The provisions of this division shall apply to docks on the Withlacoochee River.

Intergovernmental agreements relative to docks shall provide for timely, efficient and consistent determinations of compliance and the need for permitting and the coordination of the permitting process when required. Any conflicts between county and municipal ordinances or regulations shall be specifically addressed in the interlocal agreement. Municipalities shall hold the county harmless from any action or suit arising from a municipal regulation in conflict with this plan or state law.

(1991 LDR ch. 49, art. 4)

Variances to county or municipal standards may be granted for the size, shape or physical features of a parcel of land. Variances for physical handicap will be handled on a discretionary basis by the development department director. No variance may be granted to either the density on the number of slips allowed by subsection 50-169(a).

(1991 LDR ch. 49, art. 5)

(a)

New or expanded facilities. Expansion of existing or construction of new residential dock facilities shall be limited to a density of one dock per platted lot or per 100 feet of shoreline within single-family zones and a maximum of two boat slips per 100 feet for multifamily zones. As used in this subsection, the term "boat slip" is defined as a place to moor a vessel, created by the construction of finger piers at right angles to the main pier walkway. For a single-family dwelling, the walkway and terminal platform constitute a "boat slip."

(b)

Permit exemptions. No county permit shall be required for private docking facilities which meet the density standards cited in subsection (a) of this section and which also meet the intensity, siting and permit exemption requirement of F.S. § 403.813(2)(b)1—4, which are hereby incorporated by reference as though fully copied in this section.

(c)

Nonexempt permitting requirements. Docking facilities not exempt under subsection (b) of this section must meet the permitting requirements of federal and state agencies including, but not limited to, the United States Army Corps of Engineers and state department of environmental regulation. Nothing in this section shall prevent the adoption of land development regulations which provide more restrictive density, intensity, siting and permitting requirements for nonexempt docks.

(1991 LDR ch. 49, art. 1)

Expansion of existing or construction of new marinas/boat facilities, dry dock and repair facilities and dry storage facilities shall be prohibited. As used in this section, the term "marina/boat facilities" mean any commercial marina, commercial docking structure greater than as provided by F.S. § 370.12, or any facility used for wet or dry storage, loading, unloading and/or launching of boats except for the sole use of residences adjacent to the Withlacoochee River, and, except for new boat ramps pursuant to comprehensive plan policy 1.2.

(1991 LDR ch. 49, art. 2)

(a)

Manatee protection. Docks, mooring pilings and other such structures proposed for location on the Withlacoochee River shall be built in a manner which reduces or restricts the impact of these structures on the manatee and the physical and biological resources on which it depends. This will be accomplished through the enforcement of construction standards which limit dock intrusion into waterways; restrict dredge and fill related to residential dock construction; and require submerged structures to be designed in a manner which will prevent injury to manatees.

(b)

Water depth and waterward extension. On rivers and canals, no dock shall extend waterward of the mean or ordinary high water line beyond a point which would impede navigation as determined by the Army Corps of Engineers. On waterways not regulated by the Army Corps of Engineers, the county will utilize Army Corps of Engineers guidelines to regulate dock construction.

(c)

Single-family docks.

(1)

Single-family docks shall conform to a terminal platform size of no more than 210 square feet for the first 50 feet of shoreline. For each additional foot of waterfront, the owner will be allowed to add two square feet of terminal platform, up to a maximum of 500 square feet for the combined terminal platform plus walkway or access dock.

(2)

There can be no dredging, except for pilings or mooring space; and, no residential single-family or multifamily docking facility shall be approved which requires either dredging or filling to provide access by canal, channel, road or any other means.

(3)

The dock cannot be designed or constructed to accommodate more than two boats.

(4)

Nonwater-dependent structures or activities cannot be allowed (Examples are: gazebos, sun decks, and screen houses).

(5)

The dock and all associated structures can be no closer than 25 feet from the side riparian property line except as provided by F.S. § 403.813.

(6)

If a boathouse is constructed, the total activity area, including the terminal platform, catwalks and boathouse, cannot exceed a total of 500 square feet and the boathouse cannot have enclosed side walls.

(d)

Multi-slip residential docks. Multi-slip residential docks shall conform to the following criteria:

(1)

Main access docks and connecting or cross walks shall not exceed six feet in width.

(2)

Terminal platforms shall not exceed eight feet in width.

(3)

Finger piers shall not exceed three feet in width, and 25 feet in length.

(4)

The dock decking design and construction will ensure maximum light penetration, with full consideration of safety and practicality.

(1991 LDR ch. 49, art. 3)

(a)

In the county, environmentally sensitive lands include:

(1)

Tide-influenced salt marshes, mangroves, shorelines and barrier/off-shore islands.

(2)

Historic and archaeological sites.

(3)

The Cedar Key Scrub Preserve and all other habitats of threatened or endangered species.

(4)

Freshwater and coastal springs, swamps, marshes, wetlands as defined by the Department of Environmental Protection. Streamside management zones along the Suwannee River, Waccasassa River and Withlacoochee River, and each of the rivers and spring-fed tributaries.

(5)

County and/or state recreation areas.

(6)

Wellhead protection areas.

(7)

State and federal preserves, refuges and wildlife management areas.

(8)

The 10 and 100-year floodplain.

(9)

Coastal and riverine flooding areas as defined in Future Land Use Element, Policy 1.5—Conservation Land Use.

(10)

Coastal high hazard areas (Category one hurricane evacuation zone).

(b)

All development proposals shall, in addition to protecting environmentally sensitive lands, document how the applicant proposes to protect and conserve the natural functions of soils, fisheries, wildlife habitats, rivers, bays, lakes, floodplains, harbors, wetlands, estuarine marshes, freshwater beaches and shores, and marine habitats, as appropriate.

(c)

The development proposals shall be in writing. The development proposals will be revised as required by the board of county commissioners and will be incorporated as a part of any approved subdivision plat, planned development or development order.

(d)

The land development regulations in this article are intended to implement the county comprehensive plan and protect these important resources.

(1991 LDR ch. 53)

Cross reference— Comprehensive Plan, Conservation Element, Policy 2.1

The following provisions apply to estuaries:

(1)

Stormwater retention. Stormwater retention will be required for all development contiguous to the Suwannee River, Waccasassa River, Withlacoochee River or any tributaries thereto. Prior to receiving any county permits, applicants for new construction shall submit a site plan to the development department, in triplicate, for review by the state department of environmental protection and the appropriate water management district.

(2)

Natural vegetation buffer. A natural vegetation buffer shall be retained along all streams and rivers with year-round flow.

a.

Within a streamside management zone (SMZ), which extends perpendicular to the shoreline a distance of 66 feet, forest managers shall utilize a single-tree or group selection method of harvesting and regenerating forests. Within the streamside management zone, there will be no mechanized site preparation and limited use of herbicides or pesticides. Road construction shall be limited to bridges or culverts at crossings. Any activity within the streamside management zone will be conditional upon prior review and approval by the county forester, or, if that position is vacant, by a representative of the state department of agriculture and consumer services, division of forestry.

b.

The removal of vegetation other than merchantable timber shall be governed by section 50-190 regarding river protection.

(3)

Undisturbed area. Any public or private development contiguous to the shoreline (coastline) of the Gulf of Mexico, including single-family residential construction, shall retain a minimum of 25 feet of undisturbed upland vegetation between the high tide line and any impervious surface, which such undisturbed area may be crossed by an elevated boardwalk having a maximum width of four feet.

(1991 LDR ch. 53, art. 1)

(a)

Quantity and quality. Any development activity that would directly or indirectly affect the quantity or quality of marshes, mangroves or marine grass beds must be documented as being essential to the public interest. The burden for providing such documentation shall rest solely with the applicant.

(b)

Recreational activities. Recreational activities in marshes, mangroves and marine grass beds shall be limited to access purposes. Examples of such acceptable purposes include boat ramps, docks elevated on pilings and bridges elevated on pilings.

(c)

Mitigation. Any disruption of a marsh, mangrove or marine grass bed shall require mitigation, with restoration within one year to an area equal in square feet to the original, undisturbed area; and with a mix of vegetative species and density (number of plants per square foot) equal to that which existed prior to disturbance.

(d)

Endangered habitat preservation. Any endangered or pristine habitat identified by a state or federal agency shall be preserved without any disturbance whatsoever.

(1991 LDR ch. 53, art. 2)

(a)

Generally. Natural reservation areas in the county consist of lands designated on future land use map of the comprehensive plan as natural reservation. Such areas are owned and operated or managed by a federal, state, regional, or local government, or a non-profit agency, and are specifically managed as passive recreation areas, park facilities and services, undeveloped wildlife and vegetation preserves, and agricultural/forestry uses. Development of those areas that abut a natural reservation area shall be of such type and intensity as considered to be compatible with the natural reservation area.

(b)

Development abutting natural reservation. Development on property abutting lands designated on the future land use map as natural reservation, or lands which have been acquired by and are managed by a government agency for the purpose of conservation, shall exhibit best environmental management practices for the particular type of development, if such best environmental practices have been adopted by a state or federal agency for such type of development, in order to avoid and minimize adverse environmental and visual impacts. Development on such abutting property shall allow for the continued functioning, with the minimum disturbance, of the ecosystem that such development may be impacting.

(c)

Required buffer. Any property abutting a federal or state wildlife management area or federal or state forest which wildlife management area or forest is designated natural reservation on the future land use map shall maintain a 100-foot naturally vegetated buffer from the natural reservation property. Structures are prohibited within the 100-foot buffer. Uses within the 100-foot buffer are limited to agriculture, silviculture, and passive uses.

(d)

Variance procedures. The board of county commissioners may authorize variances from the prohibition against construction of structures within the 100-foot buffer required under subsection (c) hereof, upon application for such variance, and upon the applicant meeting all of the criteria contained in this subsection. In granting any variance pursuant to this section, the board of county commissioners may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. In order for the board of county commissioners to authorize a variance from the prohibition against construction of structures within the 100-foot buffer, the application for the variance or other evidence, or both, must show:

(1)

That an application has been submitted including all information in the application form and any additional information reasonably required by the development department director, and including a drawing prepared by a licensed surveyor showing:

a.

Existing boundaries.

b.

Both the centerline and edge of right-of-way of adjoining roads or easements.

c.

All existing structures, and the distance from such structures to:

1.

The property line.

2.

The setback lines required for that zoning district.

d.

The size of the parcel of land for which a variance is requested, in square feet.

e.

The area of impervious surface, such as under roofs or pavement, in square feet.

f.

The specific physical characteristic of the lot or the land which necessitates the variance.

g.

Proposed structures, including their proposed location, dimensions, area and relationship to required setbacks or lot coverage.

h.

The locations of all structures on adjoining parcels of land.

(2)

That, when owing to the special shape, size, or physical features, the prohibition against structures within the 100-foot buffer would result in the preclusion of all reasonable use of the parcel. Preclusion of all reasonable use of the parcel will include, but not be limited to, placement of an inordinate burden on the property owner or applicant.

(3)

That special conditions and circumstances exist which are peculiar to the land or structure which are not usually applicable to other lands or structures that abut wildlife management areas or forests that are designated natural reservation.

(4)

That the variance granted is the minimum variance that will make possible the reasonable use of the land or structure.

(5)

That the grant of the variance will be in harmony with the general intent and purpose of this section, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(6)

That the variance granted will not allow adverse impacts to wetlands or listed species habitat within the 100-foot buffer.

(7)

That the grant of the variance will be consistent with the provisions of the comprehensive plan.

(1991 LDR ch. 53, art. 3; Ord. No. 2008-08, § 2, 4-8-2008)

(a)

Intent and purpose. The purpose and intent of this section is to preserve the scenic beauty of the Suwannee River, Withlacoochee River and Waccasassa River and to assist in the prevention of additional pollution of such rivers. As the county has been afforded a share in some of nature's most beautiful attractions, it is hereby declared to be a proper county purpose to preserve and protect such rivers and their tributaries to the extent of the county's authority. The board of county commissioners will continue to concern itself with the subject matter of this section but does not intend by adopting this section to oppose or support proposals that the Suwannee River be included in federal legislation that would provide for federal regulation.

(b)

Sanitation specifications. Strict adherence to state sanitation specifications on all new construction sites within one-half mile of such rivers is required. The county sanitarian is designated as the principal enforcement officer for the purposes of ensuring compliance with this section.

(1)

Septic tanks are prohibited in the ten-year flood zone, but alternative methods may be used if acceptable to the state and the water management district.

(2)

Septic tanks are permitted in the 100-year floodplain, provided that soil testing on every lot is required and all bleeder lines (drainfields) shall be separated from the seasonally-high water table by a minimum of 24 inches. Elevated drainfields will be required where the seasonally-high water table is located within 24 inches of ground surface. (See figure 53-1 on file with the county clerk.)

(c)

Setbacks.

(1)

Advertising and commercial buildings. New construction of commercial buildings or advertising signs within 50 feet of the generally recognized riverbank of a navigable portion of any of such rivers or their tributaries is prohibited unless written approval is first obtained from the board of county commissioners. Only such construction that is in keeping with the scenic beauty, directly related to the normal and safe use of the rivers and found to be in the best interest of the public, will be permitted.

(2)

Trees and natural growth. No trees or other natural growth shall be cut or removed from within 75 feet of the generally recognized riverbank of a navigable portion of any of such rivers or their tributaries except for limited removal of underbrush and trees necessary for a view of the water and for approved construction. (Note: In the event of a conflict, article VI of this chapter shall prevail.)

(3)

Industry. Future industrial development within the areas referred to in subsections (c)(1) and (c)(2) of this section is prohibited.

(d)

Trash and garbage. The dumping or depositing of trash, garbage or other refuse into such rivers or along the banks thereof is strictly prohibited.

(1991 LDR ch. 53, art. 4)

Except for construction of a single-family dwelling, any development contiguous to a wetland, waters of the state, a wildlife management area or preserve, marine resources or any beach or shoreline shall provide an environmental assessment of the potential environmental impacts of the development upon those ecosystems. The assessment must be prepared by a qualified firm or individual and, at a minimum, must document predevelopment conditions of the ecosystems; describe the cumulative effects of the various development phases, including surrounding development, upon environmental quality; and describe those actions to be taken to protect or improve environmental quality.

(1991 LDR ch. 53, art. 5; Ord. No. 2025-2, § 3, 3-18-2025)

Editor's note— Ord. No. 2025-2, § 5, adopted March 18, 2025, repealed § 50-192. Former § 50-192 pertained to trees and open space and derived from ch. 53, art. 6 of the 1991 LDR.

(a)

Review process. For all new subdivisions and planned unit developments, the review process shall include a request by the county to the state game and fresh water fish commission and the United States Fish and Wildlife Service for an assessment of known or potential impacts upon threatened or endangered species or their habitat.

(b)

Wildlife management area. In the event that threatened or endangered species are identified as provided in subsection (a) of this section, a wildlife management area shall be established, of a size adequate to maintain a viable population of the affected species.

(1)

The size of the habitat area will be established by a wildlife biologist employed by the developer, or as an alternative, by the developer in cooperation with the state game and fresh water fish commission.

(2)

The habitat area may be retained for use as passive open space and an integral part of the development, or it may be conveyed to public or private, nonprofit use. As an incentive to developers, any undeveloped area development rights may be utilized on the remaining portion of the development, at a rate equal to 1.5 times the intensity of use that would have been allowed if the habitat area were not reserved.

(3)

In the event that an acreage adequate to maintain a viable population of the affected species cannot be provided on-site, several options are available as follows:

a.

The developer may, conditional upon approval of the affected state and federal agencies, relocate the affected population to a suitable public habitat off-site which such habitat is inadequately stocked with the affected species; or

b.

The developer may purchase an alternative site which is potentially suitable for the affected species but currently lacking one or more features essential for suitable habitat, create a suitable habitat pursuant to a wildlife management plan approved by the state game and fresh water fish commission, and relocate the affected species at such time as the habitat becomes suitable;

c.

Pay a fee to the state game and fresh water fish commission, at a rate to be established by that agency, for the commission to acquire an alternative site, improve the site and relocate the affected species.

(c)

On-site habitat restoration. Any on-site habitat shall be restored as necessary to provide optimal conditions for species survival.

(1)

Restoration methods shall be pursuant to a wildlife management plan approved by the state game and fresh water fish commission.

(2)

Restoration costs shall be paid by the developer. A bond may be posted if the developer desires to initiate construction prior to the completion of habitat restoration.

(d)

Wildlife management level. Where wildlife habitat is retained as an integral part of the development, the developer shall establish a mechanism that ensures perpetual wildlife management at a level adequate to maintain optimal conditions for species survival.

(e)

Mitigation. Mitigation (replacement) is mandatory for any threatened or endangered species habitat that is unavoidably destroyed or adversely affected by development activities.

(1991 LDR ch. 53, art. 7)

(a)

Sinkholes. Any development proposal of over five acres in size, or any development regardless of size, which in the opinion of the zoning official will be located in an area of known sinkhole formation, will be required to evaluate geologic hazards on-site prior to development.

(b)

Evaluation. An evaluation of geologic hazards shall include:

(1)

The location of sinkholes on aerial photographs and on preliminary plats.

(2)

The location of stream channels, river courses, wetlands and floodprone areas on preliminary plats.

(3)

The location of soils with known limitations for road construction, based upon the county soil survey, on preliminary plats.

(1991 LDR ch. 53, art. 8)

Except for essential public utility services and electric generating facilities, 100 percent of all wetlands shall be preserved in a natural state, except in circumstances where they must be crossed for access purposes. If wetlands are altered or destroyed by crossings, mitigation shall be required at the rate of 1.1 square feet of new wetlands per square foot destroyed. For each acre of preserved wetland, a minimum of one-tenth acre of contiguous upland will be dedicated to permanent open space. The development potential of the preserved uplands may be transferred to other uplands under the same common ownership, with a commensurate reduction in the average lot size. Development in wetlands necessary for essential public utility services and electric generating facilities shall be subject to the uniform mitigation assessment method for wetlands (UMAM) established by the Florida Department of Environmental Protection.

(Ord. No. 2025-2, § 4, 3-18-2025)