Florida Regulations 62S-1.450: Designation Process for Private Lands and Waterways
Current as of: 2024 | Check for updates
|
Other versions
(1) Eligible Projects. Private lands and waterways within the state can be designated by the Department as components of the Florida Greenways and Trails System upon compliance with the requirements of this rule. To be eligible for designation as part of the statewide system, private lands or waterways must protect or enhance natural, recreational, cultural or historic resources and must either:
(a) Provide linear open space or a hub or a site, or
(b) Promote connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic sites.
(2) Initiation of Process. The sponsor of a greenways or trails project located or to be located on private lands or waterways may initiate the designation process for the subject property by filing with OGT an “”Application for Designation of Private Lands or Waterways,”” DEP Form #OGT-9, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference. OGT will accept Applications for Designation of Private Lands or Waterways at any time throughout the year.
All forms described in this rule can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, Florida 32399-3000 or through OGT’s website address, www.floridagreenwaysandtrails.com.
(3) Landowner Consent Required. Although the sponsor of the proposed project need not be the owner of the private lands or waterways proposed for designation, the owner(s) must provide OGT with written consent to designation of the subject property as part of the Florida Greenways and Trails System prior to completion of the designation process. Furthermore, if public access is contemplated for any portion of the project, both the owner(s) and the proposed managing entity must provide OGT with written authorization detailing the public access permitted on the project. Accordingly, the project sponsor is strongly encouraged to communicate and collaborate with all potentially affected landowners and land managers throughout the initial and subsequent stages of the designation process.
(4) Submission of Designation Proposal. The Application for Designation of Private Lands or Waterways, which must be submitted to OGT at the address stated in subsection 62S-1.450(2), F.A.C., shall contain the following information:
(a) Identification of the owner(s) of the private lands and waterways proposed for designation and an “”Owner Consent,”” DEP Form #OGT-7, effective July 10, 2003, and hereby incorporated by reference, signed by each record title owner of the property;
(b) Identification of the proposed managing entity for the private lands and waterways proposed for designation, together with a “”Management Certificate,”” DEP Form #OGT-8, effective July 10, 2003, and hereby incorporated by reference, signed by the proposed managing entity;
(c) A general narrative description of the physical, biological, archaeological, cultural and historical characteristics of the lands and waterways within the project;
(d) A summary of the documentary, photographic or other information available to confirm descriptions provided in paragraph (c), above, and a statement indicating whether field verification has been conducted to document any or all of the characteristics described;
(e) An explanation of the manner in which the project will protect and/or enhance natural, recreational, cultural or historic resources;
(f) A description of how the project either:
1. Provides linear open space or a hub or a site, or
2. Promotes connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic site,
(g) Photographs of various sites and features within the project site that show typical landscape characteristics, labeled with location and orientation and cross-referenced to the location map described in the following paragraph; and,
(h) An accurate location map of sufficient scale and detail to clearly delineate all property boundaries in relation to other area greenways or trails, county roadways, major topographic features (such as rivers, lakes and power lines) and local government boundaries (if any). The location map must state the length of trails and total project acreage, and should indicate points of interest or special features. When the project provides for public access to existing or proposed trails, the location map must identify the trail alignment, public access points, trailheads and facilities to accommodate the proposed types of public uses over the extent of the trails.
(5) Evaluation of Designation Proposal. Upon receipt of a completed and signed Application for Designation with all required attachments and documentation, OGT staff will evaluate the designation proposal to verify its compliance with the requirements of this rule. If the Department’s evaluation indicates that the project does not satisfy the designation criteria, it shall so notify the submitting party or parties in writing. If OGT’s evaluation indicates that the requirements of this rule have been met, OGT will coordinate the preparation of a proposed designation agreement for the property.
(6) Preparation of Designation Agreement. At a minimum, a proposed designation agreement shall include or address the following items:
(a) The owner’s statutory right to have the property removed from designation;
(b) Statutory limitations on the owner’s liability and duty of care owed to others with regard to the designated property, the Department’s responsibility to post public notices and information, and indemnification of the owner as described in Florida Statutes § 260.0125;
(c) The term of the designation and the criteria for and manner in which the designation and the agreement can be modified, expanded (to encompass additional adjacent lands or waterways, for example), withdrawn from designation by the owner, or removed from the Florida Greenways and Trails System by the Department;
(d) If applicable incentives or other terms agreed to between OGT, any other unit of government and the owner of the lands and/or waterways to be designated;
(e) Identification of the person(s), agency, governmental entity, corporation, organization or other authority (which may include volunteer-based organizations) that will be responsible for the management, operation and maintenance of the designated property, together with a description of its duties and obligations with respect to the property and a provision that names the party responsible for notifying OGT of any change in the following: property ownership or management; the condition or extent of natural, recreational, cultural or historic resources described in the Application for Designation of Public Lands or Waterways or its attachments; or the expansion or improvement of the project or its amenities and facilities;
(f) Identification of the existing and intended use(s) of the lands or waterways to be designated, the management practices that will be employed on various areas within the project, and how the uses of the area and the management practices are compatible with the natural, recreational, cultural and historic resources of the project. Alternatively, a copy of an existing lease, sublease or other management agreement or plan shall be appended to the designation agreement and incorporated therein by reference;
(g) Provision for the disposition of all temporary and permanent structures or other improvements made to the property by the owner, the Department or others, whether existing at the time of designation or to be constructed or erected later;
(h) The issue of public access to all or part of the lands or waterways to be designated and the regulation thereof, including a description of how impacts will be avoided or minimized in sensitive ecological, archaeological and historic areas; written authorization from the owner(s) and managing entity in the form of a lease or other instrument is required for any designation or grant of public access to any portion of the property;
(i) Development or modification of a greenway or trail use plan for the property which, at a minimum, describes the types and intensities of uses permitted and addresses public safety regulation and enforcement, and the components of which must be compatible with connecting segments of the Florida Greenways and Trails System. Alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;
(j) Identification of the methods and personnel responsible for enforcement of state law within the lands or waterways to be designated. If the owner wishes to enforce additional restrictions on the property, the designation agreement must detail the restrictions and identify the methods and personnel responsible for their enforcement; and,
(k) A legally sufficient statement that the designation agreement will be subordinate to any existing leases, subleases, management plans, licenses, easements or other agreements or encumbrances previously executed and currently in effect for any portion of the lands or waterways proposed for designation.
(7) Public Hearing and Notice. Upon completion of a proposed designation agreement for the private lands or waterways proposed for designation, OGT shall:
(a) Notify the Florida Greenways and Trails Council that the proposed designation will be presented to the Council at its next public meeting;
(b) Provide Council members with a copy of the Application for Designation, Owner Consent, Management Certificate and proposed designation agreement for the project; and,
(c) Publish notice of the Council’s next public meeting in the Florida Administrative Register not less than fourteen (14) days before the meeting; in addition to a statement of the general subject matter to be considered at the meeting, the notice shall include an announcement of the Department’s intent to designate the private lands or waterways as part of the Florida Greenways and Trails System and invite public comment on the Application for Designation.
(8) Council Review and Recommendation. The Florida Greenways and Trails Council shall review each Application for Designation of private lands or waterways as part of the Florida Greenways and Trails System. At the meeting noticed under Fl. Admin. Code R. 62S-1.450(7)(c), OGT staff will present to the Council a verbal summary of the relevant information submitted for each proposed designation project and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties. Following the close of the comment period, the Council shall consider the information submitted and either recommend approval or disapproval of the designation proposal to the Secretary of the Department. The Council’s recommendation must be ratified by a majority of members present and voting at the public meeting; a quorum must be present when the ratification vote is taken. OGT staff shall forward the Council’s recommendation to the Secretary of the Department.
(9) Secretary Approval and Effective Date of Designation. The Secretary of the Department shall consider the recommendation of the Florida Greenways and Trails Council and public comment prior to approving or rejecting an Application for Designation of private lands or waterways as components of the statewide system of greenways and trails. Official designation of the subject property into the Florida Greenways and Trails System shall become effective upon execution of a binding designation agreement by the Secretary of the Department, the owner(s) and managing entity of the private lands or waterways and any other indispensable parties.
(10) Record of Designation. OGT shall maintain an indexed record of all designation agreements executed in connection with the designation of private lands and waterways as portions of the Florida Greenways and Trails System. Designation agreements shall be available for public inspection and copying at reasonable times and upon prior written notice to the Department. The owner(s) of the private lands or waterways thus designated by the Department may record the designation agreement, or a memorandum thereof, in the public records of the county or counties in which the designated lands or waterways are located, at the owner’s expense.
Rulemaking Authority 260.016(1)(c)1. FS. Law Implemented 260.012, 260.013, 260.014, 260.0142, 260.016 FS. History-New 7-11-00, Amended 7-10-03.
Terms Used In Florida Regulations 62S-1.450
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Quorum: The number of legislators that must be present to do business.
(b) Promote connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic sites.
(2) Initiation of Process. The sponsor of a greenways or trails project located or to be located on private lands or waterways may initiate the designation process for the subject property by filing with OGT an “”Application for Designation of Private Lands or Waterways,”” DEP Form #OGT-9, effective July 10, 2003, which is prescribed for use with these rules and is hereby incorporated by reference. OGT will accept Applications for Designation of Private Lands or Waterways at any time throughout the year.
All forms described in this rule can be obtained by writing to the Office of Greenways and Trails, Department of Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795, Tallahassee, Florida 32399-3000 or through OGT’s website address, www.floridagreenwaysandtrails.com.
(3) Landowner Consent Required. Although the sponsor of the proposed project need not be the owner of the private lands or waterways proposed for designation, the owner(s) must provide OGT with written consent to designation of the subject property as part of the Florida Greenways and Trails System prior to completion of the designation process. Furthermore, if public access is contemplated for any portion of the project, both the owner(s) and the proposed managing entity must provide OGT with written authorization detailing the public access permitted on the project. Accordingly, the project sponsor is strongly encouraged to communicate and collaborate with all potentially affected landowners and land managers throughout the initial and subsequent stages of the designation process.
(4) Submission of Designation Proposal. The Application for Designation of Private Lands or Waterways, which must be submitted to OGT at the address stated in subsection 62S-1.450(2), F.A.C., shall contain the following information:
(a) Identification of the owner(s) of the private lands and waterways proposed for designation and an “”Owner Consent,”” DEP Form #OGT-7, effective July 10, 2003, and hereby incorporated by reference, signed by each record title owner of the property;
(b) Identification of the proposed managing entity for the private lands and waterways proposed for designation, together with a “”Management Certificate,”” DEP Form #OGT-8, effective July 10, 2003, and hereby incorporated by reference, signed by the proposed managing entity;
(c) A general narrative description of the physical, biological, archaeological, cultural and historical characteristics of the lands and waterways within the project;
(d) A summary of the documentary, photographic or other information available to confirm descriptions provided in paragraph (c), above, and a statement indicating whether field verification has been conducted to document any or all of the characteristics described;
(e) An explanation of the manner in which the project will protect and/or enhance natural, recreational, cultural or historic resources;
(f) A description of how the project either:
1. Provides linear open space or a hub or a site, or
2. Promotes connectivity between or among conservation lands, communities, parks, other recreational facilities, cultural sites, or historic site,
(g) Photographs of various sites and features within the project site that show typical landscape characteristics, labeled with location and orientation and cross-referenced to the location map described in the following paragraph; and,
(h) An accurate location map of sufficient scale and detail to clearly delineate all property boundaries in relation to other area greenways or trails, county roadways, major topographic features (such as rivers, lakes and power lines) and local government boundaries (if any). The location map must state the length of trails and total project acreage, and should indicate points of interest or special features. When the project provides for public access to existing or proposed trails, the location map must identify the trail alignment, public access points, trailheads and facilities to accommodate the proposed types of public uses over the extent of the trails.
(5) Evaluation of Designation Proposal. Upon receipt of a completed and signed Application for Designation with all required attachments and documentation, OGT staff will evaluate the designation proposal to verify its compliance with the requirements of this rule. If the Department’s evaluation indicates that the project does not satisfy the designation criteria, it shall so notify the submitting party or parties in writing. If OGT’s evaluation indicates that the requirements of this rule have been met, OGT will coordinate the preparation of a proposed designation agreement for the property.
(6) Preparation of Designation Agreement. At a minimum, a proposed designation agreement shall include or address the following items:
(a) The owner’s statutory right to have the property removed from designation;
(b) Statutory limitations on the owner’s liability and duty of care owed to others with regard to the designated property, the Department’s responsibility to post public notices and information, and indemnification of the owner as described in Florida Statutes § 260.0125;
(c) The term of the designation and the criteria for and manner in which the designation and the agreement can be modified, expanded (to encompass additional adjacent lands or waterways, for example), withdrawn from designation by the owner, or removed from the Florida Greenways and Trails System by the Department;
(d) If applicable incentives or other terms agreed to between OGT, any other unit of government and the owner of the lands and/or waterways to be designated;
(e) Identification of the person(s), agency, governmental entity, corporation, organization or other authority (which may include volunteer-based organizations) that will be responsible for the management, operation and maintenance of the designated property, together with a description of its duties and obligations with respect to the property and a provision that names the party responsible for notifying OGT of any change in the following: property ownership or management; the condition or extent of natural, recreational, cultural or historic resources described in the Application for Designation of Public Lands or Waterways or its attachments; or the expansion or improvement of the project or its amenities and facilities;
(f) Identification of the existing and intended use(s) of the lands or waterways to be designated, the management practices that will be employed on various areas within the project, and how the uses of the area and the management practices are compatible with the natural, recreational, cultural and historic resources of the project. Alternatively, a copy of an existing lease, sublease or other management agreement or plan shall be appended to the designation agreement and incorporated therein by reference;
(g) Provision for the disposition of all temporary and permanent structures or other improvements made to the property by the owner, the Department or others, whether existing at the time of designation or to be constructed or erected later;
(h) The issue of public access to all or part of the lands or waterways to be designated and the regulation thereof, including a description of how impacts will be avoided or minimized in sensitive ecological, archaeological and historic areas; written authorization from the owner(s) and managing entity in the form of a lease or other instrument is required for any designation or grant of public access to any portion of the property;
(i) Development or modification of a greenway or trail use plan for the property which, at a minimum, describes the types and intensities of uses permitted and addresses public safety regulation and enforcement, and the components of which must be compatible with connecting segments of the Florida Greenways and Trails System. Alternatively, a copy of an existing lease, sublease or other management agreement or plan can be appended to the designation agreement and incorporated therein by reference;
(j) Identification of the methods and personnel responsible for enforcement of state law within the lands or waterways to be designated. If the owner wishes to enforce additional restrictions on the property, the designation agreement must detail the restrictions and identify the methods and personnel responsible for their enforcement; and,
(k) A legally sufficient statement that the designation agreement will be subordinate to any existing leases, subleases, management plans, licenses, easements or other agreements or encumbrances previously executed and currently in effect for any portion of the lands or waterways proposed for designation.
(7) Public Hearing and Notice. Upon completion of a proposed designation agreement for the private lands or waterways proposed for designation, OGT shall:
(a) Notify the Florida Greenways and Trails Council that the proposed designation will be presented to the Council at its next public meeting;
(b) Provide Council members with a copy of the Application for Designation, Owner Consent, Management Certificate and proposed designation agreement for the project; and,
(c) Publish notice of the Council’s next public meeting in the Florida Administrative Register not less than fourteen (14) days before the meeting; in addition to a statement of the general subject matter to be considered at the meeting, the notice shall include an announcement of the Department’s intent to designate the private lands or waterways as part of the Florida Greenways and Trails System and invite public comment on the Application for Designation.
(8) Council Review and Recommendation. The Florida Greenways and Trails Council shall review each Application for Designation of private lands or waterways as part of the Florida Greenways and Trails System. At the meeting noticed under Fl. Admin. Code R. 62S-1.450(7)(c), OGT staff will present to the Council a verbal summary of the relevant information submitted for each proposed designation project and respond to members’ questions. Thereafter, the Council shall permit oral or written comments by project sponsors, supporters and members of the general public. These comments shall be limited in duration if necessary to ensure equal time for all interested parties. Following the close of the comment period, the Council shall consider the information submitted and either recommend approval or disapproval of the designation proposal to the Secretary of the Department. The Council’s recommendation must be ratified by a majority of members present and voting at the public meeting; a quorum must be present when the ratification vote is taken. OGT staff shall forward the Council’s recommendation to the Secretary of the Department.
(9) Secretary Approval and Effective Date of Designation. The Secretary of the Department shall consider the recommendation of the Florida Greenways and Trails Council and public comment prior to approving or rejecting an Application for Designation of private lands or waterways as components of the statewide system of greenways and trails. Official designation of the subject property into the Florida Greenways and Trails System shall become effective upon execution of a binding designation agreement by the Secretary of the Department, the owner(s) and managing entity of the private lands or waterways and any other indispensable parties.
(10) Record of Designation. OGT shall maintain an indexed record of all designation agreements executed in connection with the designation of private lands and waterways as portions of the Florida Greenways and Trails System. Designation agreements shall be available for public inspection and copying at reasonable times and upon prior written notice to the Department. The owner(s) of the private lands or waterways thus designated by the Department may record the designation agreement, or a memorandum thereof, in the public records of the county or counties in which the designated lands or waterways are located, at the owner’s expense.
Rulemaking Authority 260.016(1)(c)1. FS. Law Implemented 260.012, 260.013, 260.014, 260.0142, 260.016 FS. History-New 7-11-00, Amended 7-10-03.