403.9324 – Mangrove protection rule; delegation of mangrove protection to local governments.
403.9324 Mangrove protection rule; delegation of mangrove protection to local governments.— (1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department’s authority to administer and enforce the regulation of mangroves as provided by this section shall be the sole regulations in this state for the trimming and alteration […]
403.9325 – Definitions.
403.9325 Definitions.—For the purposes of ss. 403.9321-403.9333, the term: (1) “Alter” means anything other than trimming of mangroves. (2) “Local government” means a county or municipality. (3) “Mangrove” means any specimen of the species Laguncularia racemosa (white mangrove), Rhizophora mangle (red mangrove), or Avicennia germinans (black mangrove). (4) “Mangroves on lands that have been set aside as mitigation” means mangrove […]
403.9326 – Exemptions.
403.9326 Exemptions.— (1) The following activities are exempt from the permitting requirements of ss. 403.9321-403.9333 and any other provision of law if no herbicide or other chemical is used to remove mangrove foliage: (a) Mangrove trimming in riparian mangrove fringe areas that meet the following criteria: 1. The riparian mangrove fringe must be located on lands owned or controlled […]
403.9327 – General permits.
403.9327 General permits.— (1) The following general permits are created for the trimming of mangroves that do not qualify for an exemption provided by s. 403.9326: (a) A general permit to trim mangroves for riparian property owners, if: 1. The trimming is conducted in an area where the department has not delegated the authority to regulate mangroves to a […]
403.93271 – Applicability to multifamily residential units.
403.93271 Applicability to multifamily residential units.— (1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed so that each owner’s riparian view is similarly affected. (2) If it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to […]
403.9328 – Alteration and trimming of mangroves; permit requirement.
403.9328 Alteration and trimming of mangroves; permit requirement.— (1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in s. 373.4211 and chapter 62-340, Florida Administrative Code, when the […]