Current through Reg. 50, No. 187; September 24, 2024
(1) Eligible Projects. Private lands and
waterways within the state can be designated by the Department as components of
the Florida Greenways and Trails System upon compliance with the requirements
of this rule. To be eligible for designation as part of the statewide system,
private lands or waterways must protect or enhance natural, recreational,
cultural or historic resources and must either:
(a) Provide linear open space or a hub or a
site, or
(b) Promote connectivity
between or among conservation lands, communities, parks, other recreational
facilities, cultural sites, or historic sites.
(2) Initiation of Process. The sponsor of a
greenways or trails project located or to be located on private lands or
waterways may initiate the designation process for the subject property by
filing with OGT an "Application for Designation of Private Lands or Waterways,
" DEP Form #OGT-9, effective July 10, 2003, which is prescribed for use with
these rules and is hereby incorporated by reference. OGT will accept
Applications for Designation of Private Lands or Waterways at any time
throughout the year.
All forms described in this rule can be obtained by writing
to the Office of Greenways and Trails, Department of Environmental Protection,
3900 Commonwealth Blvd., Mail Station #795, Tallahassee, Florida 32399-3000 or
through OGT's website address, www.floridagreenwaysandtrails.com.
(3) Landowner Consent Required. Although the
sponsor of the proposed project need not be the owner of the private lands or
waterways proposed for designation, the owner(s) must provide OGT with written
consent to designation of the subject property as part of the Florida Greenways
and Trails System prior to completion of the designation process. Furthermore,
if public access is contemplated for any portion of the project, both the
owner(s) and the proposed managing entity must provide OGT with written
authorization detailing the public access permitted on the project.
Accordingly, the project sponsor is strongly encouraged to communicate and
collaborate with all potentially affected landowners and land managers
throughout the initial and subsequent stages of the designation
process.
(4) Submission of
Designation Proposal. The Application for Designation of Private Lands or
Waterways, which must be submitted to OGT at the address stated in subsection
62S-1.450(2),
F.A.C., shall contain the following information:
(a) Identification of the owner(s) of the
private lands and waterways proposed for designation and an "Owner Consent, "
DEP Form #OGT-7, effective July 10, 2003, and hereby incorporated by reference,
signed by each record title owner of the property;
(b) Identification of the proposed managing
entity for the private lands and waterways proposed for designation, together
with a "Management Certificate, " DEP Form #OGT-8, effective July 10, 2003, and
hereby incorporated by reference, signed by the proposed managing
entity;
(c) A general narrative
description of the physical, biological, archaeological, cultural and
historical characteristics of the lands and waterways within the
project;
(d) A summary of the
documentary, photographic or other information available to confirm
descriptions provided in paragraph (c), above, and a statement indicating
whether field verification has been conducted to document any or all of the
characteristics described;
(e) An
explanation of the manner in which the project will protect and/or enhance
natural, recreational, cultural or historic resources;
(f) A description of how the project either:
1. Provides linear open space or a hub or a
site, or
2. Promotes connectivity
between or among conservation lands, communities, parks, other recreational
facilities, cultural sites, or historic site,
(g) Photographs of various sites and features
within the project site that show typical landscape characteristics, labeled
with location and orientation and cross-referenced to the location map
described in the following paragraph; and,
(h) An accurate location map of sufficient
scale and detail to clearly delineate all property boundaries in relation to
other area greenways or trails, county roadways, major topographic features
(such as rivers, lakes and power lines) and local government boundaries (if
any). The location map must state the length of trails and total project
acreage, and should indicate points of interest or special features. When the
project provides for public access to existing or proposed trails, the location
map must identify the trail alignment, public access points, trailheads and
facilities to accommodate the proposed types of public uses over the extent of
the trails.
(5)
Evaluation of Designation Proposal. Upon receipt of a completed and signed
Application for Designation with all required attachments and documentation,
OGT staff will evaluate the designation proposal to verify its compliance with
the requirements of this rule. If the Department's evaluation indicates that
the project does not satisfy the designation criteria, it shall so notify the
submitting party or parties in writing. If OGT's evaluation indicates that the
requirements of this rule have been met, OGT will coordinate the preparation of
a proposed designation agreement for the property.
(6) Preparation of Designation Agreement. At
a minimum, a proposed designation agreement shall include or address the
following items:
(a) The owner's statutory
right to have the property removed from designation;
(b) Statutory limitations on the owner's
liability and duty of care owed to others with regard to the designated
property, the Department's responsibility to post public notices and
information, and indemnification of the owner as described in Section
260.0125, F.S.;
(c) The term of the designation and the
criteria for and manner in which the designation and the agreement can be
modified, expanded (to encompass additional adjacent lands or waterways, for
example), withdrawn from designation by the owner, or removed from the Florida
Greenways and Trails System by the Department;
(d) If applicable incentives or other terms
agreed to between OGT, any other unit of government and the owner of the lands
and/or waterways to be designated;
(e) Identification of the person(s), agency,
governmental entity, corporation, organization or other authority (which may
include volunteer-based organizations) that will be responsible for the
management, operation and maintenance of the designated property, together with
a description of its duties and obligations with respect to the property and a
provision that names the party responsible for notifying OGT of any change in
the following: property ownership or management; the condition or extent of
natural, recreational, cultural or historic resources described in the
Application for Designation of Public Lands or Waterways or its attachments; or
the expansion or improvement of the project or its amenities and
facilities;
(f) Identification of
the existing and intended use(s) of the lands or waterways to be designated,
the management practices that will be employed on various areas within the
project, and how the uses of the area and the management practices are
compatible with the natural, recreational, cultural and historic resources of
the project. Alternatively, a copy of an existing lease, sublease or other
management agreement or plan shall be appended to the designation agreement and
incorporated therein by reference;
(g) Provision for the disposition of all
temporary and permanent structures or other improvements made to the property
by the owner, the Department or others, whether existing at the time of
designation or to be constructed or erected later;
(h) The issue of public access to all or part
of the lands or waterways to be designated and the regulation thereof,
including a description of how impacts will be avoided or minimized in
sensitive ecological, archaeological and historic areas; written authorization
from the owner(s) and managing entity in the form of a lease or other
instrument is required for any designation or grant of public access to any
portion of the property;
(i)
Development or modification of a greenway or trail use plan for the property
which, at a minimum, describes the types and intensities of uses permitted and
addresses public safety regulation and enforcement, and the components of which
must be compatible with connecting segments of the Florida Greenways and Trails
System. Alternatively, a copy of an existing lease, sublease or other
management agreement or plan can be appended to the designation agreement and
incorporated therein by reference;
(j) Identification of the methods and
personnel responsible for enforcement of state law within the lands or
waterways to be designated. If the owner wishes to enforce additional
restrictions on the property, the designation agreement must detail the
restrictions and identify the methods and personnel responsible for their
enforcement; and,
(k) A legally
sufficient statement that the designation agreement will be subordinate to any
existing leases, subleases, management plans, licenses, easements or other
agreements or encumbrances previously executed and currently in effect for any
portion of the lands or waterways proposed for designation.
(7) Public Hearing and Notice. Upon
completion of a proposed designation agreement for the private lands or
waterways proposed for designation, OGT shall:
(a) Notify the Florida Greenways and Trails
Council that the proposed designation will be presented to the Council at its
next public meeting;
(b) Provide
Council members with a copy of the Application for Designation, Owner Consent,
Management Certificate and proposed designation agreement for the project; and,
(c) Publish notice of the
Council's next public meeting in the Florida Administrative Register not less
than fourteen (14) days before the meeting; in addition to a statement of the
general subject matter to be considered at the meeting, the notice shall
include an announcement of the Department's intent to designate the private
lands or waterways as part of the Florida Greenways and Trails System and
invite public comment on the Application for Designation.
(8) Council Review and Recommendation. The
Florida Greenways and Trails Council shall review each Application for
Designation of private lands or waterways as part of the Florida Greenways and
Trails System. At the meeting noticed under paragraph
62S-1.450(7)(c),
F.A.C., OGT staff will present to the Council a verbal summary of the relevant
information submitted for each proposed designation project and respond to
members' questions. Thereafter, the Council shall permit oral or written
comments by project sponsors, supporters and members of the general public.
These comments shall be limited in duration if necessary to ensure equal time
for all interested parties. Following the close of the comment period, the
Council shall consider the information submitted and either recommend approval
or disapproval of the designation proposal to the Secretary of the Department.
The Council's recommendation must be ratified by a majority of members present
and voting at the public meeting; a quorum must be present when the
ratification vote is taken. OGT staff shall forward the Council's
recommendation to the Secretary of the Department.
(9) Secretary Approval and Effective Date of
Designation. The Secretary of the Department shall consider the recommendation
of the Florida Greenways and Trails Council and public comment prior to
approving or rejecting an Application for Designation of private lands or
waterways as components of the statewide system of greenways and trails.
Official designation of the subject property into the Florida Greenways and
Trails System shall become effective upon execution of a binding designation
agreement by the Secretary of the Department, the owner(s) and managing entity
of the private lands or waterways and any other indispensable
parties.
(10) Record of
Designation. OGT shall maintain an indexed record of all designation agreements
executed in connection with the designation of private lands and waterways as
portions of the Florida Greenways and Trails System. Designation agreements
shall be available for public inspection and copying at reasonable times and
upon prior written notice to the Department. The owner(s) of the private lands
or waterways thus designated by the Department may record the designation
agreement, or a memorandum thereof, in the public records of the county or
counties in which the designated lands or waterways are located, at the owner's
expense.
Rulemaking Authority 260.016(1)(c)1. FS. Law Implemented
260.012,
260.013,
260.014,
260.0142,
260.016
FS.
New 7-11-00, Amended
7-10-03.
