10/9/1985 - Laserfiche WebLink

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OCT 9 1985 ,® 62 mE 8 classifications I, II, and 111already exist in the general rules relating to aquatic preserves. Commissioner Bird wished to have further clarification regarding the County use of some of the spoil islands for public recreational purposes. Administrator Wright asked if we would be allowed to go in and clean out the underbrush in Joe Earman Park, for instance, and Chairman Lyons vowed he would fight until his last breath for these last wildlife breeding areas. Commissioner Wodtke asked if these proposed rules for this aquatic preserve stretching from Malabar to Vero Beach are special from the general laws pertaining to all aquatic preserves and whether it is going to be up to the County to enforce these special regulations or is it going to be up to the DNR or the Governor and Cabinet. Mr. Challacombe stated he could answer only part of that question with respect to docks and marinas. Any lease agreement for use of submerged lands would have to be approved by the Governor and Cabinet, such as for a condominium multi -slip marina on the river. A single-family dock would merely require a consent of use permit by the DNR. The management plan recognizes the riparian rights of the shoreline property owners and specifically allows the right of egress and ingress through w single-family docks. Commissioner Bird asked what agencies would be involved and to what extent if the management plan is adopted, and Mr. Challacombe explained that the DNR is going to be in charge of regulating and enforcing this particular plan and already have hired enforcement officers to cite illegal docks in the aquatic Y preserve. He pointed out that the County is going to be required to adopt the management plan dock and policy provisions by July 1, 1986 or it will be impossible for developers to obtain leases through the DNR and a lease is necessary to utilize submerged bottom lands, unless they are owned in fee. However, these would 32