Title: Fact sheet About Outstanding Florida Waters
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00052687/00001
 Material Information
Title: Fact sheet About Outstanding Florida Waters
Alternate Title: Fact sheet About Outstanding Florida Waters: Authority, Implementing Agency, Regulatory Significance, and Factors Determining The Public Interest, Exceptions, Designated Waters, Requirements for Designation, Contact
Physical Description: 4p.
Language: English
Publication Date: March 6, 1987
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 13 ( SF Outstanding Florida Waters ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052687
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text




Authority: Section 403.061(27), Florida Statutes, grants DER
the power to:

Establish rules which provide for a special
category of water bodies within the state, to be
referred to as "Outstanding Florida Waters", which
shall be worthy of special protection because of
their natural attributes.

Implementing All state water quality standards are adopted by
Agency: the Environmental Regulation Commission for use by
the Department of Environmental Regulation (DER).
The Environmental Regulation Commission is a
seven-member citizens' body appointed by the

Regulatory In general, DER cannot issue permits for direct
Significance: pollutant discharges to OFWs which would lower
ambient (existing) water quality or for indirect
discharges which would significantly degrade the
Outstanding Florida Water. Permits for new
dredging and filling must be clearly in the public

Factors 1. Whether the project will adversely affect the
Determining public health, safety, or welfare or property
The Public of others;
2. Whether the project will adversely affect the
conservation of fish and wildlife, including
endangered or threatened species, or their

3. Whether the project will adversely affect
navigation or the flow of water or cause
harmful erosion or shoaling;

4. Whether the project will adversely affect the
fishing or recreational values of marine
productivity in the vicinity of the project;

Protecting Florida and Your Quality of Life

5. Whether the project will be of a temporary or
permanent nature;

6. Whether the project will adversely affect or
enhance significant historical and
archaeological resources under the provisions
of Sec. 267.061; and

7. The current condition and relative value of
functions being performed by areas affected by
the proposed activity
(Sec. 403.918(2), F.S.)

Some Excep- 1. Permitted activities existing on the date of
tions to OFW designation, which are "grandfathered".
2. Activities not regulated by DER, such as
fishing, river setback ordinances, and boat

3. Restoration of seawalls at previous locations.

4. Non-commercial boat docks, on pilings, of less
than 500 square feet.

5. Temporary lowering of water quality during
construction activities (with special

6. Activities to allow or enhance public usage,
or to maintain pre-existing activities (with
certain safeguards).

Waters in OFW National Parks
Designation: National Wildlife Refuges
National Seashores
National Preserves
National Marine and Estuarine Sanctuaries
State Parks & Recreation Areas
State Preserves and Reserves
State Ornamental Gardens and Botanical Sites
Environmentally Endangered Lands Program,
Conservation and Recreation Lands Program, and
Save Our Coast Program Acquisitions
State Aquatic Preserves
Scenic and Wild Rivers (both National and State)
National Forests (certain waters)
National Monuments
"Special Waters"

"Special Waters" OFWs include 20 of Florida's 1700 rivers,
several lakes and lake chains, two estuarine areas, and waters of
the Keys:
Apalachicola River
Aucilla River
Blackwater River
Butler Chain of Lakes
Chipola River
Choctawhatchee River
Clermont Chain of Lakes
Crooked Lake
Crystal River
Florida Keys
Lemon Bay Estuarine System
Little Manatee River
Ochlockonee River
Orange Lake, the River Styx, and Cross Creek
Perdido River
Rainbow River
St. Marks River
Santa Fe River System
Sarasota Bay Estuarine System
Shoal River
Silver River
Suwannee River
Wacissa River
Wakulla River
Wekiva River

Note: Actual rule language describing above water
bodies is more complex. For further
information, refer to Section
17-3.041(4)(i), Florida Administrative Code.

Requirements 1. Rulemaking procedures pursuant to Chapter
For a "Special 120, F.S., and Chapter 17-102, F.A.C. shall be
Water" OFW followed;
2. At least one fact-finding workshop shall be
held in the affected area;

3. All local county or municipal governments and
state legislators whose districts or
jurisdictions include all or part of a water
body proposed for Special Water designation
shall be notified at least 60 days prior to
the workshop in writing by the Secretary of

4. A prominent public notice shall be placed in a
newspaper of general circulation in the area
of the proposed Special Water at least 60 days
prior to the workshop;

5. An economic impact analysis, consistent with
Chapter 120, shall be prepared which provides
a general analysis of the impact on growth and
development including such factors as impacts
on planned or potential industrial,
agricultural or other development or
expansion; and

6. The Environmental Regulation Commission may
designate a water of the State as a Special
Water after making a finding that the waters
are of exceptional recreational or ecologi-
cal significance and a finding that the
environmental, social, and economic benefits
of the action outweigh the environmental,
social, and economic costs (Section 17-3.041
(2), Florida Administrative Code).

For More Department of Environmental Regulation, Bureau of
Information Laboratories and Special Programs at 904/487-1762.
March 6, 1987

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