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Resolution 2024-33000 RESOLUTION NO. 2024-33000 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO PURSUE A PEDESTRIAN-ONLY PATH ON HARD-PACKED SAND EAST OF THE DUNES TO MINIMIZE THE INTERACTION BETWEEN BICYCLISTS AND PEDESTRIANS ON THE BEACHWALK. WHEREAS,the City of Miami Beach is committed to ensure the safe, secure, and efficient movement of people and providing a multi-modal vision for the City's transportation system; and WHEREAS, the Beachwalk projects are part of the larger Atlantic Greenway Network (AGN), which is a system of bikeways designed to promote alternative transportation and it' provides a direct connection to ten City parks including Altos del Mar, Lummus, and South Pointe, among others; and WHEREAS, the estimated cost of the entire Beachwalk was $44.9 Million with a total estimated value of approximately$60 Million; and WHEREAS, the Beachwalk connects area business districts, cultural and tourism centers, residential neighborhoods, parking facilities, parks, schools, and the beaches; and WHEREAS, the dunes protect coastal infrastructure and upland properties from storm damage by blocking storm surge and absorbing wave energy; and WHEREAS, a healthy dune system is an invaluable asset to coastal communities like Miami Beach, as they keep beaches healthy by accreting sand and minimizing beach erosion rates; and WHEREAS, there are considerable concerns with heavy pedestrian and bicycle activity on the Beachwalk, and the Administration has made many attempts to reduce conflicts; and WHEREAS, the Administration conducted research to understand the feasibility and cost of developing a ten-foot wide compacted sand path along the seaward edge of the dune system; and WHEREAS, Florida Administrative Code Regulation No. 62B-33.005, entitled "General Criteria for Areawide and Individual Permits provides a regulatory framework to protect the beach and dune system; and WHEREAS, the Administration contacted the Florida Department of Environmental Protection (FDEP) for regulatory guidance related to this specific activity east of the Coastal Construction Control Line (CCCL), and FDEP advised the City would need to meet the requirement of the state administrative code and obtain approval from the Florida Fish and Wildlife Commission (FWC); and WHEREAS, there are regulatory limitations on what can be permitted east of the CCCL, or Collins Avenue, and as such, allowable activities within the dunes and on the beach are limited, particularly once habitat has been established; and WHEREAS, the area east of the dunes must follow the CCCL Program which regulates structures and activities that can cause beach erosion, destabilize dunes, damage uplands, and interfere with public access; it aims to protect sea turtles and the overall health of the dunes; and WHEREAS, a designated path for which the sand is artificially compacted would change the current nature of the existing sand; and WHEREAS, the City would also need to establish that there would be no impact to sea turtles, as species such as Loggerhead, Green,and Leatherback sea turtles nest in soft sand; and WHEREAS, proof would be required that compacted sand path activity would not impact the sand characteristics per the Endangered Species Act of 1973, FDEP §62B-33.005—General Criteria for Areawide and Individual Permits; and WHEREAS, the Office of Capital Improvement Projects developed a rough order of magnitude estimate for the compacted sand path, with the total project estimate at $3,677,634, which does not include any required mitigation or regulatory considerations by the State; and WHEREAS, any activity that would impact the existing dune system would require the cost of environmental mitigation and must meet the minimum requirements set forth in § 62B- 33.005; and WHEREAS, a feasibility analysis is needed to best understand the ability to obtain regulatory approvals at a cost of approximately$100,000 prior to funding design and permitting. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby direct the Administration to a pedestrian-only path on hard-packed sand east of the dunes to minimize the interaction between bicyclists and pedestrians on the Beachwalk. PASSED AND ADOPTED this 3rd day of April, 2024 ATTEST: Steven Meiner, Mayor z/VI�Rafae E. Granado, City k (sponsored by Mayor Steven Meiner Co-sponsored by Commissioner Kristen Rosen Gonzalez) APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 71io ) 2ort- City Attorney Date 4/8/24, 10:40 AM Coversheet New Business and Commission Requests-R9 AE MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: April 3,2024 SUBJECT:DISCUSS/TAKE ACTION ON THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE'S FAVORABLE RECOMMENDATION TO PURSUE A PEDESTRIAN ONLY PATH ON HARD-PACKED SAND EAST OF THE DUNES TO MINIMIZE THE INTERACTION BETWEEN BICYCLISTS AND PEDESTRIANS ON THE BEACHWALK. BACKGROUND/HISTORY At the December 13, 2023 City Commission meeting, item R9 D (Attachment 1), sponsored by Mayor Steven Meiner and Commissioner Alex Fernandez, was discussed. The City Commission referred the item to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC). The PSNQLC heard the item on February 14, 2023 and moved the item with a favorable recommendation to the Commission to pursue creating a compacted sand path east of the dunes for pedestrians (as opposed to bicyclists) which would include permitting and approvals through the State Coastal Construction Line Program (Florida Statute 62B-33 Ch. 161 Beach and Shore Preservation). The Beachwalk projects are part of the larger Atlantic Greenway Network (AGN), which is a system of bikeways designed to promote alternative transportation.They extend in a north/south direction and run between the Erosion Control Line(ECL)and the dune system. The Beachwalk provides a direct connection to ten City parks including Altos del Mar, Lummus, and South Pointe, among others. The construction for this project began in 2003 and was completed in 2022. The estimated cost of the entire Beachwalk is $44.9 Million with a total estimated value of approximately $60 Million; it connects area business districts, cultural and tourism centers, residential neighborhoods, parking facilities, parks,schools,and the beaches. The majority of the Beachwalk projects were carefully designed and permitted. From 1975 to 1980, the United States Army Corps of Engineers, in coordination with the Florida Department of Environmental Protection, built a non-vegetated levee of storm protection as part of the first beach restoration effort targeting the Miami Beach Coast. Due to high pedestrian and vehicular traffic, the levee wore down quickly and was deemed ineffective. In the mid-1980s, the FDEP rebuilt and fortified the dune with vegetation and they have grown in height and stability over time. The dunes protect coastal infrastructure and upland properties from storm damage by blocking storm surge and absorbing wave energy. A healthy dune system is an invaluable asset to coastal communities like Miami Beach. They also keep beaches healthy by accreting sand and minimizing beach erosion rates. Coastal dunes are also habitat for wildlife and support a high biodiversity of flora and fauna. The USACE estimates the average annual benefits of the beach and dune system to be$20.8 million. ANALYSIS There are considerable concerns with heavy pedestrian and bicycle activity on the Beachwalk, and the Administration has made many attempts to reduce conflicts. This item specifically explores the possibility of a compacted sand path east of the dunes per Committee direction. The Administration conducted research.to understand the feasibility and cost of developing a ten-foot wide compacted sand path along the seaward edge of the dune system. Florida Statute 62B-33.005 General Criteria for Areawide and Individual Permits provide a regulatory framework to protect the beach and dune system (Attachment 2). In addition, the Administration contacted the Florida Department of Environmental Protection (FDEP)for regulatory guidance related this specific activity east of the Coastal Construction Control Line (CCCL). FDEP advised the City would need to meet the requirement of the State Statute and obtain approval from the Florida Fish and Wildlife Commission (FWC). Staff also developed a rough cost estimate for the project based on roadway compaction projects, however, this does not include the types of sand specified by Statute or potential mitigation requirements. Regulatory Feedback The Florida Department of Environmental Protection (FDEP)advised of the requirements and the difficulties of obtaining approvals to create a compacted path east of the dune system.There are regulatory limitations on what can be permitted east of the CCCL, or Collins Avenue; as such, allowable activities within the dunes and on the beach are limited,particularly once habitat has been established. The area east of the dunes must follow the CCCL Program which regulates structures and activities that can cause beach erosion, destabilize dunes, damage uplands, and interfere with public access; it aims to protect sea turtles and the overall health of the dunes. If the City were to proceed with creating a new parallel compacted sand path east of the dunes, approvals through the CCCL program as a"new activity"would need to be obtained.A designated path for which the sand is artificially compacted would change the current nature of the existing sand.The Statute also regulates that"beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system"and includes the coloration, grain size, and composition. The City would also need to prove that there would be no impact to sea turtles; because https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=34549&MeetinglD=1339 1/2 4/8/24,10:40 AM Coversheet species such as Loggerhead, Green, and Leatherback sea turtles nest in soft sand, proof would be required that compacted sand path activity would not impact the sand characteristics per the Endangered Species Act of 1973. FDEP § 62B-33.005— General Criteria for Areawide and Individual Permits is included as Attachment 2. SUPPORTING SURVEY DATA n/a FINANCIAL INFORMATION The Office of Capital Improvement Projects developed a rough order of magnitude estimate for the compacted sand path; the total project estimate is estimated at$3,677,634; but does not include any required mitigation or regulatory considerations by the State. This estimate is based on preparing a compacted sand pathway with the addition of aggregates to create stability and durability. Any activity that would impact the existing dune system would require the cost of environmental mitigation and must meet the minimum requirements set forth in.§ 62B-33.005. The Commission may be interested in conducting a feasibility analysis to best understand the ability to obtain regulatory approvals at a cost of approximately$100,000 prior to funding design and permitting. CONCLUSION The Administration recommends discussion by the City Commission considering the regulatory environment of creating a parallel compacted sand path due to the State Statute and Coastal Construction Control Line requirements designed to regulate potential adverse impacts to sea turtles, the dune system, and the overall coastal environment. A referral to the Finance and Economic Resilience Committee may be needed due to the estimated costs of a feasibility analysis and/or design, permitting, and construction. Applicable Area Citywide Is this a"Residents Right to Does this item utilize G.O. Know"item,_pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment& Infrastructure-Work regionally and nationally to protect Biscayne Bay water quality and to maintain a healthy dune and beach system. Legislative Tracking Environment and Sustainability Sponsor Sponsored by Mayor Meiner and Co-sponsored by Commissioners Fernandez, Bhatt,and Suarez ATTACHMENTS: Description D Attachment 1 D Attachment 2 https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=34549&MeetinglD=1339 2/2 NEW BUSINESS 24. MIAMI BEACH COMMITTEE MEMORANDUM TO: Public Safety and Neighborhood Quality of Life Committee Members FROM: Alina T. Hudak, City Manager DATE: February 12, 2024 SUBJECT: DISCUSS PEDESTRIAN AND BICYCLE SAFETY ON THE BEACHWALK AND ANY OPTIONS FOR CREATING A BIKE PATH ON THE HARD PACKED SAND TO MINIMIZE THE INTERACTION BETWEEN BICYCLISTS AND PEDESTRIANS ON THE BEACHWALK. HISTORY: At the December 13, 2023 City Commission meeting, item R9 D, sponsored by Mayor Steven Meiner and Commissioner Alex Fernandez, was discussed. The City Commission referred the item to the Public Safety and Neighborhood Quality of Life Committee (PSNQLC). The referral is to discuss options to allow for the creation of a bike path similar on the hard-packed sand to minimize interaction between bicyclists and pedestrians on the Beachwalk. ANALYSIS The Beachwalk projects are part of the larger Atlantic Greenway Network (AGN), which is a system of bikeways designed to promote alternative transportation. They extend in a north/south direction and run between the Erosion Control Line (ECL) and the dune system. The Beachwalk provides a direct connection to ten city parks including Altos del Mar, Lummus, and South Pointe, among others. The construction for this project began in 2003 and was completed in 2022. The estimated cost of the entire Beachwalk is $44.9 Million with a total estimated value of approximately $60 Million; it connects area business. districts, cultural and tourism centers, residential neighborhoods, parking facilities, parks, schools, and the beaches. The Administration conducted research to understand the feasibility of developing a bike path along the seaward edge of the dune system on hard-packed sand. Hardpack is defined as the sand road west of the ECL used by public safety and other authorized vehicles that is naturally occurring over time. While sand compacts to varying degrees over the entire length of the beach, the established hardpack recognized by the Beach Maintenance Division extends from 6th Street to 19th Street. Beyond these limits, it is reasonably understood that a beach cruiser with extra wide tires would be necessary to traverse through the sand. The Administration also reached out to the Florida Department of Environmental Protection (FDEP) for regulatory guidance and limits on activities east of the Coastal Construction Control Line (CCCL). Regulatory Environment Page 387 of 443 The Florida Department of Environmental Protection (FDEP) advised of the permitting challenges and the difficulties of obtaining approvals to create a new path within or east of the dune system. There are regulatory limitations on what can be permitted east of the CCCL, or Collins Avenue; as such, allowable activities within the dunes and on the beach are limited, particularly once habitat has been established. The area east of the dunes must follow the CCCL Program established by Florida Statute 62B-33 Ch. 161 Beach and Shore Preservation. The CCCL program regulates structures and activities that can cause beach erosion, destabilize dunes, damage uplands, and interfere with public access; it aims to protect sea turtles and the overall health of the dunes. If the City were to proceed with creating a new parallel bike path, approvals through the CCCL program as a"new activity' would need to be obtained. A designated bike path would change the current nature of the existing sand. The City would need to prove that there would be no impact to sea turtles; because species such as Loggerhead, Green, and Leatherback sea turtles nest in soft sand, proof would be required that bike path activity would not impact the sand characteristics per the Endangered Species Act of 1973. If the City were to apply for a permit for a new bike path east of the dunes, it would be denied unless it could be demonstrated that the requirements of having no adverse impacts on the integrity of the dune system and sea turtle habitats were met. FDEP § 62B-33.005— General Criteria for Areawide and Individual Permits Section (3a) denies any application "for an activity which either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long- term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision; therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell." Section (9) requires "(a)II structures, except those required for public safety, beach access, and those associated with dune restoration and special events, shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm- induced erosion. ...."; public safety refers to lifeguard stands, towers, etc. Section (4) states: The Department shall issue a permit for construction which an applicant has shown to be clearly justified by demonstrating that all standards, guidelines, and other requirements set forth in the applicable provisions of part I, chapter 161, F.S., and this rule chapter are met, including the following: (a) The construction will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary, or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water; (b) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to Page 388 of 443 resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures; (c) The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts. For the purposes of this rule section, construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event. (d) The construction will not result in the net excavation of the in situ sandy soils seaward of the control line or 50-foot setback. (e) The construction will not cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact; (f) The construction will minimize the potential for wind and waterborne missiles during a storm; (h) The construction will not cause a significant adverse impact to marine turtles, or the coastal system CONCLUSION: The Administration recommends discussion by the Committee given the regulatory environment of creating a parallel bike path due to the State Statute and Coastal Construction Control Line requirements designed to regulate potential adverse impacts to sea turtles, the dune system, and the overall coastal environment. Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No ATTACHMENTS: Description Type D Referral Memo from 12.13.23 Commission Memo Page 389 of 443 New Business and Commission Requests - R9 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Mayor Steven Meiner DATE: December 13, 2023 SUBJECT: REFERRAL TO THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE TO DISCUSS PEDESTRIAN AND BICYCLE SAFETY ON THE BEACHWALK AND ANY OPTIONS FOR CREATING A BIKE PATH ON THE HARD PACKED SAND TO MINIMIZE THE INTERACTION BETWEEN BICYCLISTS AND PEDESTRIANS ON THE BEACHWALK. ANALYSIS The City's Beachwalk is a 7 mile oceanfront shared use path that is highly utilized by pedestrians, cyclists,joggers, and skaters. Since the completion of the Beachwalk, the City has experienced challenges with accommodating pedestrians and bicyclists, particularly along busy portions of the Beachwalk. Please place on the agenda a referral to the Public Safety and Neighborhood Quality of Life Committee to evaluate whether pedestrians and bicyclists could be separated from each other on the Beachwalk, by using the hardpacked sand located east of the dunes as a potential bike path. As part of this item, I would ask for the Administration to research and advise the Committee on the regulatory requirements for creating a low-impact bike path on the hard packed sand using sustainable materials (if any are needed). In addition, I would like for City staff to explore whether there are any other options that may be available to better mitigate the issues arising from the various shared uses on the busy Beachwalk, including widening portions of the Beachwalk wherever possible to ensure the Beachwalk is capable of handling existing and future traffic volumes. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION N/A Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Page 996 of 4425 Legislative Tracking Mayor Steven Meiner Page 997 of 4425 62B-33.005 General Criteria for Areawide and Individual Permits. (1)The beach and dune system is an integral part of the coastal system and represents one of the most valuable natural resources in Florida,providing protection to adjacent upland properties, recreational areas, and habitat for wildlife. The CCCL is intended to define that portion of the beach and dune system which is subject to severe fluctuations caused by a 100-year storm surge, storm waves,or other forces such as wind,wave,or water level changes.These fluctuations.are a necessary part,of the natural functioning of the coastal system and are essential to post-storm recovery, long term stability, and the preservation of the beach and dune system.The CCCL and 50-foot setback call attention to the special hazards and impacts associated with the use of such property,but do not preclude all development or alteration of coastal property seaward of such lines. (2) In order to demonstrate that construction is eligible for a permit, the applicant shall provide the Department with sufficient information pertaining to the proposed project to show that adverse and other impacts associated with the construction have been minimized and that the construction will not result in a significant adverse impact. (3)After reviewing all information required pursuant to this rule chapter,the Department shall: (a) Deny any application for an activity which either individually or cumulatively would result in a significant adverse impact including potential cumulative effects. In assessing the cumulative effects of a proposed activity, the Department shall consider the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles.Each application shall be evaluated on its own merits in making a permit decision;therefore,a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell. (b) Deny any application for an activity where the project has not met the Department's siting and design criteria; has not minimized adverse and other impacts,including stormwater runoff;or has not provided mitigation of adverse impacts. (4)The Department shall issue a permit for construction which an applicant has shown to be clearly justified by demonstrating that all standards,guidelines, and other requirements set forth in the applicable provisions of Part I,Chapter 161,F.S., and this rule chapter are met,including the following: (a) The construction will not result in removal or destruction of native vegetation which will either destabilize a frontal, primary,or significant dune or cause a significant adverse impact to the beach and dune system due to increased erosion by wind or water; • (b) The construction will not result in removal or disturbance of in situ sandy soils of the beach and dune system to such a degree that a significant adverse impact to the beach and dune system would result from either reducing the existing ability of the system to resist erosion during a storm or lowering existing levels of storm protection to upland properties and structures; (c)The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts.For the purposes of this rule section,construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event. (d)The construction will not result in the net excavation of the in situ sandy soils seaward of the control line or 50-foot setback; (e)The construction will not cause an increase in structure-induced scour of such magnitude during a storm that the structure- induced scour would result in-a significant adverse impact; (t)The construction will minimize the potential for wind and waterborne missiles during a storm; (g)The activity will not interfere with public access,as defined in Section 161.021,F.S.;and, (h)The construction will not cause a significant adverse impact to marine turtles,or the coastal system. (5) In order for a manmade frontal dune to be considered as a frontal dune defined under Section 161.053(5)(a)1., F.S., the manmade frontal dune shall be constructed to meet or exceed the protective value afforded by the natural frontal dune system in the immediate area of the subject shoreline. Prior to the issuance of a permit for a single-family dwelling meeting the criteria of Section 161.053(5)(c),F.S.,the manmade frontal dune must be maintained for a minimum of 12 months and be demonstrated to be as stable and sustainable as the natural frontal dune system. (6) Sandy material excavated seaward of the control line or 50-foot setback shall be maintained on site seaward of the control line or 50-foot setback and be placed in the immediate area of construction unless otherwise specifically authorized by the Department. (7)Only beach compatible fill shall be placed on the beach or in any associated dune system. All fill material placed seaward of the CCCL shall be sand which is similar to that already existing in the same fixed coastal cell in coloration, grain size, and composition. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. Such material shall be predominately of carbonate, quartz or similar material with a particle size distribution ranging between 0.062mm (4.00) and 4.76mm (-2.250) (classified as sand by either the Unified Soils or the Wentworth classification), shall be similar in color and grain size distribution(sand grain frequency, mean and median grain size and sorting coefficient)to the material in the existing coastal system at the placement area and shall not contain: (a)Greater than 5 percent,by weight,silt,clay or colloids passing the#230 sieve(4.0❑); (b)Greater than 5 percent,by weight,fine gravel retained on the#4 sieve(-2.250); (c) Coarse gravel, cobbles or material retained on the 3/4 inch sieve in a percentage or size greater than found at the placement area; (d)Construction debris,clay balls or foreign matter;or, (e)Material that results in cementation of the beach. The Department reserves the right to approve deviations from the above criteria, if those deviations would not increase the potential for adverse impacts to the coastal system. When requesting such deviations, the applicant shall provide fully documented evidence that would justify the deviations. (8)Swimming pools,wading pools,waterfalls,spas,or similar type water structures are expendable structures and shall be sited so that their failure does not have adverse impact on the beach and dune system, any adjoining major structures, or any coastal protection structure. Pools sited within close proximity to a significant dune shall be elevated either partially or totally above the original grade to minimize excavation and shall not cause a net loss of material from the immediate area of the pool. All pools shall be designed to minimize any permanent excavation seaward of the CCCL. (9) All structures, except those required for public safety,beach access, and those associated with dune restoration and special events, shall be located a sufficient distance landward of the beach and frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm-induced erosion. If such structure is proposed at a location where there is no frontal dune, but the project includes dune restoration to reestablish a frontal dune that is consistent with the frontal dune on adjacent properties, then the structure shall be located a sufficient distance landward of the beach and restored or reestablished frontal dune to permit natural shoreline fluctuations, to preserve and protect beach and dune system stability, and to allow natural recovery to occur following storm-induced erosion. Where a rigid coastal structure exists it must be certified by an engineer licensed in the State of Florida or determined by the Department to provide protective value from a 15-year or greater return interval storm event,and the proposed major structures shall be located a sufficient distance landward of the rigid coastal structure to allow for future maintenance or repair of the rigid coastal structure. Although fishing piers shall be exempt from this provision,their foundation piles shall be located so as to allow for the maintenance and repair of any rigid coastal structure that is located in close proximity to the pier. (10) If in the immediate area a number of existing major structures have established a reasonably continuous and uniform construction line and if the existing structures have not been unduly affected by erosion, except where not allowed by the requirements of Section 161.053(5),F.S.,and this rule chapter,the Department shall issue a permit for the construction of a similar structure up to that line. (11) In considering applications for single-family dwellings proposed to be located seaward of the 30-year erosion projection pursuant to Section 161.053(5), F.S., the Department shall require structures to meet criteria in Section 161.053(5)(c),F.S., and all other siting and design criteria established in this rule chapter. (12)In considering project impacts to native vegetation,the Department shall evaluate: (a)The type and extent of native vegetation; (b)The degree and extent of disturbance by invasive nuisance species and mechanical and other activities; (c)The protective value to adjacent structures and natural plant communities; (d)The protective value to the beach and dune system;and (e)The impacts to marine turtle nesting and hatchlings. The Department shall restrict activities that lower the protective value of natural and intact beach and dune, coastal strand, and maritime hammock plant communities. Activities that result in the removal of protective root systems or reduce the vegetation's sand trapping and stabilizing properties of vegetation are considered to lower its protective value. Construction shall be located, where practicable, in previously disturbed areas or areas with non-native vegetation in lieu of areas of native plant communities when the placement does not increase adverse impact to the beach and dune system. Planting of invasive nuisance plants, such as those listed in the Florida.Exotic Pest Plant Council's'2005 List,of Invasive Species—Categories I and II,will not be authorized if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. A copy of this list is available on the Internet at www.fleppc.org; or can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400; at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-2094. Special conditions relative to the nature, timing, and sequence of construction and the remediation of construction impacts shall be placed on permitted activities when necessary to protect native vegetation and native plant communities. A construction fence, a designated location for construction access or storage of equipment and materials, and a restoration plan shall be required if necessary for protection of existing native salt-tolerant vegetation during construction. (13) Special conditions relative to the nature,timing,and sequence of construction shall be placed on permitted activities when necessary to protect marine turtles and their nests and nesting habitat. In marine turtle nesting areas, all forms of lighting shall be shielded,and utilize long wavelength light sources only(e.g. 560 nanometers(nm)or longer and absent wavelengths below 560 nm) with all lamps recessed within well shielded, full cut-off fixtures or otherwise designed so as not to disturb marine turtles. Tinted glass or similar light control measures shall be used for windows and doors which are visible from the nesting areas of the beach. Tinted glass shall be 45 percent or less inside to outside light transmittance on,all non-opaque doors,walls,balcony, deck railings, and windows.The Department shall suspend any permitted construction when the permittee has not provided the required protection for marine turtles and their nests and nesting habitat. (14) Rebuilt pipelines and ocean outfalls crossing the beach and littoral zone, or the extension of existing pipelines or ocean outfalls, shall be designed to withstand at a minimum the erosion,scour, and loads accompanying a 20-year or greater storm event., Rebuilt pipelines and ocean outfalls shall be constructed below grade across the beach and-littoral zone. (15) Fishing or ocean piers or the extension of existing fishing or ocean piers shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year storm event. Pile foundations shall not obstruct the longshore sediment transport and shall be designed to minimize any impact to the shoreline or coastal processes. Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), (5), (6), (12), (17), (18), 161.085(1), (2)FS.History—New 11-18-80,Amended 3-17-85, 11-10-85,Formerly 16B-33.05, 16B-33.005,Amended 9-12-96,1-26-98,8-27-00,6- 13-04,5-31-07, 11-28-18.