Current through Reg. 50, No. 187; September 24, 2024
(1) No aquatic plant control permit is
required by the Commission for the following waters or activities:
(a) Waters where all of the surrounding (360
degrees) upland property and submerged lands are wholly owned by one person,
other than the state, unless there is a direct connection to Waters of Special
Concern when herbicides are used and throughout any water use restriction
periods required by the herbicide product label, or there is a connection to a
manatee aggregation site that would allow the ingress and egress of a manatee
into the waterbody.
(b) Artificial
waters unless there is a direct connection to Waters of Special Concern when
herbicides are used and throughout any water use restriction periods required
by the herbicide product label, or there is a connection to a manatee
aggregation site that would allow the ingress and egress of a manatee into the
waterbody.
(c) Electrical power
plant cooling ponds, reservoirs, or canals, unless there is a direct connection
to Waters of Special Concern when herbicides are used and throughout any water
use restriction periods required by the herbicide product label, or there is a
connection to a manatee aggregation site that would allow the ingress and
egress of a manatee into the waterbody.
(d) Waters that are less than 160 surface
acres unless:
1. The Waters are a public
waterbody, or
2. There is a direct
connection to Waters of Special Concern when herbicides are used and throughout
any water use restriction periods required by the herbicide product label, or
there is a connection to a manatee aggregation site that would allow the
ingress and egress of a manatee into the waterbody.
The acreage of waters in systems with any connections shall
be calculated for each individual water rather than collectively as a system.
Natural connections between non-exempt waters shall be considered part of those
waters.
(e) In
that specific area of a waterbody where an Environmental Resource Permit is
issued by the Department of Environmental Protection or one of the state's
Water Management Districts and aquatic plants are removed as a part of the
permitted activity.
(f) Activities
conducted, authorized, or contracted for by the Commission.
(g) In all freshwater bodies, except aquatic
preserves designated under chapter 258, F.S., and Outstanding Florida Waters
designated under chapter 403, F.S., a riparian owner may physically or
mechanically remove herbaceous aquatic plants and semiwoody herbaceous plants,
such as shrub species and willow, within an area delimited by up to 50 percent
of the property owner's frontage or 50 feet, whichever is less, and by a
sufficient length waterward from, and perpendicular to, the riparian owner's
shoreline to create a corridor to allow access for a boat or swimmer to reach
open water. All unvegetated areas shall be cumulatively considered when
determining the width of the exempt corridor. Physical or mechanical removal
does not include the use of any chemicals or any activity that requires a
permit pursuant to part IV of chapter 373, F.S.
(2) Although certain waters are exempt from
the Commission's permit requirements, all aquatic plant management activities
shall be conducted in a manner so as to protect human health, safety,
recreational use, and to prevent injury to non-target plant and animal life,
and property, to the greatest degree practicable. When applying a herbicide in
exempt waters, all persons shall comply with label rates, instructions,
cautions, and directions, and shall follow the public notice requirements of
paragraph 68F-20.0055(2)(c),
F.A.C. No aquatic plant management activity using herbicides or mechanical
harvesting equipment shall be conducted when manatees are in the control area
in exempt waters. Copper-based herbicides shall not be used in any exempt
waterbody directly connected to Waters of Special Concern without a permit from
the Commission.
Rulemaking Authority
369.20,
369.22 FS. Law Implemented
369.20,
369.22,
403.088
FS.
New 2-9-82, Amended 7-9-85, Formerly 16C-20.035,
16C-20.0035, Amended 5-3-95, Formerly
62C-20.0035, Amended
11-20-18.
