Fla. Admin. Code R. 68C-22.024

Current through Reg. 50, No. 222; November 13, 2024
Section 68C-22.024 - Martin County Zones
(1) For the purpose of regulating the speed and operation of motorboats year-round, the Martin County zones are established as follows:
(a) Slow Speed Zone -
1. All navigable inland waters within Martin County within 600 feet waterward of the general contour of the shoreline, unless otherwise designated or excepted, inclusive of all associated backwaters, bayous, creeks, and canals (unless specifically excluded or otherwise designated), and excepting marked or maintained navigation channels unless otherwise designated. The following areas are specifically excluded from this designation: the C-23 Canal west of the South Florida Water Management District water control structure "S-48"; the Lake Okeechobee Waterway southwesterly of St. Lucie Locks; the Lake Okeechobee rim canal; and nearshore waters immediately adjacent to the "Jensen Beach Causeway Islands" (under the Jensen Beach Bridge, on the easterly side of the Atlantic Intracoastal Waterway) and immediately adjacent to the "Stuart Causeway Islands" (under the Ocean Boulevard (Stuart Causeway) Bridge, on the easterly side of the Atlantic Intracoastal Waterway) except as provided under paragraph (9)(a), hereunder. Waters so regulated within this designation shall include, but not be limited to, the following:
a. That portion of the St. Lucie River within Martin County, westerly to the St. Lucie County/Martin County line (and inclusive of those waters westward in the C-23 Canal to the South Florida Water Management District water control structure "S-48"), southerly (in the South Fork) to the centerline of the Palm City Bridge, and easterly/southeasterly to an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, excluding that portion of the North Fork of the St. Lucie River known as "Ski Point," or "Speedy Point," northwesterly of the Roosevelt/US 1 Bridge (beginning at a line running through day mark "R 2" and the southwesterly extreme of said point, running northerly for a distance of 500 feet following the general contour of the shoreline), and excluding the main marked channel of the St. Lucie River.
b. In the "cross roads" area of the intersection of the St. Lucie River and the Indian River, that portion from an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, thence:
(I) Southerly, southeasterly, and northerly, following the contour of the shoreline, to a northern boundary represented by an east-west line drawn from daymark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W) to the western side of the Indian River, excluding the main marked channel of the St. Lucie River; and,
(II) Southerly and easterly, along the western and southern shoreline, to the western boundary of the main marked channel of the Atlantic Intracoastal Waterway, excluding the main marked channel of the St. Lucie River.
c. On the east side of the Indian River, that portion northerly of an east-west line, drawn from day mark "R 230" (lat 27° 11' 53.51" N, long 80° 11' 16.28" W) to the eastern shore of the Indian River, north to the Martin County/St. Lucie County line, excluding that portion of the waterfront area commonly known as "Cat Cove" lying within 600 feet of the shoreline with the southerly limit being 200 feet northeasterly of the Ocean Boulevard (Stuart Causeway) Bridge and the northerly limit being .25 mile northerly of the Ocean Boulevard (Stuart Causeway) Bridge.
2. All waters of the St. Lucie River/Okeechobee Waterway, outside of the main marked navigation channel, from the centerline of the Palm City Bridge southward to the St. Lucie Locks.
3. All waters lying outside of the marked Atlantic Intracoastal Waterway channel from the St. Lucie Inlet southward to the Martin County/Palm Beach County line, inclusive of those waterbodies commonly known as "Peck Lake," "Hole in the Wall," and "The Narrows," unless otherwise designated or excepted.
4. All waters within that waterbody commonly known as "Manatee Pocket," inclusive of "Manatee Creek."
5. Those portions of the Atlantic Intracoastal Waterway within its main marked channel, as follows:
a. Between day marks "G 13" (lat 27° 08' 30.120" N, long 80° 09' 43.590" W) and "R 16" (lat 27° 07' 39.560" N, long 80° 09' 05.720" W);
b. Between an east-west line drawn perpendicular to the centerline of the Atlantic Intracoastal Waterway 50 feet north of day mark "R 44" (lat 29° 00' 26" N, long 80° 05' 45" W) and day mark "G 49" (lat 26° 59' 16.060" N, long 80° 05' 26.820" W); and,
c. From day mark "G 21" (lat 27° 06' 31" N, long 80° 08' 30" W) south to the north end of the fender system of the SR 708 Bridge.
6. All waters of the Loxahatchee River lying outside of the marked navigation channel from the Martin County/Palm Beach County line northward through the boundaries of the Jonathan Dickinson State Park.
7. All waters within Martin County westerly of the marked Atlantic Intracoastal Waterway channel in the Indian River from day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W) northward to the Martin County/St. Lucie County line.
8. All waters within Martin County near the "cross roads" area of the intersection of the Indian River and the St. Lucie River lying easterly of the marked Atlantic Intracoastal Waterway channel of the Indian River, with the southerly limit being a line running eastward from day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W), the northerly limit being a line running eastward from day mark "R 230" (lat 27° 11' 53.510" N, long 80° 11' 16.280" W), and the easterly limit being the eastern shoreline of the Indian River. (The actual legal and enforceable boundaries of this zone will be established by markers or buoys, upon marking and posting of the area.)
9. All waters within Martin County within the immediate vicinity of, and within 200 feet of all faces of, all bridges, locks and other water control structures, unless otherwise designated.
10. All waters within the north and south 100 feet of the "oxbow" adjacent to the main section of the old St. Lucie River, South Fork as described in subparagraph (1)(b)5., hereunder. (The actual legal and enforceable boundaries of this zone will be established by markers or buoys, upon marking and posting of the area.)
(b) Maximum 25 MPH Zone -
1. All waters within Martin County within the "cross roads" area of the intersection of the Indian River and the St. Lucie River, unless otherwise designated and which are outside of the Slow Speed Zone, with the northerly limit in the Indian River being an east-west line drawn from shore to shore through day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W), the southerly limit being day mark "G 1" (lat 27° 09' 43.649" N, long 80° 10' 39.947" W) at the Great Pocket, the westerly/northwesterly limit being an east-west line drawn from Hell Gate Point to the eastern shore of the St. Lucie River, and the easterly limit being the waterward extreme of the entrance to the St. Lucie Inlet.
2. All waters within 600 feet of the general contour of the shoreline easterly of the Atlantic Intracoastal Waterway within the "cross roads" area described in subparagraph (1)(b)1., above, inclusive of private channels and the channel commonly known as "Sailfish Point."
3. All waters within the marked channel of the Atlantic Intracoastal Waterway, unless otherwise designated, from day mark "G 1" (lat 27° 09' 43.649" N, long 80° 10' 39.947" W) in the Indian River Great Pocket southward to the Martin County/Palm Beach County line.
4. All waters of the St. Lucie/Okeechobee Waterway, within its marked channel in the St. Lucie River, from the centerline of the Palm City Bridge to the St. Lucie Locks.
5. All waters within the "oxbow" section of the old St. Lucie River South Fork outside of the canalized portion of the South Fork, easterly of Midway Island, between day mark "37" (lat 27° 08' 57.380" N, long 80° 15' 37.730" W) and day mark "39" (lat 27° 08' 18.580" N, long 80° 15' 44.170" W) and that portion of the old river branching off of the oxbow and to the south of it, in the form of a lake. That portion described in subparagraph (1)(a)10., above, shall be excluded from this designation.
6. All waters within the marked navigation channel of the Loxahatchee River from the Martin County/Palm Beach County line northward through the boundaries of the Jonathan Dickinson State Park.
7. All waters in the Indian River within the marked channel of the Atlantic Intracoastal Waterway from day mark "R 230" (lat 27° 11' 53.51" N, long 80° 11' 16.28" W) to day mark "G 235" (lat 27° 10' 38.477" N, long 80° 11' 03.939" W).
(2) That portion of Lake Okeechobee within Martin County is exempt from speed restrictions under the provisions of this rule.
(3) Those waters designated under subparagraphs (1)(a)1.b., (1)(a)3., (1)(a)5., (1)(a)6., (1)(b)1., (1)(b)3., and (1)(b)6., wherein protection zones were previously established and enforced (as adopted March 19, 1979), shall remain unaffected by exemption provisions for the purpose of boat/motor testing as set forth under subsection 68C-22.003(7), F.A.C.
(4) It is provided that any motorboat operator who has reason to believe that a manatee may be present within 200 feet shall operate his or her vessel at no greater than Idle Speed.
(5) For the purpose of exempting qualifying commercial fishermen and professional fishing guides from certain speed zone restrictions, as provided under subsection 68C-22.003(6), F.A.C., the following conditions, and procedures for exemption application, shall aly:
(a) Exemptions shall apply to zones described under subparagraphs (1)(a)1., 2., 3., 4., 6., 7., 8., 9., and 10., above, except as conditioned hereunder. From November 15 through March 31, exemptions shall be considered within the zones described under subparagraph (1)(a)3., (within those waters lying outside the marked channel of the Atlantic Intracoastal Waterway) only for the purpose of setting nets.
(b) A recipient of such an exemption must maintain speeds of less than 20 mph at all times within the restricted area, and comply with any and all conditions specified within the notice of exemption, as well as under the provisions of this rule.
(c) Exemptions granted will not apply on weekends or state-recognized holidays (except during the period from November 15 through March 31, when exemptions may apply on state-recognized holidays).
(d) Any commercial fishermen or professional fishing guide fulfilling the requirements set forth under subsection 68C-22.003(6), F.A.C., may apply for said exemption, one of which shall be required for each vessel so operated, by completing the application form specified. Applications for exemption in accordance with the provisions of this rule may be obtained from the Fish and Wildlife Conservation Commission, Division of Law Enforcement office, 13000 Marcinski Road, Jupiter, FL 33477 (telephone (561)624-6935).
(6) Regulations restricting motorboat speed and operation, as set forth herein, are not intended to supersede any existing regulations duly established by federal, state, or local authority which are more restrictive in nature. Permitted markers as posted are presumptive evidence of zone boundaries, as intended.
(7) The zones described in subsection 68C-22.024(1), F.A.C., herein are depicted on the following maps, labeled "Martin County Manatee Protection Zones, Map A through Map D" and dated November 1990: (Maps provided herewith are intended as depictions of the above described zones. In the event of conflict between the two, the above descriptions shall prevail.)

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Fla. Admin. Code Ann. R. 68C-22.024

Rulemaking Authority 370.12(2)(f), (g), (n) FS. Law Implemented 370.12(2)(f), (g), (n) FS.

New 12-24-90, Formerly 16N-22.024, 62N-22.024.

New 12-24-90, Formerly 16N-22.024, 62N-22.024.