November 9, 1987
^ Dredge and Fill on Sovereign Submerged Lands
Problem: Permissive use of state lands and Aquatic
reserve regulation by DNR overlap with the Henderson
Wetlands Act jurisdiction and WMD permitting.
The state exercises a dual ttAJ.e--one regulatory based on
jurisdictional lines, and tfe other proprietary based on
ownership of state owned uplands and sovereign submerged
lands. DER protects waters of the State and associated
wetlands. TIITF, through DNR, also consider impacts on
wetland areas and other natural resources when deciding
whether to grant their consent for the use for sovereign
submerged lands. Both DER and DNR field inspectors review
proposed activities involving sovereign submerged lands,
particularly in Aquatic Preserves. In some cases, DER has
recommended approval of an activity and DNR has recommended
denial of a lease.
DNR can require an easement, dedication, lease, and/or
consent of use approval for sovereignty lands.
As a part of its regulation of sovereign submerged land,
SDNR imposes specific criteria for the construction of a
residential single-family dock, as well as docks that are
part of marinas.
Construction of a dock is permitted by DER as a dredge and
fill activity. DER requires reasonable assurance that
water quality standards will be met. Docks are exempted
from DER permit when smaller than a size thought to have a
de minimis impact.
Chapter 253, F.S. State Lands
s. 403.813, F.S. Permits issued at district centers;
--------- e 3 _-- ---.
November 9, 1987
s. 403.801-.8171, F.S.
s. 403.804, F.S.
s. 253.023, .025, F.S.
s. 259.035, F.S.
s. 253.03(7), F.S.
Reorganization Act of 1975
Commission; Powers and Duties.
Public Lands and Property
Land Conservation Act of 1972
Board of trustees to administer
Proposed Solutions: ^
The TIITF will continue to adopt rules / retaining to
sovereign lands and aquatic preserves. These ..l.e will .b
amuiniaen rcd r W h. w.ta Tth fQiMinrli of tWhI WMDg-
pur"-uat L_- .uu__i i lula wi-l flall after -r ,.-e rt.i.-
mileia ueMre is an ap1mal pursuant to s. ,73.114, F. 3., -
v-e1 in i hLname By Ete TTITF pursuant to rules aupftuu
-by the TTI'T3'M
... -- ---