§ 106.38. Allowable Activities.

The following activities are allowed on submerged lands, mangroves, regulated surface waters, wetlands and wetland buffers, subject to the specified limitations, restrictions and conditions. Persons wishing to make use of this section shall submit a natural resources inventory or comparable administrative notice in order to demonstrate that they qualify and must obtain all necessary federal, state and water management district approvals and a permit from the City prior to initiating any of the following activities in surface waters, wetlands, and buffers:

A.

Bona Fide Aquaculture Activities: Aquaculture operations restricted to submerged lands and surface waters and conducted in accordance with the practices outlined in Best Management Practices for Aquaculture (October, 2002 edition published by the Department of Agriculture and Consumer Services, Article of Aquaculture). No fill or enclosed structures shall be permitted in submerged lands, mangroves, surface waters or undisturbed wetlands.

B.

Accessory Structures: Accessory structures, as defined in Chapter 110, within the shoreline buffer are subject to the following:

1.

Not more than 60 percent of the required buffer along man-made canals, channels, basins and lawfully altered shorelines may be utilized by accessory structures;

2.

All other shorelines shall be limited to a maximum of 30 percent of the required buffer for all accessory structures; and

3.

Only pile supported docks and walkways shall be allowed in submerged lands, mangroves, surface waters and undisturbed wetlands. No fill is permitted in these habitat types.

C.

Water Access Structures: Construction and maintenance of public or private water access structures providing that the requirements of Article 1 "Waterfront Walkways and Docks" and "Water Access Structures" of Chapter 104 are met.

D.

Water Observation Platform and Boardwalks: The installation of a water observation platform or boardwalk provided the requirements of Article 1 "Waterfront Walkways and Docks" of Chapter 104 are met.

E.

Docking Facilities: The installation of a dock provided that the requirements of Article 1 "Waterfront Walkways and Docks" of Chapter 104 are met.

F.

Bulkheads, Seawalls, and Riprap: Bulkheads, seawalls, and riprap may be permitted provided that the requirements of Subsection 106.36H. "Hardened Shorelines" are met.

G.

Navigational Aids: The installation of aids to navigation, including, but not limited to, bridge fender piles, "No Wake" and similar regulatory signs, and buoys associated with such aids, provided that the devices are marked pursuant to Fla. Stat. § 327.40.

H.

Treatment Wetlands: In the case where specific permitted use(s) and associated required modifications are allowed in "treatment wetlands" or in a "wetlands stormwater discharge facility" pursuant to Chapter 62-611 and Rule 62-25.042, Florida Administrative Code, respectively. Failure to comply with operating conditions of such permit(s) shall nullify this exemption.

I.

Connection of Stormwater Facilities: Dredging or filling which is required to connect stormwater management facilities permitted by the South Florida Water Management District or the City of Marathon Department of Public Works to nontidal wetlands, which is integral to a properly permitted project and incidental to the construction of such stormwater management facilities. Plans should indicate where dredging and filling will take place and the issuance of the permit is deemed to allow dredging and filling only as approved on the submitted plan. Incidental dredging or filling shall include:

1.

Headwalls and discharge structures;

2.

Erosion control devices or structures to dissipate energy which are associated with discharge structures;

3.

The connection of ditches dug through the uplands where the dredging or filling for the connection to wetlands extends less than 20 feet in length into the wetland; and

4.

Other dredging or filling which the City Biologist determines will have a similar effect as those activities listed above.

J.

Repair or Replacement: The repair or replacement of existing vehicular bridges, functional piers, mooring piles, boat ramps, or stormwater discharge pipes, at the same location and of the same dimensions and configuration as the original being repaired or replaced, provided that no more dredging or filling is performed than necessary, and no debris from original structures shall be allowed to remain in jurisdictional wetlands.

K.

Emergency Repairs: Emergency repairs consistent with the requirements of Rule 62-312.090, Florida Administrative Code.

L.

Dredging: All dredging activities shall require permitting from FDEP and the ACOE prior to making application to the City of Marathon.

1.

No new dredging shall be permitted in the City except to maintain a consistent water depth within existing navigable channels maintained by the US Coast Guard or for canals that were unevenly dredged as documented in a report from a qualified expert. The removal of a natural or man-made barrier separating a canal or canal system from adjacent waters does not qualify for exemption.

2.

In addition to other Federal, State or City regulations, such dredging is subject to the following conditions:

(a)

Dredging shall be limited to the minimum required to match surrounding depths, not to exceed minus seven (-7) feet MLW.

(b)

During all dredging activities a qualified endangered species monitor will be on station on the dredge at all times to ensure that no sea turtles or marine mammals are harmed by the project.

(c)

Control devices shall be used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during dredging.

(d)

The performance of maintenance dredging of existing man-made ditches, canals, channels, and intake and discharge structures, provided that:

(e)[i]

Area to be dredged is not vegetated with sea grass beds or characterized by hard bottom communities, except for maintenance dredging in public navigation channels;

(f)[ii]

No more dredging is performed than is necessary to restore the canals, channels, and intake and discharge structures to original design specifications, but shall not exceed depths greater than minus seven (-7) feet MLW unless other wise permitted by ACOE and DEP to maintain safe, navigable waters; and

(g)[iii]

Control devices shall be used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging.

M.

Altered Wetlands: In instances where the water regime of a wetland has been artificially altered, but the dominant vegetation of the area in question continues to be comprised of wetland species, a feasibility of hydrologic restoration shall be made by City staff. Hydrologic restoration that can be accomplished by minor earth work or drainage controls, and would not be contrary to the public health, safety, and welfare, shall be viewed as the preferable alternative to the proposed development activity. This provision for exemption is not intended to apply in the case where a surface water and/or wetland has been filled or altered in violation of any rule, regulation, statute, or this Chapter.

N.

Artificial Wetlands: All man-made impoundments, lakes, streams, ponds, artificial or created wetlands, and all stormwater management facilities, provided that development activities in these areas will not adversely impact natural or mitigation surface waters and wetlands. If these facilities were required as a mitigation project they shall not be exempt from this Chapter. If any wetlands or surface waters are part of a stormwater management facility approved by the City, the same function must be provided and any modifications shall be subject to approval by the City.

O.

Fill: No fill shall be permitted in any mangroves, wetlands or submerged lands except as follows:

1.

In conjunction with the construction of bulkheads, seawalls, riprap and boat ramps and elevated, pile designed water access structures that meet all other standards of these regulations;

2.

To fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat basin or swimming pool, providing that the City Biologist determines there will be no significant impact upon marine or wetland communities;

3.

As needed for shoreline stabilization or beach renourishment projects with a valid public purpose that further the goals of the Plan as determined by the City Biologist;

4.

As approved for Disturbed Saltmarsh and Buttonwood Association Wetlands with appropriate mitigation, as established in this Chapter.

5.

[Reserved.]

6.

All such projects shall require approval by the FDEP and ACOE prior to submission to the City.