03/19/1997 INTERGOVERNMENTAL AGREEMENT TO SET INTERIM STANDARDS FOR
MARINE/TERRESTRIAL ACCESS IN MONROE COUNTY
RECITALS:
A. WHEREAS, Monroe County and the Florida Department of Community 'fairs
( "DCA ") desire to enter into an agreement to set interim standards for marine /terrestrial a
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Monroe County, specifically to Sections 9.5 -286, 288, and 345(m) of the Monroe County Code;
and
B. WHEREAS, pursuant to Florida Statutes, §380.032, the DCA has authority to
enter into agreements with any landowner, developer, or governmental agency as may be
necessary to effectuate the intent and purposes of Chapter 380, Florida Statutes, and the rules and
regulations promulgated thereunder, including the Monroe County Comprehensive Plan and
Land Development Regulations; and
C. WHEREAS, pursuant to Florida Statutes Chapters 125 and 380, Monroe County,
a political subdivision of the State of Florida, has authority to enter into agreements with other
governmental agencies; and
D. WHEREAS, DCA finds that this agreement is in the best interests of the State and
is necessary to effectuate the intent and purposes of Chapter 380, Florida Statutes; and
E. WHEREAS, Monroe County finds that this agreement is in the best interests of
the County and is necessary to regulate access between land and water, provide secure boat
storage, protect marine and shoreline life, assure good water quality, provide an appearance
consistent with community character, protect over water views, and avoid adverse impacts on
navigation;
F. WHEREAS, both parties agree that the interim standards contained herein are to
be applied with the intent to develop final standards upon appropriate review;
NOW, THEREFORE, THE PARTIES IDENTIFIED BELOW HAVE AGREED to
adopt the following interim standards to Sections 9.5 -286, 288, and 345(m) of the Monroe
County Land Development Regulations:
J.NTERIM STANDARDS TO SECTIONS 9.5- 286.288. & 345(m)
9.5 -4. Definitions. Add the following definition:
"Water observation platform means a structure built and used exclusively to view the water and
by its design may not be used as a dock.
9.5 -286:
(1) The purpose of this section is to allow for access between the land and water, provide
secure boat storage, protect marine and shoreline life, assure good water quality, provide an
appearance consistent with community character, protect over water views, and avoid adverse
impacts on navigation.
(2) All development shall be set back 20 feet along lawfully altered shorelines and 50 feet
from unaltered and unlawfully altered shorelines, as measured from the mean high water line or
the landward extent of the mangroves, whichever is further landward. For manmade canals,
channels and basins the 20 foot setback shall be measured from mean high water line. An
exception to this requirement shall be allowed only for utility pilings, fences, boat ramps, docks,
non - enclosed gazebos, and walkways. All development within the shoreline setback area shall
comply with the environmental design criteria in Section 9.5 -345 and the following design
criteria:
(a) Walkways and accessways landward of mean high water serving commercial
uses, public uses, or more then three dwelling units shall not exceed eight feet in width
and shall generally be perpendicular to the shoreline. Walkways and accessways serving
all other uses shall not exceed five feet in width and shall be perpendicular to the
shoreline.
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(b) For every lot, one hundred (100) square feet of the shoreline setback may be
utilized for decks or non- enclosed gazebos provided that the structure is setback at least
ten feet from mean high water, no land clearing of native plant species is involved, and
drainage is adequately addressed. An additional one square foot shall be allowed for
every linear foot of shoreline frontage in excess of 100 feet.
(c) Boat ramps:
(1) All boat ramps shall be located and designed so as not to create a
nonconformity of other structures setback from the new mean high water line.
(2) Public boat ramps shall be confined to an existing cleared area and shall be
located and designed so as not to create a nonconformity.
(3) Private boat ramps shall only be located on scarified shorelines of
manmade canals, channels, and basins.
(4) The width of boat ramps, including side slopes, shall be limited to fifteen
(15) feet except that commercial ramps, those serving more than three (3)
dwelling units, and ramps operated by state agencies, Monroe County, or other
public ramps available to the general public may be 35 feet.
(5) There shall be no filling of wetlands or other surface waters, other than the
actual boat ramp surface, incidental filling associated with recontouring the land
under the ramp to create a smooth grade, and pilings for associated accessory
docks;
(6) The above -water portion of the ramp shall be landward of the original
mean high water line.
(7) Dredging shall be limited to that amount of material necessary to construct
the boat ramp surface or restore the ramp to its original configuration and
dimension, and the amount of dredged material shall be less than 100 cubic yards.
(8) All spoil material shall be deposited in an upland spoil site, which shall be
designed and located to prevent the escape of spoil material into wetlands or other
surface waters.
(9) A maximum of two accessory docks, abutting either one or both sides of
the boat ramp shall be authorized.
(10) There shall be no dredging, or filling of submerged grassbeds or hard
bottom communities.
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(11) No part of the accessory docks shall be located over submerged grassbeds
or hard bottom communities.
(d) Docks Landward of MHW:
(1) All docks shall meet the water depth requirements of Section 9.5 -345.
(2) Whenever possible, all docks with boat lifts, davits or similar mechanisms
should be provided with a reliable system such as cleats or sunken rings to tie
down the boat when the boat is out of the water. This is intended to prevent
damage during windy situations.
(3) On shorelines with uplands landward of a seawall or revetment, or with a
vertical, saw cut edge a dock may run along the entire shoreline provided that:
i. Docks serving commercial uses, public uses, or more than three
dwelling units shall not exceed ten (10) feet in width.
ii. All other docks shall not exceed eight (8) feet in width.
iii. A wooden deck or other improved surface between boat
davits will be allowed for every 100 feet of shoreline or one per lot.
Such decks shall not exceed thirty (30) feet in length and thirteen
(13) feet in width.
iv. Such docks are designed such that storm water runoff or a pollutant
spill is contained onsite consistent with the storm water management
standards of this chapter.
(4) If there is no alternative to placing a dock of at least 20 feet on an upland
location or already cleared area, then a dock may be placed on shorelines with
wetlands or a wetland fringe landward of MHW provided such a dock is built to
the standards i to iv listed above in paragraph 3 and that no fill is placed in the
wetlands.
(5) On shorelines with a mangrove fringe. If there is no alternative to placing
a dock of at least 20 feet on an upland location or already cleared area, a dock
may be built to the above standards provided that:
i. The mangrove fringe will not be removed. For purposes of this
provision, removal shall mean the trimming of branches or trunks with a
diameter of one inch at the point of cut.
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ii. If a mangrove fringe will be removed, the dock may not extend
more then 20 feet along the shoreline for each lot. Additional such 20 foot
docks will be allowed for every 250 feet of shoreline provided they are
separated by at least 100 feet from the first dock.
iii. All docks must comply with the standards in Section 9.5 -345.
(e) Docks seaward, or extending seaward of MHW shall be governed by the
provisions of Section 9.5 -345. In addition, whenever possible, all docks
with boat lifts, davits or similar mechanisms should be provided with a
reliable system to tie down the boat when the boat is out of the water.
This is intended to prevent damage during windy situations.
(f) Special Approvals:
(1) For unique circumstances due to odd shaped lots or shorelines
involving three or fewer dwelling units, the Monroe County Biologist may
approve designs that address unique circumstances even if such designs
are inconsistent with the above standards. Such approvals may be granted
upon a written finding that the approval furthers the purpose of this
section, furthers the goals of the Monroe County Comprehensive Plan, and
that the designs are the minimum deviation from the above standards
necessary to address the unique circumstances.
(2) All structures lawfully existing in the shoreline setback, along
manmade canals, channels, or basins, and serving three or fewer dwelling
units, may be rebuilt in the same footprint provided there will be no
adverse impact on storm water runoff or navigation.
(3) Notwithstanding subsections (1) and (2) above, no development other than pile
supported docks and walkways designed to minimize adverse impacts on marine turtles, terns,
gulls or other birds shall be located within fifty (50) feet of any shoreline area which may serve
as a nesting area for marine turtles, terns, gulls or other birds.
(4) Notwithstanding the above subsections, a minimum vegetated setback of fifty (50) feet
shall be maintained as an open space buffer adjacent to all types of wetlands, including
mangroves.
(a) If a fifty (50) foot setback results in less than 2,000 square feet of buildable area,
then the setback may be reduced to the minimum necessary to allow for 2,000 square feet
of buildable area; however, in no event shall the setback be less than 20 feet.
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(b) No structures shall be permitted within the wetland setback other than utility
pilings and pile- supported docks and walkways.
(c) The setback required by this subsection does not apply to mangrove or wetland
fringes occurring along man-made canals, channels, or basins.
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Revise Section 9.5 -288 as follows:
(1) Bulkheads, seawalls, rip -rap and fences may be allowed as principal uses where it is
demonstrated that their purpose is for erosion control or upland protection and provided that they
comply with each and every other requirement of this code.
(2) Vertical seawalls or bulkheads shall be permitted only to stabilize disturbed shorelines or
to replace deteriorated seawalls and bulkheads. No new bulkheads, seawalls, or other hardened
vertical structures shall be permitted on open water. Whenever feasible, rip -rap, bulkheads and
seawalls should be placed landward of existing mangroves. Native vegetation and aquatic
communities shall be preserved to the maximum extent possible.
(3) Seawalls and other vertical bulkheads shall only be used if native vegetation and/or rip -
rap and filter cloth is not a feasible means to control erosion.
(4) Any attachments to seawalls or bulkheads such as davits, cleats, and platforms, or any
other elements that constitute docking facilities shall not be allowed except as accessory to a
principal use. Any such structures that incorporated a docking facility shall be subject to the
dock siting criteria set forth in Section 9.5 -345.
(5) Whenever feasible, rip -rap shall be placed at the toe of solid seawalls to break up wave
action and provide substrate for marine organisms.
(6) No seawalls, rip -rap, bulkheads, or other shoreline hardening structures or fences shall be
permitted on any shoreline area which may serve as a nesting area for marine turtles, terns, gulls
or other birds.
(7) On vegetated, canal shorelines, rip -rap must be hand- placed to avoid substantial
destruction of emergent and submergent vegetation so as not to disrupt it. The rip -rap used will
be no less than 12 inches in diameter and not to exceed 1 cubic yard per running foot unless the
County Biologist makes a finding that such size and amount will not be sufficient to stabilize the
shoreline.
(8) Seawalls may have a cap of up to two (2) feet in width without being considered a dock.
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9.5 -345 (m)
(1) Only docks, walkways, water observation platforms, and utility pilings shall be permitted
on submerged lands and mangroves.
(2) All structures on any submerged lands and mangroves shall be designed, located and
constructed such that:
(a) All structures shall be constructed on pilings or other supports.
(b) The length of structures shall be limited as follows except pursuant to a variance:
(1) The maximum length perpendicular to the shoreline shall be
commensurate with the shoreline width of the land parcel at which the structure is
located (at a ratio of two feet of structure length to one foot of shoreline length)
subject to a maximum length of 100 feet from the mean low water line.
(2) The length shall not exceed ten (10) percent of the width of the water body
as measured across the water body from the proposed location of placement and
from the point of mean low water to the opposing point of mean low water.
(3) A variance may be jointly granted by the Directors of Planning and
Environmental Resources to allow the minimum relaxation of the above
restrictions, regarding length, which is necessary to provide the upland owner
reasonable access to adjacent waters for recreational use. Variances will only be
granted in consideration of, among other criteria, that such structures not be
inconsistent with community character, not interfere with public recreational uses
in or on adjacent waters, and pose no navigational or safety hazard. Shoreline
property owners within 300 feet of the subject parcel will be notified of the
proposed variance 30 working days in advance of a permit for the variance in
order to allow an opportunity for appeal.
(c) Sea grass impacts: Docking facilities shall not terminate on submerged land with
sea grasses or hard bottom communities, regardless of water depth, except as may be
permitted by the Florida Department of Environmental Protection. No structure shall be
located on submerged land which is vegetated with sea grasses or hard bottom
communities except for;
(1) as is necessary to reach waters at least four (4) feet below mean low water
for docking facilities, or
(2) water observation platforms.
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(d) Mangrove shoreline impacts: Structures shall not be permitted which cover or
remove a mangrove fringe, as determined by the Director of Environmental Resources,
except as specified below:
(1) Where a mangrove fringe exists along the shoreline, then a structure
perpendicular to the shoreline (such as a T -dock) shall be the only design
permitted and:
(i) Construction of structures in such locations shall be undertaken so
as to ensure the survival of the mangrove fringe in healthy condition.
(ii) In manmade canals, channels, or basins the portion of the dock
parallel to the shoreline may run along the entire shoreline frontage of the
property. On all other shorelines, the dock shall be consistent with the
terminal platform standards.
(iii) The portion of the structure connecting to the shoreline shall not
exceed 4 feet in width. One such connection will be allowed for every 100
feet of shoreline or fraction thereof (for example: 40 feet of shoreline may
have one connection, 100 feet may have one connection, 101 feet may
have 2 connections). The "T" portion that is parallel to the shoreline and
does not remove mangroves may run parallel to the shoreline for the entire
length of the property provided the "T" does not impede navigation (as in
paragraph 2(b) above) or exceed five (5) feet in width.
(2) Where a mangrove fringe exists along the shoreline and a dock
perpendicular to the shoreline would preclude lawful navigation (as in paragraph
2(b) above), then a parallel dock may be permitted along the shoreline provided
that:
(i) The dock does not exceed 20 feet in length along the shoreline.
(ii) The dock does not exceed five feet in width.
(iii) The dock utilizes an existing cleared area along the shoreline
before encroaching into vegetated areas.
(iv) One such 20 foot dock will be allowed per lot or for every 250 feet
of shoreline provided they are separated by at least 100 feet from the next
dock.
(3) The following specific types of structures on any submerged lands and mangroves shall
be designed, located and constructed as specified below:
(a) Water observation platforms beyond mean high water,
(1) shall have a surrounding water depth that is no greater than 6 inches at
mean low water,
(2) shall be elevated a minimum of five feet above mean high water,
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(3) shall not extend further than 10 feet from mean high water or the
waterward extent of mangroves,
(4) shall not exceed a total of 160 square feet, and
(5) shall have handrails provided on all sides.
(b) Docks:
(1) For purposes of this subsection, "open water" means the portion of the
Straits of Florida, Florida Bay, the Gulf of Mexico, or the Atlantic Ocean which
consists of an uninterrupted expanse of water deeper than four (4) feet at mean
low water; and "continuous access" means a natural passage or an existing
manmade channel no shallower than four (4) feet at mean low water and no
narrower than twenty (20) feet. A docking facility shall meet at least one of the
following conditions:
(i) Docking facilities may be developed on any shoreline if there is a
mean low water depth of at least minus four (4) feet at the terminal end of
the docking facility, and continuous access to open water; or
(ii) Docking facilities may be developed on the shoreline of lots in a
recorded subdivision if the docking facility is located in a channel or basin
that connects five (5) or more contiguous lots which was dredged before
1986, and if there is a mean low water depth of at least minus four (4) feet
at the terminal end of the docking facility.
(2) Terminal platforms and similar structures for offshore docks. Any dock
not located in a manmade canal, channel, basin, or other confined water body may
have a terminal platform or similar structure subject to the following standards;
(i) A terminal platform may not be wider than 8 feet at any point, and
shall not exceed a total of 160 square feet.
(4) No fill shall be permitted in any natural water body.
(5) No fill shall be permitted in any manmade water body unless the applicant demonstrates
that the activity will not have a significant adverse impact on natural marine
communities.
(6) All development other than single - family detached units shall make adequate provision
for a water quality monitoring program for a period of five (5) years after the completion
of the development.
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(7) The provisions of ordinance 003 -1994 regarding mangrove trimming shall be deleted due
to the current regulatory activity of the DEP.
Additional Provisions
1. Entire Agreement: Amendments. This document contains the entire and exclusive
understanding and agreement of the parties and may not be modified except by an instrument in •
writing signed by all of the parties hereto.
2. Construction/Interpretation of Interim Standards. The interim standards contained
in this agreement are to be strictly construed. Any regulatory action taken upon an interpretation
that may go beyond the plain language and intent of the interim standards shall be made only
after consultation between the parties to this agreement.
2. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties, their heirs, employees, agents, successors and assigns forever.
3. Scope of Authority. This Agreement affects the rights and obligations of the
parties under provisions of Chapter 380, Florida Statutes, relating to areas of critical state
concern. It is not intended to determine or influence the authority or decisions of any other state
or federal government of agency in the issuance of any other permit or approval which might be
requited by law for any development allowed by this agreement.
4. Date of Agreement. The date of this agreement is the date the last party signs this
agreement.
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IN WITNESS WHEREOF, the parties, by their duly authorized undersigned
representatives have executed this Agreement on the dates and year below written.
SIGNATURES
MONROE COUNTY, a political subdivision of
the State of Florida
BY: .+L. %%
Krth b ouglass,��or
Witness:
Print Name: Date: 03-/9- 9 7
1
Witness: :' '`
` ' ``� ' l' OM 1�1. DANNY L KawAGE
Print Name: � , e
�` . /j DEHlT1fCLFRK
_ +,.
STATE OF FLORIDA
COUNTY OF
1 The foregoing instrument was acknowledged before me this I day ofA,64,L.
199,11, by Keith Douglass as Mayor of Monroe County, Florida, who is personally known to me
and who did not take an oath.
0173;3. \ � � Y Comrn Exp. RI JTI1 ANN JANTZEN Notary Publi
F`, ?f�TAR
M 12/30/99
' PUBLIC a 13oncicd 13y Service Ins
/ No. CC506335
, PomonaCC50 ()01YrI.D Name (typed, printed, or stamped)
Serial number
My commission expires:
itrePtocdtAe 7 4194
'Air 11 .
FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS
BY: �..« /114 I ..�...
James M. 0 ley, Secretary
Wit - ss• ". /At/,t
Print Name: /4// 'AZ ( 0 X Date: 11 S J q7
Witness: Al �. L AEA , ; / - ��r�
Print Name: 5/1/i21/ i4( .40-)
[SEAL]
STATE OF FLO') IiA
COUNTY OF i. # •
e1 The foregoing instrument was acknowledged before me this J day of 7 1p4
199 by James M. Murley, as Secretary of the Florida Department of Community Affairs, who
is personally known to me and who did not take an oath.
2,e /L
Notary Public /
L—a. a s-rr, lith l . th 4---v)
Name (typed, printed, or stamped)
A CC 3 610/S
Serial number
My commission expires: 'l/ Z t
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