Ordinance 013-1980
ORDINANCE NO. 13 -1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY REVISING
SECTION 19-111 OF SAID CODE; PROVIDING REGULA-
TIONS FOR LAND AND WATER FILLS, DREDGING, EX-
CAVATION, MINING AND QUARRYING; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
That Section 19-111 of the Code of Ordinances
of the County of Monroe, Florida, be amended so that such
section shall read as follows:
LAND AND WATER FILLS, DREDGING, EX-
CAVATION, MINING AND QUARRYING.
A. DEPOSIT OF FILL.
"Section 19.111
~-
NO PERSON SHALL ENGAGE IN THE DEPOSIT OF FILL
WITHIN THE UNINCORPORATED AREAS OF MONROE COUNTY,
WITHOUT FIRST HAVING OBTAINED A COUNTY PERMIT FOR
SUCH ACTIVITY.
(1) Definitions.
Deposit.
The act of placing, discharging or
spreading any fill material.
Fill.
Any material used or deposited to
change elevation or contour in upland areas, create
dry land from wetlands or marsh in an aquatic area, or
material discharged into a body of water to change
depth or benthic contour.
Mean High Water.
The mark on the shore
established by the average of all high tides, usually
over a period of 18.6 years to allow for various tidal
fluctuations. In the absence of such data, less pre-
Clse methods to determine mean high water may be used,
such as physical markings, or vegetative or zootic
indicators.
Uplands.
Land areas upon which the dominant
vegetative communities are other than species which
require saturated soil for growth and propagation.
Page 1 of 6 Pages
.3.3..3
Wetlands.
Marshes and shallow areas which
may periodically be inundated by tidal waters and which
are normally characterized by the prevalence of salt
and brackish water vegetation capable of growth and
reproduction in saturated soil, including but not
limited to the following species:
BATIS
BLACK MANGROVE
CORD GRASS
BUTTONWOOD
GLASSWORT
KEY GRASS
RED MANGROVE
SEA DAISY
SEA PURSLANE
WHITE MANGROVE
Batis maritima
Avicennia germinans
Spartina sp.
Conocarpus erectus
Salicornia sp.
Monathocloe littoris
Rhizophora mangle
Borrichia sp.
Sesuvium portulascastrum
Languncularia racemosa
(2) Permit Applications - Generally.
All permit applications shall be submitted
to and be processed by the Monroe County Building
Department or such other department as designated by
the County Administrator. Permits for upland and
wetland areas shall be approved or denied by County
personnel as designated by the County Administrator.
Permits for tidal areas shall be approved by the
Monroe County Commission.
(3) Upland Permit Application.
In reviewing all applications for a permit
in upland areas, consideration will be given to the
nature of indigenous vegetation, and protection of
same as defined in Chapter 18 of the Monroe County
Code, which set standards for the removal of endangered
and protected vegetative species, and to drainage
patterns and the possible effects the deposit of fill
would have upon water and storm runoff.
Minimal deposits of fill in upland areas
only, which are not greater than 25 cubic yards in total
volume, and which do not occur more than once on the
same piece of property every six (6) months, are
Page 2 of 6 Pages
~~
exempt from a fill permit; however, a permit may be
necessary for vegetation removal as set forth in
Chapter 18 of the Monroe County Code.
(4) Wetland Permit Application.
In reviewing all applications for a permit
ln wetland areas, consideration will be given to:
the natural biological functions, including, food chain
production, general habitat, nesting, spawning, rearing,
and resting sites for aquatic or terrestrial species;
the physical aspects of natural drainage, salinity and
sedimentation patterns, physical protection provided
by wetland vegetation from storm and wave action.
The proposal wIll also be reviewed in conjunction with
Chapter 4 of the Monroe County Code, which provides
for the protection of wetland vegetative communities
within Monroe County.
(5) Tidal Permit Application.
In reviewing all applications for a permit
ln tidally inundated areas, otherwise defined or known
as areas below the mean high water line, consideration
will be given to determine whether action would be
contrary to public interest, interfere with lawful
rights granted riparian owners, be or result in hazard
to navigation, prohibit access to navigable waters,
interfere with the conservation of marine and wildlife
or other natural resources such as: shoreline vegeta-
tion, diversified or productive benthic communities,
feeding, and spawning areas of marine biota to such an
extent as to be contrary to the public interest.
When reviewing said application, the Board
of County Commissioners shall consider all comments
and reports of County staff and consider such other
data as is necessary to assure compliance herewith
including but not limtied to any data furnished by
State or Federal agencies ln making its decision.
Page 3 of 6 Pages
3.:35
B. EXCAVATION AND MINING ACTIVITIES.
NO PERSON SHALL ENGAGE IN THE EXCAVATION OF LAND,
REMOVAL OF EARTH, AND NO MINING OPERATIONS SHALL BE
UNDERTAKEN WITHIN THE UNINCORPORATED AREAS OF MONROE
COUNTY, WITHOUT FIRST HAVING OBTAINED A COUNTY PERMIT
FOR SUCH ACTIVITIES.
(1) Applications - Generally.
Applications for excavation and/or mining
activities shall be submitted to the Monroe County
Building Department or such other department as desig-
nated by the County Administrator. Final approval
shall be in accordance with the requirements set forth
hereinafter.
(2) Upland Permit Application.
Applications for a permit to excavate within
upland areas, as defined above, with a proposed volume
greater than 1,000 cubic yards shall be approved or
denied by the Board of County Commissioners. Excavation
of 1,000 cubic yards or less within an upland area
shall be approved or denied by appropriate County staff
as designated by the County Administrator. Considera-
tion will be given to the County staff's comments and
reports which will account for the effects to the
natural biological functions and communities within
the proposed site, and to the physical aspects of
drainage and water quality within the proposed area of
excavation.
(3) Mining Permit Application.
Applications for a permit to conduct mining
operations within Monroe County shall adhere to the
following:
(a) No excavation is allowed greater than
sixty (60) feet in depth from mean sea level.
(b) A topographic map of the area, signed
by a registered professional engineer or land surveyor
shall be submitted.
Rage 4 of 6 Pages
3.31.:.
(c) Sufficient core borings to the desired
depth in order to determine the advisability of such
proposal, performed and documented by a registered
professional engineer, shall be submitted.
(d) The proposal must include provisions
for the protection of the public, including children,
from accidental injury, or death, due to such opera-
tion.
(4) All Other Permit Applications.
Applications for a permit for excavations
within bodies of water or extending areas of navigable
waters, in which the proposed excavation is greater
than 100 cubic yards in volume, will be enacted upon
by the Board of County Commissioners. Applications
for a permit for 100 cubic yards or less shall be
approved or denied by appropriate County staff as
designated by the County Administrator, after con-
sideration is given to the assessment of such proposal
by the environmental biologist. Aspects of public
interest, including water circulation and movement,
disruption of marine and wildlife communities, poten-
tial adverse effects to water quality, the inhibition
of photosynthetic processes, and compounding adverse
effects, will be considered.
.....
. ...
.. .. "
Proposals of this nature include, but are
not limited to the excavations of: boat slips and
basins, canals and channels, and harbor facilities.
Proposals for maintenance dredging to the original
depth and contour, which are greater than 100 cubic
yards, are exempt from action by the Board of County
Commissioners, but do require a permit.
Section 2.
That all ordinances or parts of ordinances
in conflict with this ordinance are hereby repealed.
Page 5 of 6 Pages
331
Section 3.
This ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State
acknowledging receipt of certified copy of this ordinance and
that said ordinance has been filed in said office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, ~ORIDA
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By
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(Seal)
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ADOPTED:
August 12, 1980
FILED WITH DEPARTMENT OF STATE:
August 20, 1980
EFFECTIVE:
August 25, 1980
APPROVED AS TO FORM
AND LI~ SUFFICIENCY.
Sy
~.Ottke
Page 6 of 6 Pages
~38
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 12, 1980 at 5:30 P.M., in the Marathon Sub-
Courthouse, Marathon, Monroe County, Florida, the Board of
County Commissioners of Monroe County, ~lorida, intends to
consider adoption of the following County Ordinance:
ORDINANCE NO.
- 1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY REVISING
SECTION 19-111 OF SAID CODE; PROVIDING REGULA-
TIONS FOR LAND AND WATER FILLS, DREDGING, EX-
CAVATION, MINING AND QUARRYING; PROVIDING AN
EFFECTIVE DATE.
DATED at Key West, Florida, this 8th day of July,
1980.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Publish: Thursday, July 17, 1980
Please mail statement to:
Board of County Commissioners
of Monroe County, Florida
Post Office Box 1680
Key West, Florida 33040
Please mail proof of
publication to:
Michael H. Cates, Esq.
County Attorney
505 Whitehead Street
Key West, Florida 33040
33~
.
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared William J, Martin , who on oath, says
that he is Publisher of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Notice of Intention to Consider
IN THE MATTER OF Adoption of County Ordinance in the
Court, was published in said
newspaper in the issues of July 17, 1980
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Tuesday,August 12,1980 at 5:30 P.M.,
in the Marathon Sub-Courthouse,Mar-
athon, Monroe County, Florida, the
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one `Board of County Commissioners of
Monroe County, Florida, Intends to
consider
County Ordinance:n of the following
year next preceding the first publication of the attached copy of advertisement; and affiant further ORDINANCE NO. —1980
AN ORDINANCE OF THE COUNTY
OF MONROE,FLORIDA,PROVIDING
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, corn- THAT THE CODE OF ORDINANCES,.
COUNTY OF MONROE, FLORIDA,
BE AMENDED BY REVISING SEC-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. TION 19-111 OF SAID CODE;PROVID-
ING REGULATIONS FOR LAND AND
WATER FILLS, DREDGING, EX-
- CAVATION,MINING AND QUARRY-
ING; PROVIDING AN EFFECTIVE
DATE.
•/// DATED at Key West,Florida,this 8th •
/�a7_.- - •�,- ; L 27 J day of July,1980.
�_� �-�.�;t „/� .(vz= RALPH W.WHITE:
($EAL) Clerk of the Circuit Court of
iMonroe County,Florida,and
_ _ ex officio Clerk of the Board
/ of County Commissioners of
orida
SWORN-TO AND SUBSCRIBED BEFORE ME THIS' /% i Monroe 17,198,Flrsof
Publish.Thursday,July 17,1980
Florida Keys Keynoter
DAY OFso.ri�� A.D. 19 �G
to E.,-cp
�
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"
NOTARY PU°'-10 STi,,TE CF FLC.
�,f7 LARGE CM
IJIY COiv19:3S!G :?!::_3 _r; '21, 1
o J U L 1980
3LiD
MOW
PROOF OF PUBLICATION
J1P 3Kri I;I. m t (llttizrtt
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
Before the undersigned authority personally appeared
, who on oath says that he is
AOvextJ-,sing, P'TPDPZPx , of the Key West Citizen, a
daily newspaper published at Key West in Monroe County, Florida;
that the attached copy of advertisement, being a, tiotice To Consider
Adoption of County Ordinance
in the matter of
NOTiCE CF INrE.NT+'*h
TD m1s111E R ADOPt,JN
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
THAT ON Tuesday, August 12,
• 1980 at 5.30 p.m.,in the Marathon
Sub-Courthouse, Marathon,
Monroe County, Florida, the
Board of County Commissioners of
Monroe County, Florida, intends
to consider adoption of the
following County Ordinance:
ORDINANCE NO. •1980
AN ORDINANCE OF THE
COUNTY OF MONROE,
FLORIDA, PROVIDING THAT
THE CODE OF ORDINANCES,
COUNTY ' OF MONROE,
FLORIDA, BE AMENDED BY
REVISII1G SECTION 19-111 OF'
SAID CODE. PROVIDING
es<=vv l.ATis'NS A40
WAici " !I.S. OREOGINE,,
E.XCAVAT'ON, MINING AND
QUARRYING. PROVIDING AN
EFFECTIVE DATE.
DATED at Key West, Florida,
this 8th day of July, 1980.
was published in said newsp RALPHW.WHITE S Of July 17, 19"0
Clerk of the Circuit
Court of Monroe County,
Florida,and ex officio Clerk
of the Board of
County Commissioners of
Monroe County,Florida
Affiant further says t July 17, 1980 Key West Citizen is a
newspaper published at Key West, in said Monroe county, Florida,
and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each day (except
Saturdays) and has been entered as second class mail matter at the
post office in Key West, in said Monroe • County, Florida, for a
period of one year next preceeding the first publication of the
attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
-wa i�A Al IARC,E •
NUTARY P''IEIE li ,.
f.XPl itFs 1111.Y I01983
comsIs510N
OOOOOO
SOr+UEU i 1 Ll Ei�EKA. ,r�� ;JND
(SEAL)
Sworn to an subscribed before me this
day of :: • . ,A.D. 1980
fI
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GEORGE FIRESTO~E
~~!"rda1l! o-f ~tat~
STATE OF FLORIDA
TH E CAPITOL
TALLAHASSEE 32304
(904) 488-3680
SECRETARY OF STATE
August 25, 1980
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key west, Florida 33040
Attention: virginia M. Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
,"",
........{.
Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
August 20, 1980
Monroe
(~~nd 80-14 Emergency
")
,-.
Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered.
(b)
which we have numbered.
~" We have filed ~R~s/these ordinance/s in this office
Auqust 25, 1980.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially,
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
NK/ mb
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