This chapter shall be known as the "Indian River County Coastal Management Chapter."

(Ord. No. 90-16, § 1, 9-11-90)

It shall be the purpose of this chapter:

(1)

To protect, maintain, and enhance the coastal resources of Indian River County, while allowing the residents and visitors of the county beneficial enjoyment of these unique resources;

(2)

To reduce the actual and potential threat of loss of life and property from significant storm events in the coastal area.

(Ord. No. 90-16, § 1, 9-11-90)

All terms defined in Chapter 901, Definitions, are applicable in this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

This chapter is enacted pursuant to the authority vested in the board of county commissioners by virtue of Article VIII, Section (1) of the Constitution of the State of Florida and Florida Statutes, Chapter 125.01 and Chapter 163.3202.

(2)

This chapter shall be applicable to all land and aquatic areas lying within the unincorporated area of Indian River County, Florida.

(3)

Subsection 932.06(7), Seawalls and bulkheads, and 932.06(9), Emergency provisions, of this chapter shall be applicable to all oceanfront properties lying within the municipal limits of the City of Vero Beach, Florida.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 97-20, § 4, 12-16-97)

(1)

Protection of seagrass.

(a)

Unless expressly exempted herein, it shall be unlawful and subject to the penalties provided herein for any person, group, company, organization or agent thereof to remove, destroy, damage, or alter to the point of imminent destruction, any known or identified seagrass area.

(b)

Docks, boat ramps, mooring poles, and other similar waterfront structures, including marinas and all permitted waterfront accessory uses, shall be designed and located in such a manner that all adverse impacts to any known or identified seagrass beds shall be minimized. The presence of seagrass beds shall not prohibit the location of these structures, provided that no objections or permit denials are issued by any additional reviewing agencies with appropriate jurisdiction. Mitigation shall be required for all damaged or displaced seagrass areas, and shall be in compliance with the criteria set forth in Chapter 928.

(2)

Erosion protection.

(a)

All estuarine waterfront property, as described in Chapter 927, Tree Protection, shall be subject to the setback and vegetative buffer requirements as expressed therein.

(b)

All persons desiring to clear land which is not exempted by the Chapter 927, Tree Protection, and which is within five hundred (500) feet of any waterbody or defined drainage system which outfalls into the Indian River Lagoon or St. Sebastian River shall submit an erosion control plan, in accordance with the provisions of Chapter 927, Tree Protection, to be reviewed and approved by the county environmental planning section, prior to the issuance of a landclearing permit.

(c)

All new waterfront structures and uses and all structures and uses adjacent to waterbodies or drainage systems outfalling into the St. Sebastian River or Indian River Lagoon shall comply with the provisions of Chapter 930, Stormwater Management, as applicable and expressed therein. Uses and structures exempted in Chapter 930 shall be excluded from this requirement.

(d)

Bulkheads and seawalls shall not be permitted as shoreline stabilization methods within the Indian River Lagoon or its tributaries unless:

1.

Nonstructural and/or semi-permanent structural alternatives have previously been utilized and proven ineffective; and

2.

The proposed bulkhead or seawall is part of a comprehensive plan for shoreline stabilization and revegetation, which includes a mitigation plan for all adversely impacted shoreline and aquatic vegetative species; and

3.

No new dredging or filling shall occur in conjunction with the proposed bulkhead or seawall other than the minimum necessary and customarily incidental to construction of said structures; and

4.

The proposed bulkhead or seawall is adjacent to buildable upland property and does not increase the seaward (outward) projection of the property; and

5.

The proposed project has secured all necessary additional reviewing agencies permits prior to construction.

(3)

Stormwater management.

(a)

All portions of Chapter 930, Stormwater Management are applicable in this chapter. All proposed developments shall be reviewed to ensure adequate drainage, flood prevention, and protection of water quality. All stormwater management systems shall be constructed in accordance with the requirements of the Indian River County stormwater management and floodwater protection ordinance.

(b)

New point-source discharges into estuarine surface waters shall be prohibited.

(4)

Excavation of canals and waterways in estuarine waters.

(a)

Limitations. The excavation of navigable canals or waterways from submerged lands in Class II waters, aquatic preserves or the boundaries of the Pelican Island National Wildlife Refuge is prohibited. The excavation of any canal or waterway shall not be for the purpose of obtaining fill. Maintenance dredging shall only be permitted in compliance with all applicable regulations of the State of Florida and the Army Corps of Engineers; all requisite permits must be obtained.

(b)

Minimum width and depth; environmental protection. When permitted, canals and waterways shall be the minimum width necessary to accomplish the purpose for which they are constructed. An applicant desiring to construct a canal or waterway must affirmatively show a design that will prevent stagnation and eutrophication of the system, provide sufficient flushing and maintain the ambient water quality. All dredging operations must utilize proper turbidity and pollution mitigation techniques as authorized and approved by local, state and federal reviewing agencies.

(c)

The dredging of new channels shall be prohibited within the estuarine waters of Indian River County.

(5)

Surface vessel discharges. Within Indian River County, it shall be unlawful for any commercial, public or private vessel or structure to discharge pollutant or untreated waste material into or adjacent to any surface water body. This provision shall exclude those discharges incidental to the mechanical operation of the vessel such as, but not limited to, cooling water, bilges, and waterjet outflows.

(Ord. No. 90-16, § 1, 9-11-90)

In order to protect the natural vegetation and the main dune bluff fronting on the Atlantic Ocean, the following restrictions shall be observed:

(1)

County dune stabilization setback line. The county hereby adopts the 1978 FDNR Coastal Construction Control Line (C.C.C.L) as the County Dune Stabilization Setback Line (D.S.S.L.), as recorded on June 10, 1981 in county Plat Book 10, Pages 93-93H.

(2)

Encroachment, ingress, disturbance. Except as provided herein, encroachment or ingress onto or any disturbance of the main dune or natural vegetation seaward of the county dune stabilization setback line is prohibited, including encroachment or disturbance caused by individuals upon foot or by vehicle of any kind. Ingress by foot seaward of the county dune stabilization setback line must be associated with an approved dune crossover structure.

(3)

New construction; disturbance of dunes, vegetation. The land between the coastal construction control line and the county dune stabilization setback line is established as a zone of regulation, whereby the Bureau of Beaches and Shores of the Florida Department of Natural Resources and Indian River County may permit construction activity and construction related dune alteration. Except as provided herein, new construction and/or disturbance of the dune and associated native vegetation is not permitted seaward of the county dune stabilization setback line.

(4)

Vehicles prohibited seaward of dune stabilization line; exception. Except as expressly provided in subsection (5), it shall be unlawful for any person to operate, drive or propel any truck, tractor, bulldozer, grader, crane, automobile, motorcycle, dune buggy, moped, minibike, all-terrain cycle, or any other vehicle seaward of the county dune stabilization setback line excluding, however, any of the aforementioned vehicles when operated by an officer of any agency of the state or of a political subdivision of the state in the furtherance of official duties, or those operations which have received the express authorization of the board of county commissioners. The parking or storage of automobiles, trailers, motor homes, recreation and like vehicles is prohibited seaward of the dune stabilization setback line (DSSL). Boats may be stored seaward of the dune stabilization setback line if stored, located and moved in a manner that does not disturb, damage or destroy the existing dune or associated dune vegetation, and in a manner that does not interfere with the natural reestablishment of the dune or associated dune vegetation. Storage of boats is also subject to the requirements of section 911.15(7). However, boats stored in accordance with the requirements of this section by or with the permission of the abutting upland land owner, shall be exempt from the requirements of section 911.15(7)(b)1. and 912.17(3)(b)1.

(5)

Leeway zone. Notwithstanding the foregoing provisions, an applicant who has received the express written approval of the Bureau of Beaches and Shores of the Department of Natural Resources to carry on construction of an approved structure within fifteen (15) feet of the county dune stabilization setback line may make use of a leeway zone seaward of the county dune stabilization setback line. Said zone may extend a distance of up to fifteen (15) feet seaward of the dune stabilization setback line, but may not extend more than fifteen (15) feet seaward of said structure. The purpose of the leeway zone is to provide for temporary encroachment of workers and equipment seaward of the dune stabilization setback line necessary for construction activity. All proposed activity within the fifteen-foot leeway zone shall be described in writing and submitted to the environmental planning section. Such written request for authorization of a leeway zone shall include a vegetation survey that locates and identifies all vegetation within an area between the county dune stabilization setback line and a line twenty (20) feet seaward of that line, as well as a plan for revegetating and maintaining the leeway zone with natural indigenous dune vegetation. No permanent improvement or structure may be made in the leeway zone and, prior to encroachment therein, a temporary barrier running parallel to the coastal construction control line or county dune stabilization setback line shall be placed at the most seaward extent of the leeway zone to identify the limits beyond which no encroachment of any kind may occur; provided, however, all activities related to construction of an approved dune crossover or elevated bridge shall be governed by authorization of the Department of Natural Resources, Bureau of Beaches and Shores, or its successor.

Approvals required under this paragraph may be obtained concurrently with site plan or subdivision approval, as the case may be, but must be obtained prior to the scheduled activity. The leeway zone shall be revegetated with natural indigenous dune vegetation upon completion of construction activities and prior to the issuance of any certificate of occupancy for the subject improvements. The applicant remains responsible for successful reclamation of the dune vegetation temporarily destroyed under this paragraph.

(6)

[Exceptions.] Nothing in this section shall be construed to prohibit the undertaking of coastal construction projects seaward of the coastal construction control line, when approved by the Bureau of Beaches and Shores of the Department of Natural Resources of the State of Florida, and when the applicant can demonstrate to the county that the project is in the public interest or is necessary to protect contiguous real property improvements; provided that any such coastal erosion control project which includes beach sand renourishment shall also include a program of dune system restoration as a component of the project. Such restoration program shall include both dune revegetation, using native and salt-tolerant plant material which is appropriate and suitable for dune revegetation, and reestablishment of the dune profile.

(7)

Seawalls and bulkheads. Seawalls, bulkheads and other rigid, permanent shoreline protection structures shall not be permitted unless:

(a)

Nonstructural alternatives have been employed correctly and proven to be unsuccessful;

(b)

The county engineering department and the Division of Beaches and Shores of the Florida Department of Natural Resources recommendations include the utilization of a rigid structure over other alternatives;

(c)

The subject property owner assumes responsibility and agrees to mitigation of any adverse environmental impacts, including increased downdrift erosion of adjacent property, throughout the life of the stabilization project; and

(d)

The bulkhead or seawall is necessary to protect real property improvements from a twenty-five-year or less intensity storm event, utilizing methods approved by the Division of Beaches as Shores of the Florida Department of Natural Resources.

(8)

Roadways. No roadway shall be allowed to cross the county dune stabilization setback line, except at specified locations, to be designated by resolution of the board of county commissioners.

(9)

Emergency provisions. During periods of emergency, such as hurricanes or severe storms, in order to protect life or property, provisions of this ordinance may be temporarily suspended by petition to, and approval of, the board of county commissioners or by proper authorization from the emergency management director. All approvals for emergency work shall be coordinated with the Florida Department of Natural Resources upon the expiration of eminent threat to life and property.

(10)

Beachfront development. All projects constructed between the Florida Department of Environmental Protection Coastal Construction Control Line and the county dune stabilization setback line shall demonstrate compliance with the FDEP Coastal Construction Control Line regulations as established in Chapter 161, Florida Statutes, and as specified in this chapter. In addition, the standards for protecting dune vegetation, as established, shall be satisfied.

(a)

No building, excavation or manmade structure, except approved dune crossover structures or other similar minor structures as defined by the Florida Department of Environmental Protection shall be located seaward of the county dune stabilization setback line.

(b)

All new development desiring beach access shall be required to install, maintain and utilize dune crossover structures as approved by Indian River County and the Florida Department of Environmental Protection. Dune crossover design and maintenance shall be in compliance with the provisions set forth by the FDEP and all applicable county regulations including the following:

1.

Dune crossovers shall be wood-pile supported and elevated above the dune vegetation; they shall be elevated a minimum of twenty-four (24) inches above grade in all areas as measured to the bottom of the walkway support members, with the exception of access stairs and ramps. Dune crossovers shall generally be located perpendicular to the shoreline where crossing dunes. Covered or roofed viewing areas shall not exceed twelve (12) feet in height as measured from mean crossover elevation to mean height between the eaves and ridge for sloped roofs, the highest point for flat roofs, and the deck line of mansard roofs.

2.

Private dune crossover structures shall be limited to one structure per single-family lot, or one structure per recorded public or private beach access (subdivisions, PRD's). Those persons desiring more than one access per single-family lot shall be required to obtain administrative approval from the community development director, and shall state in writing the reason for the request. The community development director shall approve, conditionally approve, or deny the request based on the following minimum criteria:

i.

The additional structure does not require alteration of the existing dune or dune vegetation other than that which is normally incidental to dune crossover construction.

ii.

Structures associated with guest houses, lots with greater than two hundred (200) feet of ocean frontage, or areas experiencing a history of repeated, unregulated use (such as street ends and trails) may be permitted.

iii.

Additional structures on the same contiguous property must maintain a minimum fifty-foot separation.

iv.

All criteria as applicable and set forth by this chapter shall be applied to all additional structures.

3.

Dune crossovers shall be allowed to encroach up to five (5) feet into any required side yard, provided any such structure not specifically exempted in Chapter 932 subsection (10)(b)4. is located no closer than five (5) feet from any property line. No crossover structure shall be allowed to locate in any required easement other than access easements.

4.

Adjacent properties desiring to share one dune crossover structure shall be exempt from subsection (10)(b)3. provided the proposed structure does not contravene the additional provisions of this chapter and that the said structure is recorded as a cooperative structure under a cross easement for use and maintenance or recorded in the deed restrictions of the adjoining property owners.

5.

Gazebos, viewing decks, sitting areas, landings and similar structures located seaward (east) of the dune stabilization setback line must be associated with approved dune crossovers. Gazebos and other similar structures may not exceed one hundred forty-four (144) square feet in total floor area when measured from the outward extension of the elevated floor area. No walled or enclosed structures other than louvers not exceeding fifty (50) percent opaqueness shall be permitted. Gazebos and other such structures shall not be located in any required side yard unless shared by adjoining property owners pursuant to the provisions of this chapter.

6.

Private, single-family dune crossovers not specifically designed for handicap access shall be limited in width to five (5) feet. Crossovers associated with subdivisions or PRD's or any public or public/private facilities shall maintain a minimum four-foot width, and shall not exceed eight (8) feet in width, unless specifically designed for authorized vehicle access, handicap access or catamaran access.

7.

All subdivisions and PRD's containing interior as well as ocean front lots shall provide public and/or private beach access facilities with deeded access easements. These easements shall exceed the width of the proposed crossover structure by a minimum of two (2) feet on either side for maintenance purposes.

8.

All new public beach access areas shall include at minimum one dune crossover structure specifically designed and located for handicap access. When replacing existing dune walkover structures with handicap facilities, minor site re-location to improve the public benefit of the facility is permitted. The replacement of structures not specifically designed for handicap access shall be at minimum a 1:2 (fifty (50) percent) handicap facilities replacement. All public facilities shall utilize mechanisms such as, but not limited to, native dune vegetation, fences or other barriers to discourage encroachment onto dune areas, in association with crossover construction.

9.

All walkover structures shall be in strict compliance with section 932.09, Sea Turtle Protection.

(c)

No construction or activity which threatens the stability of the primary beach and dune system shall be permitted.

(d)

Notwithstanding the provisions of Chapter 904, Nonconformities, all structures and uses located seaward (east) of the county dune stabilization setback line, excluding approved crossover structures, which sustain damage from a naturally occurring storm event greater than fifty (50) percent of MAI (Member of Appraisal Institute) assessed current market value shall, instead of reconstructing at the exact same location, relocate upland of their former location and, when possible, westward of the D.S.S.L. Prior to reconstruction, structures shall obtain all necessary approvals and permits and comply with all existing applicable building codes concerning coastal construction.

(11)

Dune vegetation maintenance. It shall be unlawful and subject to the penalties of Chapter 927, Tree Protection, for any person(s) to damage, alter, trim, remove or relocate any vegetation seaward of the county dune stabilization setback line without prior authorization and a county dune vegetation maintenance permit from the Indian River County Environmental Planning Section. Permits shall be issued under the provisions set forth in Chapter 927, Tree Protection, in accordance with the following criteria:

(a)

Pruning, trimming, removal or relocation of dune vegetation shall be prohibited between December 1 and February 15;

(b)

All cuts shall be made cleanly and at the base of the branch or limb of the vegetation, or at branch points of the stalk of the vegetation, except when done with respect to the shaping of a hedge;

(c)

The planting of sod grass and ornamental landscaping shall be prohibited seaward of the dune stabilization setback line with the exception of a five-foot wide pathway from the access structure to the residence, as necessary. In no case shall the sod be allowed to cross the primary dune area;

(d)

Grasses, shrubs, shrub trees, or other similar dune vegetation may be maintained or trimmed up to four (4) feet above existing grade, provided such trimming does not result in the death or destruction of the vegetation. On larger species,such as mature seagrapes, palms, and other similar species, the removal of the lower branches or limbs for view may be permitted, provided no such alteration results in significant damage or death of the vegetation. Sea oats may not be altered;

(e)

All dead, decaying, injured or diseased vegetation may be trimmed without a permit, provided that:

1.

The trimming constitutes only dead or diseased vegetation, and no live portions of vegetation are trimmed;

2.

No root material is to be trimmed or destroyed. No native dune vegetation may be rooted or removed;

3.

The applicant must notify the environmental planning section prior to commencing any work. The environmental planner shall inspect the property prior to authorization of permit exemption. Failure to notify the environmental planning section prior to any removal work will constitute a violation of the provisions of Chapter 927, Tree Protection;

4.

No existing dune vegetation shall be removed by the root system with the exception of non-native, nuisance species as described in Chapter 927, Tree Protection, or as authorized by the environmental planner;

5.

The provisions of this chapter shall not preclude the undertaking of approved shoreline stabilization projects or the location and construction of approved dune crossover structures and similar minor structures;

6.

Any request to alter or remove any existing vegetative cover seaward of the county dune stabilization setback line shall be accompanied in writing by a dune revegetation plan, to be approved by the environmental planning section.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-1, § 8A, 1-5-94)

(1)

Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian landowner. Regularly moored watercraft shall not be used as live-aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live-aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live-aboard vessels use on an approved site plan meeting the provisions described in section 971.35(3). Watercraft shall comply with the anchoring limitation area provisions in section 932.12.

(2)

Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determined by the applicable zoning side yard setback of the zoning district in which the project is located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such boatslip shall project into the extended riparian side yard setback, unless necessary to allow the utilization of riparian rights.

(3)

Projection of waterfront structures.

(a)

Unwalled shelters. Unwalled shelters may be erected over boatslips associated with docks or over the terminal platform associated with private observation/fishing piers and public piers; however, no part of such shelter may be erected waterward of the mean high water line (MHWL) unless the following conditions are met:

1.

The applicant shall provide a detailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff;

2.

The applicant must demonstrate that the unwalled shelter does not adversely impact light-sensitive aquatic resources such as sea grasses;

3.

The combined total surface area of the unwalled shelter, walkway, and the terminal platform of the associated dock, private observation/fishing pier, or public pier shall not exceed Florida Department of Environmental Protection (FDEP) size limitations where such structures are located in an aquatic preserve, provided that in no case however, shall the surface area covered by an unwalled shelter extend more than one foot beyond the footprint of a boatlift, as well as a boat with trimmed motor(s) stored on the boatlift, consistent with Florida Department of Environmental Protection (FDEP) and other jurisdictional agency requirements. Such shelters are not included in the square footage calculation of a terminal platform. Unwalled shelters on a private observation/fishing pier shall not exceed one hundred sixty (160) square feet; and

4.

The height of the unwalled shelter shall not exceed twenty (20) feet above the mean high water line.

(b)

Extension of docks, public piers, and private observation/fishing piers in waterways; generally.

1.

Docks, including tie-off piles, mooring or dolphin poles, and public piers shall not project outward from the shore more than twenty-five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations.

2.

Private observation/fishing piers shall not project outward from the shore more twenty-five (25) percent of the width of the waterway at a point where the fishing pier is located, or thirty-five (35) feet beyond the shoreline, whichever is less. The outward projection of an observation/fishing pier shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations.

(c)

[Exceptions.] Application of paragraphs in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12½) feet either side of the waterway centerline).

(4)

Riparian side yard setback encroachment prohibited. No dock, pier, boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances.

(a)

Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi-slip facilities. The applicant(s) shall also provide written confirmation of a recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines.

(b)

Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use.

(c)

Environmental constraints. In cases where environmental conditional on a subject property are such that the location of a dock or other waterfront structure within a riparian side yard setback would afford the best protection of on-site natural resources, an applicant may apply for and be granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources that warrant riparian side yard setback encroachment consideration for protection purposes include mangroves and submerged aquatic vegetation.

(5)

Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian property where the location of a waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions.

(6)

Design and construction characteristics of private observation/fishing piers. All private observation/fishing piers shall be constructed to the following design characteristics:

(a)

The main access pier shall not exceed four (4) feet in width.

(b)

The terminal platform shall not exceed one hundred sixty (160) square feet in area and shall not be used for docking a boat.

(c)

The water depth at the outermost projection of the private observation/fishing pier shall not exceed two (2) feet mean high water (MHW).

(d)

Handrailing, built to Southern Building Code standards, shall be installed around that portion of the perimeter, of the observation/fishing pier, that extends waterward of the mean high water line.

(e)

That portion of the fishing pier that extends waterward of the mean high water line shall be elevated at least five (5) feet above the mean high water line, as measured from the top of the decking material. This elevation shall apply to both the main access pier as well as the terminal platform. The purpose of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing pier.

(f)

"No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4) inches high and no greater than six (6) inches high.

(7)

Prohibition of private observation/fishing piers in the Pelican Island National Wildlife Refuge. No private fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 12, 5-15-91; Ord. No. 91-48, § 52, 12-4-91; Ord. No. 92-11, § 13, 4-22-92; Ord. No. 96-6, § 20, 2-27-96; Ord. No. 99-26, § 3, 9-28-99; Ord. No. 2019-015, § 1, 7-2-19; Ord. No. 2022-013, § 1, 11-1-22)

The zoning and necessary specific criteria for commercial marinas, public/private docks and private multi-slip docking facilities are described in Chapter 971 regarding specific land uses and are applicable in this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Purpose. The purpose of this section is to protect threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles from the impacts of light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan.

(2)

New development. It is the policy of the Indian River County board of county commissioners that no light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest (March 1 to October 31). To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following:

(a)

Floodlights shall be prohibited. All exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach, shall be fitted with shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below five hundred sixty (560) nanometers (nm).

(b)

Pole lights shall be shielded in such a way that light will not illuminate areas other than the specific property boundaries of the subject site and shall not directly or indirectly illuminate the beach or dune area on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security.

(c)

Low-profile downward directed luminaries, with shields if necessary, shall be used in parking lots, and such lighting shall be positioned so that no light directly or indirectly illuminates the beach.

(d)

Dune crosswalks shall utilize low-profile, shielded downward directed luminaries so that no light directly or indirectly illuminates the beach.

(e)

Lights on balconies shall be low-profile, shielded and downward directed so that lights will not directly or indirectly illuminate the beach.

(f)

Tinted or filmed glass shall be used in windows and glass doors within line-of-sight of an observer standing anywhere on the beach on single and multistory structures.

(g)

Temporary security lights at construction-sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights directly or indirectly illuminate the beach.

(3)

Beachfront lighting approval. Prior to the issuance of a certificate of occupancy for any new development within view of the beach, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows:

(a)

Upon completion of the construction activities, the building contractor shall provide written certification to county staff that the beachfront lighting standards of this section have been met, and county staff shall conduct a site inspection to verify the contractor's certification.

(b)

In cases where remedial action is necessary, county staff shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance.

(4)

Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following:

(a)

Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate the beach, or turned off after 9:00 p.m. during the period from March 1 to October 31 of each year.

(b)

Lights illuminating dune crosswalks or any areas oceanward of the landward side of the dune line shall be turned off after 9:00 p.m. during the period from March 1 to October 31 of each year and shall not directly or indirectly illuminate the beach.

(c)

Security lighting shall be permitted throughout the night so long as low-profile luminaries are used and screened in such a way that those lights do not directly or indirectly illuminate the beach. Motion detector switches may be used.

(d)

Window treatments in windows within line-of-sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non-reflective tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice.

(e)

All exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach, shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below five hundred sixty (560) nanometers (nm).

(5)

Publicly owned lighting. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following:

(a)

Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. The lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach.

(b)

Lights at parks or other public beach access points shall be shielded or shaded.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-1, §§ 8B, 8C, 1-5-94; Ord. No. 2015-015, § 2, 10-13-15)

(1)

Aquaculture. Any proposed aquaculture or mariculture related operation which locates within the surface waters of Indian River County shall be subject to the regulations of all federal, state and local authorities with appropriate jurisdiction. All marine-related aquaculture operations, including those exempted from federal or state regulations, shall be subject to the rules of this chapter, as applicable. All aquaculture operations or related operations shall obtain administrative approval from the community development director and shall meet the following minimum criteria:

(a)

The use of privately owned bottom lands for aquaculture related purposes shall be permitted provided that:

1.

There shall be no creation of new or expansion of existing bottom lands, or impoundment areas of the proposed site;

2.

The area and water quality has been state approved for shellfish harvesting and/or propagation, or has been approved by the state for the specific use desired;

3.

The activities associated with or incidental to the operation do not interfere with waterway rights or boating activities, reduce water circulation patterns or degrade existing water quality, adversely impact existing aquatic or shoreline vegetation, or are contradictory to the rules and regulations of the county or the state of Florida;

4.

The proposed operation shall have adequate upland facilities and zoning deemed necessary for operation as determined by the community development director, or designee;

5.

Aquaculture/mariculture operations with primary facilities located on upland property shall be considered water-related uses, subject to the applicable rules of this chapter.

(2)

Water-dependent uses. Water-dependent uses shall include those uses whose primary function is derived by direct water access such as, but not limited to, commercial marinas, commercial charter fishing, touring and diving boat piers, waterski, sailing, and similar instructional operations, dredge, hauling, marine repair other related uses.

(a)

All water-dependent uses shall be required to have sufficient upland facilities consistent with the provisions of Chapter 927, Site Plans, and shall be allowed only in the appropriate zoning classification.

(b)

Water-dependent facilities shall be located and designed in order to minimize adverse impacts to aquatic and/or shoreline vegetation. Facilities shall not be permitted in approved shellfish harvesting/propagation areas or existing seagrass beds.

(c)

Water-dependent facilities shall be required to submit pollution mitigation plans to the environmental planning section which adequately describe any potentially hazardous materials stored or utilized on-site, mitigation procedures for any potential spills or discharges, and an inventory and maintenance list of all mitigation materials to be stored on-site.

(3)

Water-related uses. Water-related uses shall include those uses whose orientation is associated with aquatic or shoreline use, but whose primary function does not require direct or immediate waterway access. These may include but not be limited to: bait, tackle, surf, ski and other similar retail shops, land-based aquaculture operations, small boat sales, service and repair operations, restaurants, fish processing and/or packing plants, aquatic sports and business related offices, and other similar facilities. The following criteria shall be applied to water-related uses, in addition to any required federal, state or local provisions:

(a)

Water-related uses not requiring direct waterbody access shall locate in upland areas;

(b)

Water-related uses shall not be permitted to adversely affect neighboring land uses or discharge directly into the surface water of Indian River County. Exemptions shall be allowed for FDER approved discharge of circulatory water for aquaculture uses. All water related uses located adjacent to surface water shall be in compliance with Chapter 930, Stormwater Management, and shall not be allowed to discharge either directly or indirectly, and untreated stormwater;

(c)

Water-related uses which locate in upland areas adjacent to waterbodies and which desire shoreline access shall be required to provide adequate facilities such as stairs, docks and decks to ensure access which minimizes adverse effects to aquatic and shoreline vegetation and discourages erosion of the shoreline.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Intent. The county is establishing anchoring limitation areas as provided for in F.S. § 327.4108. The intent of the county is to implement and enforce the anchoring limitation areas in accordance with this law. If F.S. § 327.4108 is amended and the terms of this section conflict with F.S. § 327.4108 or any other Florida Statute, state law shall prevail.

(2)

Definitions.

Anchor means to firmly secure a vessel to the seafloor or river-bottom with an anchoring device; to moor.

Law enforcement officer means an officer or agency authorized to enforce this section pursuant to F.S. § 327.70.

Vessel is synonymous with boat and includes every description of watercraft, barge, airboat, or craft used or capable of being used as a means of transportation on water.

(3)

Anchoring limitation area maps.

(a)

The anchoring limitation areas established by the Board of County Commissioners shall be depicted on official anchoring limitation area maps and attached to the enabling ordinance.

(b)

The county natural resources department shall be the custodian of the official anchoring limitation area maps.

(c)

The official anchoring limitation area maps shall be amended only by ordinance of the board of county commissioners and adopted in compliance with F.S. § 327.4108.

(4)

Designated anchoring limitation areas.

(a)

Each anchoring limitation area must:

1.

Be less than one hundred (100) acres in size. For purposes of this subsection, the calculated size of the anchoring limitation area does not include any portion of the marked channel of the Florida Intracoastal Waterway contiguous to the anchoring limitation area;

2.

Not include any mooring field or marina; and

3.

Be clearly marked with all of the following:

a.

Signs that provide reasonable notice to boaters identifying the duration of time beyond which anchoring is limited and identifying the county ordinance by which the anchoring limitation area was created.

b.

buoys marking the boundary of the anchoring limitation area.

(b)

The following anchoring limitation areas are hereby established:

City of Vero Beach:

Situated in the State of Florida, County of Indian River, City of Vero Beach, being a portion of the Indian River, being a portion of section 30, township 32 south, range 40 east; section 31, township 32 south, Range 40 east; section 05, township 33 south, range 40 east; section 06, township 33 south, range 40 east; section 07, township 33 south, range 40 east; and described as follows:

Anchoring limitation area 1:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 07, township 33 south, range 40 east; containing 33.1 acres more or less.

Anchoring limitation area 2:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 07, township 33 south, range 40 east; containing 9.4 acres more or less.

Anchoring limitation area 3:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 06, township 33 south, range 40 east: containing 8.4 acres more or less.

Anchoring limitation area 4:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 31, township 32 south, range 40 east: section 06. township 33 south, range 40 east and section 05, township 33 south, range 40 east; containing 91.2 acres more or less.

Anchoring limitation area 5:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 30, township 32 south, range 40 east and section 31, township 32 south, range 40 east; containing 23.6 acres more or less.

Anchoring limitation area 6:

The area shown on the City of Vero Beach anchoring limitation area map, lying within section 30, township 32 south, range 40 east; containing 11.0 acres more or less.

Town of Indian River Shores:

Situated in the State of Florida, County of Indian River, Town of Indian River Shores, being a portion of the Indian River, being a portion of section 1, township 32 south, range 39 east; section 12, township 32 south, range 39 east; section 13, township 32 south, range 39 east; section 19, township 32 south, range 40 east; section 30, township 32 south, range 40 east; and described as follows:

Anchoring limitation area 1:

The area shown on the Town of Indian River Shores anchoring limitation area map as "ALA AREA 1", lying within section 1, township 32 south, range 39 east; section 12, township 32 south, range 39 east and section 13, township 32 south, range 39 east; containing 99.6 acres, more or less.

Anchoring limitation area 2:

The area shown on the Town of Indian River Shores anchoring limitation area map as "ALA AREA 2", lying within section 19, township 32 south, range 40 east and section 30, township 32 south, range 40 east; containing 97 acres, more or less.

Anchoring limitation area 3:

The area shown on the Town of Indian River Shores anchoring limitation area map as "ALA AREA 3", lying within section 30, township 32 south, range 40 east; containing 13 acres, more or less.

(c)

Except as allowed by F.S. § 327.4108(4), a person may not anchor a vessel for more than 45 consecutive days in any six-month period in an anchoring limitation area established pursuant to this subsection.

(d)

This section does not apply to:

1.

Vessels owned or operated by a governmental entity for law enforcement, firefighting, military, or rescue purposes.

2.

Construction or dredging vessels on an active job site.

3.

Vessels actively engaged in commercial fishing.

4.

Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets.

(5)

Enforcement.

(a)

For a vessel in an established anchoring limitation area, upon an inquiry by a law enforcement officer, a vessel owner or operator must be given an opportunity to provide proof that the vessel has not exceeded the limitations described in subsection (4)(c). Such proof may include any of the following:

1.

Documentation showing that the vessel was in another location at least 1 nautical mile away within a period of less than forty-five (45) days before the inquiry.

2.

Electronic evidence, including, but not limited to, navigational devices or tracking devices that show the vessel was in another location at least 1 nautical mile away within a period of less than forty-five (45) days before the inquiry.

(b)

If a vessel owner or operator fails or refuses to provide proof that the vessel has not exceeded the limitations described in subsection (4)(c), or otherwise violates this section, a law enforcement officer may issue a citation and pursue all enforcement and legal remedies provided in F.S. § 327.4108 and any other applicable statutes.

(Ord. No. 2025-012, § 3, 8-19-25)