§ 3-5-298. Coastal construction conducted within the nesting zone during the nesting season.

The intent of this section is to prevent the destruction of sea turtle nests as a result of construction activities conducted within the nesting zone. Construction within the nesting zone shall be limited to non-nesting season to the maximum extent possible (November 1 through April 30). Such construction occurring during any portion of the nesting season (May 1 through October 31) shall be conducted during daylight hours, and it shall be the responsibility of the builder to ensure compliance with the following:

(1)

State permits.

a.

The builder shall obtain written approval from the Florida Department of Environmental Protection (DEP) pursuant to 62B-33, Florida Administrative Code, F.S. Ch. 161, and F.S. section 370.12.

b.

At the time of application for building permits, the builder shall supply a copy of the DEP authorization to the community development department which will notify the authorized DEP turtle permit holder within forty-eight (48) hours of receipt of the application.

(2)

Preliminary and daily surveys required. A permitted agent of the state shall conduct a preliminary survey of the construction site on or prior to May 1 and shall determine if the affected areas is utilized or potentially utilized by sea turtles. If such determination is that the site is utilized or potentially utilized as nesting habitat, then subsequent to the preliminary survey, and beginning no later than May 1, daily nesting surveys of the construction site shall be conducted before that day's construction activities as agreed upon or at 9:00 a.m. by a permitted agent until the completion of the project or the end of the nesting season, whichever occurs first. Nests discovered within a project site during preliminary and daily surveys shall be flagged or relocated to a safe habitat, as determined by the permitted agent.

(3)

Prevention of construction delays. If daily nesting surveys are not initiated by May 1, construction activities will be delayed no longer than five (5) working days to provide sufficient time for inspection by a permitted agent.

(4)

Use of exclusion fences. A physical barrier used to prevent sea turtles from entering construction areas may be used as an exclusion fence, if permitted by DEP. Exclusion fences shall be monitored by DEP approved personnel and shall be repaired as necessary to prevent breaches.

 Breaches which result in successful nesting within the excluded area shall be reported to a permitted agent of the DEP for appropriate action.

(5)

Delineation of construction areas. Preliminary surveys, daily nesting surveys, and permitted exclusion fences shall encompass all areas seaward of the primary dune upon which construction activities occur and upon which equipment and materials are moved to and from the construction areas.

(6)

Noninterference. Construction activities shall not interfere with sea turtle nesting, nests, or hatching activities; shall maximize preservation of native vegetation outside of the building footprint on the site; and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function.

(Ord. No. 98-041, § 3, 6-23-98)