§ 4.01.16. River Protection

This section of the Land Development Code contains regulations which provide for the protection of river resources and shall be known as the River Corridor Policy Overlay of the Land Development Code. Unless specified otherwise, these regulations apply to the Hillsborough River, the Alafia River, the Palm River and the Little Manatee River. The code language intends to maintain or improve the quality of water in its rivers where water quality does not meet or exceed state water quality standards for its designated use, preserve natural shorelines and reverse the trend toward hardened shores and channelization, enforce shoreline construction controls as provided by the Tampa Port Authority and state statute to address shoreline conservation, control boat traffic, reduce the nuisances associated with boat traffic, and improve compliance with water safety laws, follow established standards for development in the river corridors, preserve, enhance and restore wildlife habitats and archaeological resources, and minimize urban encroachment along the rivers by encouraging the establishment of a "green" river corridor through protection of the river banks and associated native vegetation. The regulations shall maintain water quality, and improve water quality where it does not meet or exceed State water quality standards for its designated use, thereby protecting and improving habitat for marine life, protect terrestrial and marine wildlife and their habitats, preserve and restore natural vegetation, and wildlife habitats and preserve archaeological resources, preserve the natural shoreline and prevent further channelization, recognize and maintain this unique water resource which provides economic and recreational opportunities as well as vital wildlife habitat, support maintaining and improving water quality in each appropriate water classification found in the rivers, or improving water quality where it does not meet or exceed state water quality standards for its designated use, minimize urban encroachment upon the river bank by encouraging the establishment of a "green" river corridor. River corridor preservation can best be achieved through protection of the natural shoreline, and associated wetlands and uplands and to preserve wildlife habitats and archaeological resources. These regulations apply along rivers and primary tributaries.

A.

Protection of the Shoreline

1.

Shoreline Monitoring and Protection. County staff, in the course of their regular duties, shall monitor riverine shoreline conditions. Illegal and unsafe conditions observed shall be reported to enforcement agencies. Examples include unsafe structures such as derelict docks, non-permitted water-oriented construction, dumping of trash and debris and cases of wildlife harassment.

2.

Public Property. The use of public riverfront property shall preserve the riverbank where it exists in a natural state and shall protect associated natural resources. Public riverfront property includes parks, boat ramps, lands acquired under the Environmental Lands Protection Program (ELAPP) and public properties for which the County has an ownership interest. This may be carried out by management plans for public properties and through shoreline and riverbank sensitive criteria and standards for boat ramps and docks.

3.

Conservation Easements. The County may use conservation easements, pursuant to Florida Statutes 704.06, along rivers and primary tributaries in the county to protect the integrity of shoreline and natural habitat. This applies to the rivers and their primary tributaries. The County should use this process as a method of preservation and protection.

4.

Boatramps. Where river shoreline exists in a natural state, all new boat ramps shall be designed to preserve the integrity of the shoreline to the maximum extent possible through permitting processes which includes review by the Tampa Port Authority.

5.

Docks. The County will comply with shoreline construction and placement standards for ramps, docks, seawalls, and other marine construction, in accordance with existing applicable laws, rules and policies, including review by the Tampa Port Authority.

6.

Water Dependent Uses. Water-dependent uses such as docks, boathouses, boatlifts and boardwalks shall constitute the only private over-the-water structures allowed on rivers. Structures that are clearly in the public interest, such as bridges, shall also be allowed.

B.

Navigation

1.

Hours of Operation. Operation of air boat/air powered craft and all terrain vehicles and other non-conventional recreational vehicles on and along river corridors shall be regulated by law enforcement agencies.

It is rebutably presumptive that the use of ATVs, airboats and other non-conventional recreational vehicles (such as personal watercraft) within wetlands, natural preserves, mapped areas of significant wildlife habitat and essential wildlife habitat occurring within the 100-year flood plain is damaging to the environmental resources and shall be prohibited.

2.

Speed Zones. The County, after securing required state and federal permits, may establish and post boating restricted areas in the vicinity of boat launching or landing facilities available for use by the general boating public, lock structures, or in areas where boating accident reports, boating citations, vessel traffic studies, or other creditable data demonstrate a high risk of collision, or where any significant vessel walk would be likely to endanger life, limb, vessel traffic safety, or maritime property, or areas subject to unsafe levels of vessel traffic congestion or hazardous water levels or currents, or containing other navigational hazards.

C.

Stormwater

1.

Stormwater Outfalls. The developer of any project along a river shall provide stormwater management systems that filter out pollutants before the stormwater enters the rivers, in accordance with Florida Department of Environmental Protection and Southwest Florida Water Management District rules, including the exemption provisions of these rules. New drainage outfalls along rivers shall be designed with stormwater treatment facilities rather than discharging stormwater directly into the rivers. Where environmentally feasible, the stormwater discharge from detention ponds shall flow into rivers through vegetated swales.

2.

Solid Waste Landfills and Hazardous Material Facilities. Solid waste landfills and hazardous material facilities in unincorporated Hillsborough County shall be sited and managed such that they will not adversely affect the rivers and primary tributaries by not being allowed within the 100-year flood plain.

D.

Recreational Uses

1.

Habitat. Recreation facilities in the Little Manatee River corridor shall be designed to minimize impacts upon essential and significant wildlife habitat. This is to be achieved by encouraging passive recreation river corridor uses, such as hiking, picnicking, nature study, photography, fishing, and canoeing.

E.

Natural Resources

1.

Fish and Wildlife Resources. The County shall consult with the Florida Fish and Wildlife Conservation Commission through the zoning process and site development and subdivision permitting processes for comments on preventing or mitigating probable impacts upon fish and wildlife resources for the rivers.

2.

Manatee Areas. The County may adopt an ordinance establishing manatee protection areas where manatees are frequently sighted and the best available scientific information supports the conclusion that manatees inhabit such waters periodically. Upon a finding that manatees are frequently sighted, that manatees can be generally assumed to inhabit the area periodically or continuously, and that the restrictions imposed are justified and necessary for the protection of manatees or their habitat, the Florida Fish and Wildlife Conservation Commission shall approve such ordinance, after which the County shall secure required state and federal permits and post the boating restricted area.

F.

Utilities

1.

Sewage Discharges. Discharges of raw sewage to the rivers and primary tributaries shall be prohibited.

2.

Septic Tanks and Drainfields. Septic tanks and drainfield installation shall be prohibited within 200 feet of the shoreline of the rivers and their primary tributaries, except in such cases where the 200-foot criterion cannot be met because of lot size. In such cases, placement and construction of such facilities shall be in accordance with State law and shall prevent adverse impact to water quality. (Cross referenced with Section 6.01.06.6.)

3.

Power Lines. The construction of new overhead utilities shall be prohibited within 250 feet of the shoreline of the rivers, unless underground placement is clearly demonstrated to be environmentally or technically unsound. The construction of transmission lines for electric power is permitted in existing, approved corridors.

G.

Heritage

1.

Archaeological Sites. Archaeological sites along the rivers shall be evaluated during the zoning permitting and site and subdivision permitting process in terms of national or state criteria for significance to determine if they are eligible for listing on the National Register of Historic Places. If they are so eligible, then they shall be either preserved or excavated prior to development of the area containing the archaeological site.

(Ord. No. 05-22, § 2, 11-17-05; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07)