Fla. Admin. Code R. 18-18.002

Current through Reg. 50, No. 217; November 5, 2024

Section 18-18.002 - Boundaries and Scope of the Preserve

(1) Biscayne Bay Aquatic Preserve shall be comprised of all publicly and privately owned submerged lands, the water column over such lands, and publicly owned islands within the following described boundary. The preserve boundary extends across the mouths of all artificial waterways, but includes all natural waterways tidally connected to Biscayne Bay.

(a) The preserve is described as follows:

Biscayne Bay, the northern limit of which is N. E. 163 Street; the Oleta River north to its headwaters in the center of Section 33, Township 51 South, Range 42 East; Arch Creek to salinity control structure at N. E. 135 Street, 175 feet east of the Florida East Coast Railroad tracks; Little Arch Creek to salinity control structure LA- 02, approximately 71 feet east of the center line of N. E. 128 Street; Little River to salinity control structure S-27 located at approximately N. E. 82 Terrace, 200 feet east of the Florida East Coast Railroad tracks; Miami River to salinity control structure S-26, located approximately 500 feet south of N. W. 36 Street; South Fork of the Miami River, also known as Comfort Canal, to salinity control structure S-25 located at N. W. 29 Avenue; Indian Creek south to and including Lake Pancoast, but excluding Collins Canal; Coral Gables Waterway to the intersection of Ingram Highway, Old Cutler Road, Sunset and S. W. 42 Avenue, also known as LeJeune; Black Creek to the most easterly salinity control structure located 0.5 miles upstream from the mouth in the eastern 1/2 of Section 21, near the boundary of Section 22, Township 56 South, Range 40 East; and other tidally flushed natural waterways in south Biscayne Bay which have no known name. Begin at the southwest intersection of the right-of-way of State Road 826 and the mean high water line of Biscayne Bay (Township 52 South, Range 42 East, Dade County), thence southerly along the westerly mean high water line of Biscayne Bay to its intersection with the right-of-way of State Road 905A (Township 59 South, Range 40 East, Monroe County); thence easterly along such right-of-way to the easterly mean high water line of Biscayne Bay; thence northerly along the easterly mean high water line of Biscayne Bay following the westerly shores of the most easterly islands and Keys with connecting lines drawn between the closest points of adjacent islands to the southeasterly intersection of the right-of-way of State Road 826 and the mean high water line of Biscayne Bay, thence westerly to the point of beginning.

(b) This description is not intended to exclude from the preserve any natural waterways tidally connected to the preserve, whether or not artificially altered, which are not identified in the above description.

(c) Excluded from the preserve are those submerged lands of the Biscayne National Monument.

(d) For the purpose of clarification and interpretation, the legal description set forth above does not include any land which is expressly recognized as privately owned upland in a pre-existing recorded mean high water line settlement agreement between the Board and a private owner or owners. Provided, however, in those instances wherein a settlement agreement was executed subsequent to the passage of the Florida Coastal Mapping Act, the determination of the mean high water line shall be in accordance with the provisions of such act.

(2) The attached map shows the general location of the preserve. It is included for informational purposes only and is not intended to be, nor is it, an accurate depiction of the legal boundaries of the preserve.

Fla. Admin. Code Ann. R. 18-18.002

Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(2) FS.

New 3-20-80, Formerly 16Q-18.02, 16Q-18.002.

New 3-20-80, Formerly 16Q-18.02, 16Q-18.002.