§ 12.05.00. Protecting/improving water quality of bayous.  


Latest version.
  • This section establishes regulations, procedures and standards by which the town shall control and regulate development, construction and activities on, within and contiguous to the bayous. The following regulations and prohibitions shall apply to the bayous and contiguous lands:

    A.

    No person shall construct, or add to an existing dock, seawall, bulkhead, mooring piling, modify an existing submerged land lease, or conditions thereto, or conduct dredge or fill operations in, or contiguous to the bayous without first obtaining the proper authorization from the appropriate federal, state, county and town agencies.

    B.

    No fish carcasses and debris shall be discharged into the bayous.

    C.

    No person who maintains or operates a dock shall allow or permit the disposal of fish carcasses, litter, waste petroleum products or other pollutants into the bayous trash disposal receptacles shall be provided for each dock to ensure compliance with the provisions of this Code.

    D.

    No fuel or oil shall be willfully or knowingly discharged in the bayous.

    E.

    No new or existing dock shall be constructed or modified such that the length of any pier as completed is greater than 20 percent of the width of the bayou at the place where the pier is located, or out 200 feet, whichever is less.

    F.

    No piling(s) shall be added to the waterward end of any pier which piling(s) would make the total length of the dock more than 200 feet.

    G.

    No vessel shall be moored or docked on the waterward end of any pier of the maximum legal length as determined pursuant to subsection E above, for more than seventy-two hours.

    H.

    No dock shall be constructed which permits the commercial docking of boats with on-board toilets unless such the dock is equipped with a sewage pump out.

    I.

    No dock shall be constructed which permits the docking of a liveaboard unless such vessel has an operable holding tank.

    J.

    No dock shall be constructed such that it constitutes a hazard to navigation.

    K.

    No dock shall be longer than the width, at the mean high water line, of the lot to which the dock is attached.

    1.

    For those docks connected to uplands zoned commercial, a dock may be constructed to a length of 1.5 times the width of the property at the mean high water line.

    2.

    For the purpose of this section, lots may be combined with neighboring lots. However, no dock may exceed the limitations specified in subsection E above.

    L.

    No dock shall be constructed or modified such that slip density exceeds one slip per eight lineal feet of waterfront footage.

    M.

    No heated or cooled water may be emitted into the bayous other than from a boat.

    N.

    No discharge of water shall contain phosphorous or any other substance likely to cause a violation of the water quality standards specified in Chapters 17-3 and 17-4, Florida Administrative Code.

    O.

    No dock or vessel shall be placed within the 25-foot setback of a property line without providing prior written notification to the adjoining land owners and requesting their response. Any objections received from the adjoining property owners will be considered by the local planning agency in their recommendations to the town council.

    P.

    No dock shall unreasonably interfere with the riparian rights of others.

    Q.

    No dock of 100 feet or longer shall be constructed unless a navigation/security night light is installed at the furthest point seaward on said dock and such light is to be illuminated continuously from dusk to dawn every night of the year. All existing docks 100 feet or longer shall install and operate a navigation/security light pursuant to this subsection. Each light shall be installed within 90 days after adoption of this Code.

    R.

    No commercially operated boat docking facilities shall be permitted or operated within the town.

    S.

    No water service upon any dock shall be installed unless a permit is obtained from the City of Fort Walton Beach. No electrical service shall be installed without a permit from Okaloosa County.

    T.

    No lot, or multi-contiguous lots, with less than 50 feet of waterfront footage shall be allowed more than one individual dock.

    U.

    No pier or dock must lose their structural and aesthetic appearance due to age or use. If more than 35 percent of the materials of which the structure is composed has become broken, torn loose, or otherwise deteriorated structurally or aesthetically, the structure must be repaired in such manner as to assure it is uniform in appearance and is structurally sound.

(LDC Ord. of 1-9-2014)