Fact Sheet
about Outstanding Florida
Waters
Authority:
Section 403.061(27), Florida Statutes, grants DEP the
power to: Establish rules which provide for a special
category of water bodies within the state, to be referred to
as “Outstanding Florida Waters”, which shall be worthy of
special protection because of their natural attributes.
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Implementing
Agency:
All state water quality standards are approved by the
Environmental Regulation Commission for use by the
Department of Environmental Protection (DEP). The
Environmental Regulation Commission is seven-member citizens
body appointed by the Governor.
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Regulatory
Significance:
In general, DEP cannot issue permits for direct pollutant
discharges to OFWs which would lower ambient (existing)
water quality or for indirect discharges which would
significantly degrade the Outstanding Florida Water. Permits
for new dredging and filling (ERP permits) must be clearly
in the public interest, taking into consideration:
- Whether the activity will adversely affect the
public health, safety, or welfare or property of others;
- Whether the activity will adversely affect the
conservation of fish and wildlife, including endangered
or threatened species, or their habitats.
- Whether the activity will adversely affect
navigation or the flow of water or cause harmful erosion
or shoaling;
- Whether the activity will adversely affect the
fishing or recreational values or marine productivity in
the vicinity of the activity;
- Whether the activity will be of a temporary or
permanent nature;
- Whether the activity will adversely affect or will
enhance significant historical and archaeological
resources under the provisions of Sec. 267.061; and
- The current condition and relative value of
functions being performed by areas affected by the
proposed activity. (373.414(1)(a), F.S.).
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Some
Exceptions to OFW:
- 1. Permitted activities existing on the date of
designation, which are “grandfathered”.
- Activities not regulated by DEP for water quality
protection purposes, such as fishing, river setback
ordinances, and boat speeds.
- Restoration of seawalls at previous locations.
- Non-commercial boat docks, on piling, of less than
500 square feet.
- Temporary lowering of water quality during
construction activities (with special restrictions).
- Activities to allow or enhance public usage, or to
maintain pre-existing activities (with certain
safeguards).
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Waters
in OFW Designation:
- National Parks
- National Wildlife Refuges
- National Seashores
- National Preserves
- National Marine Sanctuaries and Estuarine
- Research Reserves
- National Forests (certain waters)
- State Parks & Recreation Areas
- State Preserves and Reserves
- State Ornamental Gardens and Botanical Sites
- Environmentally Endangered Lands Program,
- Conservation and Recreational Lands Program, and
- Save Our Coast Program Acquisitions
- State Aquatic Preserves
- Scenic and Wild Rivers (both National and State)
- “Special Waters”
"Special Waters" OFWs include 41 of Florida's
1700 rivers, several lakes
and lake chains,
several estuarine areas, and the Florida Keys: |
| Apalachicola
River |
Myakka
River (lower part) |
| Aucilla
River |
Ochlocknee
River |
| Blackwater
River |
Oklawaha
River |
| Butler
Chain of Lakes |
Orange
Lake, River Styx, and Cross Creek |
| Chassahowitzka
River System |
Perdido
River |
| Chipola
River |
Rainbow
River |
| Choctawhatchee
River |
St.
Marks River |
| Clermont
Chain of Lakes |
Santa
Fe River System |
| Crooked
Lake |
Sarasota
Bay Estuarine System |
| Crystal
River |
Shoal
River |
| Econlockhatchee
River System |
Silver
River |
| Estero
Bay Tributaries |
Spruce
Creek |
| Florida
Keys |
Suwanee
River |
| Hillsborough
River |
Tomoka
River |
| Homosassa
River System |
Wacissa
River |
| Kingsley
Lake & Black Creek (North Fork) |
Wakulla
River |
| Lake
Disston |
Weekiwachee Riverine System |
| Lake
Powell |
Wekiva River |
| Lemon
Bay Estuarine System |
Wiggins Pass Estuarine System |
| Little
Manatee River |
Withlacoochee Riverine and Lake System |
| Lochloosa
Lake |
|
Note:
Actual rule language describing above water bodies is
more complete. For further information, refer to Rule
62-302.700
(9)(i), Florida Administrative Code.
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Requirements
for a "Special Water" OFW Designation:
- Rulemaking procedures pursuant to Chapter 120, F.S. shall be
followed;
- At least one fact-finding workshop shall be held in the affected
area;
- All local county or municipal governments and state legislators
whose districts or jurisdictions include all or part of a water body
proposed for Special Water designation shall be notified at least 60
days prior to the workshop in writing by the Secretary of DEP;
- A prominent public notice shall be placed in a newspaper of
general circulation in the area of the proposed Special Water at
least 60 days prior to the workshop;
- An economic impact analysis, consistent with Chapter 120, shall
be prepared which provides a general analysis of the impact on
growth and development including such factors as impacts on planned
or potential industrial, agricultural or other development or
expansion; and
- The Environmental Regulation Commission may designate a water of
the State as a Special Water after making a finding that the waters
are of exceptional recreational or ecological significance and a
finding that the environmental, social, and economic benefits of the
action outweigh the environmental, social, and economic costs (Rule
62-302.700(5), F.A.C.).
For more information contact:
Department of Environmental Protection, Water Quality Standards and
Special Projects Program at (850) 245-8346, or view
the section website:
http://www.dep.state.fl.us/water/wqsspp.
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Water Quality Standards and Special Projects Program
Florida Department of Environmental Protection
2600 Blair Stone Road -
M.S. 3560
Tallahassee, FL 32399
850-245-8417
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