§ 36-88. [Mangrove maintenance.]

(a)

Property owner's responsibility. All property owners shall maintain and trim mangroves and other native vegetation on their properties so as to prevent the vegetation from impeding the navigability of the waterway.

(1)

The requirements of this Section shall only apply to property owners whose property exists on a manmade canal, with two approximately parallel shorelines, both of which have residential or commercial development on them.

(2)

For purposes of this Section, navigation will be impeded if vegetation growing from any canal shoreline extends a distance greater than ten (10) feet waterward from mean high or 20 percent of the canal width, whichever is the lesser distance.

(b)

Permits required. Mangrove or other native vegetation trimming and removal requires a permit from the Florida Department of Environmental Protection for mangroves and/or the City of Marathon for other vegetation.

(c)

Standards for trimming. Mangrove trimming shall be performed in accordance with Fla. Stat. §§ 403.9321—403.9334.

(d)

Supervision. Unless otherwise exempt from permitting, all mangrove or other native vegetation trimming or removal shall be directly supervised by a person certified by Florida DEP or as indentified in Chapter 106.07(F), City of Marathon Land Development Regulations.

(e)

Applicable law. It is the property owner's responsibility to ensure compliance with all State and local laws governing the removal and maintenance of vegetation.

(Ord. No. 2008-13, § 2, 7-8-2008)