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Home My WebLink About25-012 • ORDINANCE NO.25-012 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 50-WATERWAYS,AND CREATING 8 o ARTICLE III — ANCHORING LIMITATION AREAS, OF o CHAPTER 50 - WATERWAYS, CREATING SECTION 50-31 o. DEFINITIONS, CREATING SECTION 50-32 APPLICABILITY, a S CREATING SECTION 50-33 DESIGNATED ANCHORING LL N LIMITATION AREAS, CREATING SECTION 50-34 • o" ANCHORING RESTRICTIONS IN ANCHORING o COLIMITATION AREAS, CREATING SECTION 50-35 W � ' EXEMPTIONS, AND CREATING SECTION 50-36 ~oo - Z - o co a ENFORCEMENT, OF THE ST. LUCIE COUNTY CODE OF W• N o ORDINANCES; ESTABLISHING ANCHORING LIMITATION W U.-°Z - 3 o ry ry AREAS WITHIN ST. LUCIE COUNTY WITHIN AND Z• ttm° -a W cc W ADJACENT TO THE CITY OF FORT PIERCE, FLORIDA; PROVIDING FOR SEVERABILITY; CONFLICTS; AN EFFECTIVE DATE AND INCLUSION IN CODE. WHEREAS, Section 327.4108, Florida Statutes, grants counties the ability to establish anchoring limitation areas(ALAs) adjacent to urban areas that have residential docking facilities and significant recreational boating traffic; and WHEREAS, St. Lucie County has identified two areas of navigable waters within St. Lucie County that satisfy the criteria set forth in Section 327.4108, Florida Statutes, for establishing anchoring limitation areas: each area has significant recreational boating traffic,each area is less than 100 acres in size, the combined size of the areas is less than 10 percent of St. Lucie County's navigable-in-fact waterways, and none of the areas include a mooring field or marina; and WHEREAS, St. Lucie County on June 17, 2025 provided notice to the Florida Fish and Wildlife Conservation Commission,in accordance with Section 327.4108(2)(c), Florida Statutes, at least 30 days before introducing this ordinance to establish the anchoring limitation areas (ALAs); and WHEREAS, St. Lucie County has prepared a Business Impact Estimate (BIE) pursuant to Section 125.66(3)(a),Florida Statutes,and has published the BIE information for this proposed ordinance on its website for public viewing and consideration on July 10, 2025; and WHEREAS, the St. Lucie County Board of County Commissioners has the powers and duties as provided in Section 125.01, Florida Statutes, and the State Constitution to carry on county government; and WHEREAS,the Board has determined that adoption of the ordinance is in the best interest of the health, safety, and welfare of the citizens of St. Lucie County, Florida. 1 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY,FLORIDA,AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated by reference into this Ordinance. SECTION 2. St. Lucie County Code, Chapter 50 - Waterways is hereby amended to add Article III—Anchoring Limitation Areas—Waterways to read as follows: ARTICLE III.—ANCHORING LIMITATION AREAS Sec. 50-31.- Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Anchor means to firmly secure a vessel to the seafloor or river-bottom with an anchor; to moor. Anchoring Limitation Areas (ALAs)means an area in which a person may not anchor a vessel for more than forty-five (45) consecutive days in any six (6) month period, without leaving all anchoring limitation areas for at least twenty-four(24) hours and travelling to an area that is at least one (1) nautical mile away from all anchoring limitation areas, subject, however, to the exemptions in Section 327.4108(4)-(5), Florida Statutes. Person means an individual,partnership, firm, corporation, association, or other entity. Riparian rights means those rights incident to the lands bordering upon navigable waters, as recognized by the courts of Florida and in common law. Vessel is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water,used or capable of being used as a means of transportation on water. Waterways of the county mean any navigable waters of the United States within the territorial limits of the County and all inland lakes, rivers, and canals under the jurisdiction of the County. Sec.50-32.-Applicability The provisions of this article shall be applicable within the unincorporated and incorporated areas of the county and waterways of the County; specifically, those Anchoring Limitation Areas established herein. The County and any municipality may enter into an interlocal agreement to specify the responsibilities associated with the designated anchoring limitation areas. Sec.50-33.-Designated Anchoring Limitation Areas. (a) The following geographic areas are designated as Anchoring Limitation Areas, subject 2 to riparian rights and coastal setbacks: (1) Anchoring Limitation Area#1 (ALA#1), consisting of approximately 31.2 acres of submerged land located south of the North Ft. Pierce Bascule Bridge/N Causeway(State Road A 1 A),west of the Florida Intracoastal Waterway and north of Harbour Pointe Park as depicted in Figure 1; Coordinates. (2) Anchoring Limitation Area#2 (ALA#2), consisting of approximately 99.4 acres of submerged land located in the inner Ft. Pierce Inlet surrounding spoil island SL17 as depicted in Figure 1; Coordinates. 3111 ICC1Wl,CHAN NEL LIMITS ANCHORING LIMITATION AREA•2 99.4 ACRES _ 4 P\�P 3 7 11 0 try ANCHORING t 2 LIMITATION 9 8 9 AREA N1 f 1 31.2 ACRES CO bFPVI �• 'rgt `� r NOTES: LEGEND: 1 AOIb r+s60 hrwr FIOfA4 DA Aatm:111 ANC*OTINO-SIT AT,O,/AREA IOCW W.CWNY.E; �� EWE N R!, COORDINATE TABLE POINT NORTHING EASTING LATITUDE LONGRUDE NUMBER t 1137545.3640 877215.1245 N027.27 41.41• W080'1906.06 2 1137870.4155 876783.2541' N027 27'44.66' W080 16'10.85' 3 1139003.3461' 578299.0923' N027 27 55.90' W080.19 16.18 4 1139907 3383 880331.5820' 1.1027 28 04 63 W080 18.31 34' 5 1139388.4287 880613.0777' N027 27 59 48' W080 18 28.24' 6 1137865 4081' 878327 8405' 1.1027 27'44 52' WOW 18 53.69 7 1139168.6112' 880732.2153 N027.27 67.30' W080 18 26.94 8 1137520.6916 878516.5709 1.1027`27 41.10' W080 18 51.63 9 1137641.982e 878955.2401' N027'2T 42.28' W080 18 48 76' 10 1136165.4202' 880072.4278 1.1027'27 47 40' W080 18 34.32 11 1138822 1081' 880920 1832 1.1027'27 53 85' W080 18 24 87 COASTAL TECH EY IAA CTF AQN a a ,; ST LUCIE COUNTY ANCN'JR NG t MITV Ow ARIA rf i;Y. DATE J00 NO ^.wY..c,J A„r.. Lae U:2U'95 1Y .3525 20T street,v01D Elaem,FlNrdH 32960 51 LI.Cf COI YIY ILORIDA 02/13/2025 1018201.014 111,om ae2.11vu Figure 1: Anchoring Limitation Areas • Sec.50-34.-Anchoring Restrictions in Anchoring Limitation Areas. (a) A person may not anchor a vessel for more than forty-five (45) consecutive days in any six(6)month period in anv Anchoring Limitation Area established in this Article without leaving all Anchoring Limitation Areas for at least 24 hours,except as provided in Section 50-35 below. (b) In order to not be in violation of this Section, if a person moves a vessel from an Anchoring Limitation Area on or before the forty-fourth(44th)day,then that vessel shall not relocate to another Anchoring Limitation Area within a radius of one (1) nautical mile. Sec.50-35.- Exemptions. The anchoring restrictions in Sections 50-33 and 50-34 do not apply to: (a) Vessels owned or operated by governmental entities for law enforcement, firefighting, military or rescue operations. (b) Construction or dredging vessels on active job sites. (c) Vessels actively engaged in commercial fishing. (d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets. (e) Vessels anchored or moored within the riparian rights of the owner of the vessel,and only at a maximum distance from the shore of the riparian owner that provides the depth required for the safe anchorage/mooring of such vessel, considering the swing of the vessel at mean low tide. (f) Any vessel upon the marked channel of the Florida Intracoastal Waterway. Sec.50-36.-Enforcement. Enforcement shall be as provided in State law. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 4. Conflict. All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. Effective Date. A certified copy of this ordinance shall be filed with the Office of the Secretary of State, State of Florida within ten(10)days of enactment. This Ordinance 4 shall take effect upon adoption and filing pursuant to law. SECTION 6. Inclusion in Code. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of St. Lucie County, Florida; and that the sections of this ordinance may be renumbered or re- lettered and that the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 7. Codification and Scrivener's Errors. The Board intends that this ordinance will be made part of the St. Lucie County Code; and that sections of this ordinance can be renumbered or relettered and that the word "ordinance" can be changed to "section", "article" or some other appropriate word or phrase to accomplish codification, and regardless of whether this ordinance is ever codified,the ordinance can be renumbered or relettered and typographical errors that do not affect the intent can be corrected with the authorization of the County Administrator or his designee, without the need for a public hearing. SECTION 8. Adoption. After motion and second,the vote of this Ordinance was as follows: Chair Jamie Fowler AYE Vice Chair Larry Leet AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 22nd day of July, 2025. ,'`4 GOMM/ 4/0 �. ATTEST: J 4 ARD OF COUNTY COMMISSIONERS v WIp•. A LUCIE COUNTY,FLORIDA Ott couNr _ l t{2.1. BY: DEPUTY CLERK CHA APPROVED AS TO LEGAL FORM AND CORREC ES ,441 COUNTY AT O ' EY 5 RON DESANTIS Governor CORD BYRD Secretary of State R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 July 28, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 25-012, which was filed in this office on July 28, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp