Florida Regulations 62-330.437: General Permit for the Installation of Fences
Current as of: 2024 | Check for updates
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A general permit is granted to install, maintain, or remove a fence in wetlands or other surface waters under all of the following conditions:
(1) The fence shall not be located on state-owned submerged lands or in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting.
(2) Fences installed within navigable waters other than isolated waters that are wholly owned by one private entity shall:
(a) Not adversly affect navigation, block any waterway or channel, or cause a navigational hazard;
(b) Be installed such that all fence posts located waterward of the mean or ordinary high water line rise at least two feet above the mean high water or the ordinary high water elevation and are marked and maintained with reflectors visible from all directions; and
(c) Extend no more than 25 feet waterward into the open water, beyond the shoreline, or riparian areas of emergent wetland vegetation, whichever is more waterward.
(3) The fence shall be constructed of horizontal metal wire attached to posts, which may include occasional perpendicular wires to maintain spacing, but shall not include any chain-link or other mesh components.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History-New 10-3-95, Formerly 62-341.437, Amended 10-1-13, 6-1-18.
(1) The fence shall not be located on state-owned submerged lands or in Outstanding Florida Waters, Aquatic Preserves, Outstanding National Resource Waters, Class II waters, or waters approved, conditionally approved, restricted, or conditionally restricted by the Department of Agriculture and Consumer Services for shellfish harvesting.
(2) Fences installed within navigable waters other than isolated waters that are wholly owned by one private entity shall:
(a) Not adversly affect navigation, block any waterway or channel, or cause a navigational hazard;
(b) Be installed such that all fence posts located waterward of the mean or ordinary high water line rise at least two feet above the mean high water or the ordinary high water elevation and are marked and maintained with reflectors visible from all directions; and
(c) Extend no more than 25 feet waterward into the open water, beyond the shoreline, or riparian areas of emergent wetland vegetation, whichever is more waterward.
(3) The fence shall be constructed of horizontal metal wire attached to posts, which may include occasional perpendicular wires to maintain spacing, but shall not include any chain-link or other mesh components.
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 403.814(1) FS. History-New 10-3-95, Formerly 62-341.437, Amended 10-1-13, 6-1-18.