elements of the Comprehensive Plan apply to the Big Cypress Area, t~e Land Use, Transportation, Natural Resources and Intergovernmental Coordination Elements directly influence land use activities and resource management in the Area of Critical State Concer~. I. Land Use Element The Area of Critical State Concern has ~eu~ five land use designations within its Loundaries: Urban, Vested Area, Parks and Preserves, Coastal Resource Management and Recreation Area (CRMRA), and Rural. The Land Use Element contains a "Future Land Use Map" that depicts the general location of these land use categories. Map 2 iljustrates the land use designations located within the Critical Area boundaries. The Urban designation applies to the areas of Copeland and Port of the Islands. This designation will permit these communities to develop as they'have in the past, with a mix of residential and limited commercial uses. Everglades City, which is an incorporated municipality, has adopted a comprehensive plan which governs its land Use. (See pg. 8, F-,ture Land Use Ele- ment). 35' MAP OF COLLIER COUNTY FLORIDA I ; o MAP 2 LAND USE DESIGNATIONS WITHIN THE AREA, OF CRITICAL STATE COhICERN PARK 8 PRESERVES VESTED COASTAL RESOURCE MANAGEMENT/RECREATION AREA URBAN INCORPORATED AREA (EVERGLAOES CfTY) RURAL AREA OF CRITICAL STATE CONCERN The Vested Areas desi~nate lands which are already subdivided into rural residential lots. The Vested Areas essentiall~ consist of the Golden Gate Estates Subdivi~sion. Within the Critical Area boundary approximatel~ 7 square miles are designated as Vested Area. The zoning cla~sification is Estates, which permits I single family dwelling unit per 2¼ acres. (See pg. 16, Future Land Use Element). The Parks and Preserves Land Use Category encompasses lands of 25 acres or more managed for the preservation of specific natural features and for public activities that are compatible with the overall goal of natural resource protection and maintenance. The Parka and Preserves lands designated within the Area of Critical State Concern includes the Big Cypress National Preserve and the Fakahatchee Strand State Preserve. The Big Cypress National Preserve consists of 422,000 acres in the eastern part *of Collier..County. The Fakahatchee Strand State Preserve is approximately 20 miles long and 3 to 5 miles wide and contains 60,000 acres. Land utes permitted within this category are those that are allowed by the regulatory agency which manages the. designated areas. Private land hold- ings exist within both the..Federal Preserve and the Fakahatchee Strand. These in-holdings have the same land use as those adjacent lands not designated as Parks and Preserves. (See pg. 20 & 21, Future Land Use Element). The State of Florida is currently 'in the process of acquiring private in-holdings 'within the boundaries of the Fakahatchee Strand State Preserve. The Coastal Resource Management and Recreation Area (CRMRA} land use designation applies to those undeveloped coastal portions of the Area of Critical State Concern. The Coastal Zone, important for flood protection, biomass production, fisheries reproduction and water quality enhancement, is an area where development and land alteration activities are subject to stringent Federal, State and County environmental review. The zoning classification is Agricultural and Agricul- tural, Special Tree,neat Overlay District, which permits maximum densities of 1 unit per 5 acres and only those activ- ities that will not alter or interfere with the inherent ecological characteristics of the area. (See pg. 23 & 24, Future Land Uae Element). The :emainder of the Area of Critical' State Concern is desig- ~'ated as Rural 'on the Future Land Use Map. The Rural designa- tion applies to those lands in the more remote portions of the county that are less suited for urbanization. The zoning classification is Agricultural and Agricultural, Special Trt~atmenr Overlay District with maximum allowable densities of 1 unit per 5 acres. In addition, certain non-agricultural uses are ~lso permitted. (See pg. 15, Future Land Usa Ele- ment). 8 Environmental constraints play a major role in determining permissible land uses. An overlay showing "Areas of Environ- mental Concern" was therefore add&d to the Future Land Use Map. Most of the Big Cypress Area of Critical State Concern is covered by the Environmental Overlay. This Overlay provides general information on site conditions and any environmental factors which may constrain future land use. (See pg. 24 & 25, Future Land Use Element). 2. Transportation Element Major highways and other paved roads found within the Area of Critical State Concern include State Roads 84 (Alligator Alley), 92, and 29, U.S. Highway 41 (Tamiami Trail), and County Roads 94 (Loop Road), 839 (Turner River Road), 837 and 841 (Birdon Road), 846 (David C. Brown Highway), and 858 (Oil Well Road). The only planned roadway improvements for the area between 1983 and 1990 include the re-construction of'M.R. 84 as 1-75, a limited access four lane roadway, from C.R. 951 to S.R. 27 in Broward County. The Board of County Commissioners has indicated their desire for an interchange at S.R. 29; however, present plans approved by the Department of Transportation do not include one at this time. In addition to the paved roads there are numerous trails that are used for access to hunt~ng and fishing camps, hiking and othep recreational activities." 3. Natural Resources Element The overall goal of the Natural Resources Element of the Comprehensive Plan is to conserve and maintain 'the natural resources of Collier County and thei~ associated environmental and recreational benefits. The Element contains a description of the native habitats and water resources within the County and the impact that development ma~ have upon them. The Natural Resources. Element is implemented iz~ two ways. On a short term basis~'a thorough Environmental assessment is per- formed by the County Environmentalist on all proposed deMelop- meats. In addition, long range resource management programs are being developed to provide a natural resources data base, land use guidelines, and a legal basis for ensuring sound environmental management within the County. Ail land use activities within the Area of Critical State Concern must be consistent with the goals, objectives and policies set out in the Natural Resources Element. 4. Inter$overnmental Coordination Element The Area of Critical State 'Concern is regulated by Federal, State and local governmental agencies. Each governmental body and its respective area of responsibility are described below. Federal Government The Army Corps of Engineers reviews all activities which affect or modify wetlands and navigable waters. Since much of the Area of Critical State Concern is wetlands, the Corps has Jurisdiction over' dredge and fill operations that occur there.The U.S. Department of the Interior, National Park Service manages the Big Cypress National Preserve. The Department is also responsible for the enforcement of the Endangered Species Act and the designation of critical habitat areas. State Government The Department of Natural Resources (DNR) manages an extensive system of state parks, preserves and recreation areas through- out the Stale. ",The Fakahatchee Strand State Preserve and Collier Seminole State Park .are managed by DNR and located within or adjacent to the Area of Critical State Concern. The Department of Environmental Regulation (DER) reviews dredge and fill projects and other activities that affect air and water quality. This sta~e agency has Jurisdiction over some portions of the Area of Critical State Concern. The South-Florida Water Management District (SFWMD) operates 'and maintains the South Florida water management system and reviews al~ surface water management and water withdrawal permit applications. Any development within the Area of Critical State Concern would be subject to this permitting process. The Big Cypress Basin Board is a part of the SFWMD. The main function of the Basin Board is to prepare project plans and specifications and to conduct studies of the water resources of Collier County. The Basin Board has no regulatory powers; yet reviews and manages Collier County's water re- sources from the standpoint of surface and sub-surface drain- age. In Collier County the Big Cypress Basin Board operates the SFWMD's water management system. In accordance with Section 380.05 F.S., the Administration Commission has set forth land development regulations (Chapter 27F-3 F.A.C.) for the Area of Critical State Concern. These regulations include criteria for site alteration, drainage, transportation ' facilities and structure installation. A complete review of these regulations is found within the Implementation Section of this element. Regional The Southwest Florida Regional Planning Council (SWFRPC) acts as the regional planning agency for Lee, Charlotte, Hendry, Glades, Sarasota and Collier Counties. The SW'FRPC is the review agency for Developments of Regional Impact (DRI) as 10 defined in Chapter 380.06 F.S. ~e Council reviews all applications for davelopment~ a~ove a certain threshold which have an impact on more than one'county and makes recommenda- tions to the local governing body regarding the permitting of some projects. Local Government County regulations which govern activities within the Area of Critical State Concern are listed in Table 2. In addition, land development regulations for the Area of Critical State Concern as set forth in Chapter 27F-3 of the Florida Adminis- trative Code are administered and enforced by Collier County. III. IMPLEMENTATION STRATEGY ~' In accordance with Section 380.05, F.S. and Chapter 73-131 Laws of Florida, the Administration Commission instituted regulations ~¢,r the Big Cypress Area of Critical State Concern. The purpose of these re~lationa is to conserve and protect the natural, environmental and economic resources of the Big Cypress Area. Furthermore, these regulations' are to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of t, he residents of the State." These regulations are to be implemented through the loeal governmeneas existing administrative procedures. Chapter 27F-3 of the Florida Administrative Code establish tbs following criteria for site alteration, drainage, transportation facilities, and structure installation. It also provides for an exemption of agricultural activities and m~iintenauce of vested rights in property. A. Site Alteration ~ .. 1. Site alteration shall be limited to 10X of the total site size, and insta%.~ation of ~onpermeable surfaces shall not exceed 50Z of any such area;' However, a minimum of 2,500 square feet may be altered on any permitted site. ... Except for roads, any nonpermeable surface greater than 20,000 square feet shall provide for release of surface run off, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site, Restoration of vegetation to site altera- tion areas shall be substantially completed within 180 days 11 PROTECTION OF NATURAL RESOURCES IN THE BIG CYPRESS ARFA OF CRITICAL STATE CONCERN I. County Ordinances Short Title 83-54 83-3 82-113 82-3 82-2 80-49 79-62 77-66 76~67 75-21 ?4-59 74-20. 70-2 82-91 Comprehensive Plan Ordinance Excavation Ordinance Exotic Plant Ordinance Exotic Fish Ordinance Zoning Ordinance Special Treatment _i Area Regulations Boat Dock and Boat Houee Ord. Flood~Plain Management Ord. County Environmental' Impact Statement Ordina~ce Amendment to Water Management Policy Protected Tree Removal Ord. Water'Management Policy Well Ordinance Salinity Line Ordinance Public Right-of-Way ord. Principal, Department Planning Department Water Management Dept. Zoning Department Water Management Dept. Zoning Department County Environmentalist Zoning Department Building Department County Environmentalist Water Management Dept. Zoning Department Water Management Dept. Water Management Dept. Water Management Dept. Engineering Department Other Regulations Dredge and Fill Permit Southern Standard Building Code (Building Permit) Subdivision Regulations (including Plating) Engineering Department Building Department Zoning and Engineering Department 12 following completion of a development. Revegetation shall be accomplished with pre-existing species or other suitable species except that undesirable exotic species (see list belov) shall not be replanted or propagated. Australian pine - Casuarina equisetifolia Bishopvood - Bischofia Javanica Brazilian pepper (holly) - Shinus terebinthfolius Castor bean - Ricinus communis Common papaya - Carica papaya Co,on snakeplant - Sanseviera trifasciata Day Jessamine - Cestrum diurnum .Hunters robe - ~aphidophora aure~ Melaleuca (caJeput) - Melaleuca leucadendra Queensland umbrella tree - $chefflera actinophylla Trailing wedelia - Wedelia trilobata No mangrove trees or salt marsh grasses shall be. destroyed or otherwise altered. Plants specifically protected by this regulation include: Red mangrove - Rhizophora mangle Black mangrove - Avicennia nitida White mangrove - ~a~uncularia racemose ~ Needlerush - Juncus roemerianus ,, Salt cordgrasses -'S. patens, S.°cynosurot~es, ~ S. spartinae, ~partini alterniflora, Seashore saltgrass - Distichlis spicers Fill areas and related dredge or borro~ ponds shal.l be aligned sDbstantially in the ~iraction of local surface water flows and shall be separated fro~ other fill areas and ponds by u~altered areas of vegetation of iomparable size. Dredge or borrow ponds shall provide for the release of storm waters as sheet flow from their downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of waterl~in a manne~..approximating the natural-flow regime and designed to accommodate the 50 year storm. ':~ill areas and related ponds shall not substantially reta£d' or divert the total flow in or to a slough or strand or signifi- cantly impeded tidal action in any portion of the eatuarine zone. Man-made lakes, ponds, or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. ~henever mineral extraction is completed in new quarrying lakes, shoreline sloping, revegetation and disposal of spoils or-tailings shall be completed before abandonment. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out any activity defined in Section 380.04, Florida Statutes, as development or applies for a development permit as defined Section 380.031, Florida Statutes, to develop any existing quarrying lake area, these regulations shall apply. 7. Finger canals shall not be constructed in the Critical Area. 13 'l Bo This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conver- sion of land to agricultural use. Drainage Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below; however, modifications may be made to existing facilities that will raise the ground water table or limit salt water intrusion. 2. New drainage facilities shall release water in a manner ap- proximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on site or_to a natural .retention, or natural filtration and flow area. N~w drainage 'facilities shall also maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or system~'. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slot~gh or estuarine area. 3'\ · ,~. New drainage facilities shall not discharge water to any 'coastal waters either directly or through existing drainage facilities: This rule .shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. C. Transportation I. Transportation facilities which would retain, divert or other- .. wise block surface water flows shall provide .for the re- establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall prpvide for passage of stream, strand or slough waters through th~ use of bridges, culverts, piling construction or perform- ance equivalent structures or systems. Channelization of such areas shall be the minimum length necessary to maintain reason- able flow and prevent weed blockage. 2. Transportation 'facilities, constructed substantially parallel to the local surface flow, shall maintain a ground water level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems. De Structure Installation I. Placement of structures shall 6e accomplished in a manner that will not adversely affect surface w~ter flow or tidal action. 2. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the Administrator of the Federal F1pod Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria (24 CFR 1910), as administered by the appropriate local agency. 3. This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. Chapter 27F-3, F.A.C. states that all land development ~egulations adcpted by the Administration Co~aisalon under Section 380.0~, F.S. and 73-131, Laws of Florida, shall be administered by the local govern- ment. The inclusion of the state regulations within this Element of the Comprehensive Plan makes them a part of Collier County's land development regulations. Any future land use activities proposed for the Area of Critical State Concern shall be reviewed by the Division of Commun~.ty Development for compliance with the Comprehensive Plan. CP-AC$C BIG CYPRESS AREA OF CRITICAL STATE CONCERN ELEMENT GOALS, OBJECTIVES & POLICIES GOAL To conserve, protect, and restore the natural resources of the Big Cypress Area of Critical State Concern. OBJECTIVE 1 The conservation and protection of the water resources of the Big Cypress ...Area of Critical State Concern. %. -POLICIES A. Maintain the natural surface water flow patterns and discourage ~,. activities that would alter water flow over the historic natural levels. B. Protect aquifer recharge area~ and prevent activities that would de~lete groundwater resources. C. Maintain the water quality of surface and groundwater resources by minimizing activities that would lead to contamination by pollutants ~ or the intrusio~ of salt water. "OBJECTIVE 2 The conservation, maintenance, and restoration of the native habitats of 'the Big Cypress Area of Critical State Concern and the preservation of those habitats that are unique and/or incompatible with human use. POLIC'i'ES Preserve naturally vegetated areas for the support of native fish and wildlife and for their ability to slow surface water flow, recharge aquifers, and absorb pollutants. Protect freshwater marshes and swamp forests for water storage and species diversity. Preserve coastal mangrove forestl' and salt marshes for biomaas production including fisheries. OBJECTIVE 3 The protection of the native vegetation communities and the fish and wildlife resources of the Big Cypress Area of Critical State Concern. POLICIES A. Protect native vegetation, fish and wildlife through the maintenance of the natural hydroperiod and surface water flow regimes. B. Discourage those activities that would result in the removal of significant amounts of overstory and/or understory vegetation. C. Protect the rare, endangered, and threatened species of plants and animals and the habitats on which they depend for survival. D. Prohibit the introduction and encourage the removal of exotic nuisance plant and animal species. OBJECTIVE The design and implementation of a coordinated Federal, State, and Local land and water resource management program to protect the resources of the Big Cypress Area of Critical State Concern. POLICIES A. Establish lines of communication between Collier County and all State and Federal agencies involved in land planning and resource management in the Big Cypress Area of Critical State Concern. B. Encourage and participate in long range ~esource mafiagement planning by Federal, State, and Local agencies havi~g Jurisdiction within the Big Cypress Area of Critical State Concern ~. C. Implement local governnent, procedures to ensure that a~i activities proposed for the Big Cypress Area of Critical State Concern are reviewed for compliance with the Critical Area Regulations~and the Goals, Objectives, and Policisa of this element. ".~ -% CP-ACSC 17