LTC 419-2024 UPDATE ON THE MIAMI BEACH MARINE PARK OR MARINE CONSERVATION AREA EXPLORATIONDocusign Envelope ID: 90CB85F5-E20E-47C7-8882-DFACC2AA383A
MIAMI BEACH
OFFICE OF THE CITY MANAGER
LTC# 419-2024 LETTER TO COMMISSION
TO:
FROM:
Honorable Mayor Steven Meiner and Members of the City Commission
Eric Carpenter, City Manager ;:'.'tA£'., �
DATE:
SUBJECT:
September 23, 2024
UPDATE ON THE MIAMI BEACH MARINE PARK OR MARINE
CONSERVATION AREA EXPLORATION
The purpose of this Letter to Commission (L TC) is to update the Mayor and City Commission on
the coordination efforts to explore the feasibility of creating a Miami Beach Marine Park or Marine
Conservation Area in South Beach and the necessary regulatory approvals.
On June 26, 2024, the Mayor and City Commission approved Resolution No. 2024-33137 directing
the City Administration to prepare a Letter to Commission describing the necessary regulatory
approvals and feasibility of creating a Miami Beach Marine Park or Marine Conservation Area from
South Pointe Pier to Sixteenth Street (attached).
The City of Miami Beach is committed to the preservation, protection, and enhancement of our
natural resources. The waters off the Miami Beach Coast are home to a diverse marine ecosystem
consisting of endangered sea turtles utilizing our beaches as nesting habitat, a variety of tropical
fish, nurse sharks, endangered queen conch, seahorses, various hard corals and reef system.
While there is an existing boating restricted area demarcated by existing buoys, the creation of a
marine park or marine conservation area would need review, approval, and permitting from the
environmental regulatory agencies.
Environmental Regulatory Background
The Environment & Sustainability Department reached out directly to regulatory agencies for
further detailed information, specifically the Miami-Dade County Division of Environmental
Resources Management (DERM), Florida Fish and Wildlife Conservation Commission (FWC),
Florida Department of Environmental Protection (FDEP), U.S. Coast Guard (USCG), and U.S.
Army Corps of Engineers (USAGE) for regulatory feedback.
•DERM advised that a Class I Permit and application would be required for the proposed
buoys to create a marine park. It's important to note, that this would apply to any other
proposed structures to assist with the creation of a marine park or similar conservation
area. They would need assurance that the natural reefs would not be impacted by the park
creation and operation. In addition, maintenance of the buoys or any piles proposed in
perpetuity would be a condition of the Class I permit. Unless a structure is proposed, DERM
would not be able to memorialize the area for a certain use.
•FWC did not express major concerns about a proposed marine park or similar area off the
coast of Miami Beach and stated they would review the proposed Marine Park during the
permitting process and provide feedback on any proposed structures associated with the
Marine Park. It's important to note that FWC is a commenting agency for FDEP and
provides comments to FDEP through the regulatory process on specific projects.
Docusign Envelope ID:90CB85F5-E20E-4 7C7-88B2-DFACC2AA 383A
•FDEP specified that the creation of a marine park or conservation area would require an
Environmental Resource Permit (ERP).As part of the submittal,a benthic resource survey
and construction plans including maps of the reefs,locations of any buoys or structures,
and plans/details of the anchoring system would be required.
•The Department reached out to the USACE on numerous occasions but has not received
feedback.However,the USCG expressed interest in the project and stated the extension
of the swim zone and associated buoys would require review from FWC.As part of that
process,the USCG would offer a Letter of No Objection to the applicant if they do not object
to proposed location.If any mooring buoys are proposed to be placed,a U.S.Coast Guard
Private Aids to Navigation application would be required and the buoys would be assigned
a USCG Light List number and be included on any pertinent charts by NOAA.Finally,the
USCG indicated that permits and approvals from the USACE,FDEP,and any other
agencies would need to be provided to them for review as part of the permit application.
Due to the environmental agencies'collective requirement for comprehensive plans detailing the
marine park or conservation area design,a consultant familiar with marine and coastal engineering
and permitting would need to be engaged to develop the plans and navigate the environmental
permitting process.Additional considerations for construction if structures such as swim and
mooring buoys are proposed include staffing and enforcement of the area that would need to be
addressed through the City's budget process.
Should you have any additional questions,please contact Amy Knowles,Chief Resilience Officer/
Environment and Sustainability Director and Lindsey Precht,Environment and Sustainability
Department Assistant Director at lindseyprecht@miamibeachfl.gov.
Attachment A:Resolution No.2024-33137
MH/AK/LP/STaca
Docusign Envelope ID:90CB85F5-E20E-47C7-88B2-DFACC2AA383A
RESOLUTION NO.:2024-33137
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,DIRECTING THE CITY ADMINISTRATION TO
PREPARE A LETTER TO COMMISSION ON OR BEFORE SEPTEMBER 30,
2024,DESCRIBING THE NECESSARY REGULATORY APPROVALS AND
FEASIBILITY OF CREATING A MIAMI BEACH MARINE PARK OR MARINE
CONSERVATION AREA FROM SOUTH POINTE PIER TO SIXTEENTH
STREET.
WHEREAS,the Miami Beach shoreline just beyond the swimming buoys from South
Pointe Pier to Sixteenth Street and extending for up to 1600 feet from the shore is home to
nurse sharks,endangered green sea turtles,endangered queen conch,seahorses,endless
schools of tropical fish,and an impressive mix of hard coral,some of which is endangered;and
WHEREAS,the Miami Herald recently featured a front-page story dedicated to this little-
known ecosystem just off the City's shores.The article can be accessed at
https://ca.news.yahoo.com/underwater-jewel-lies-just-off-093000365.html;and
WHEREAS,this rare and fragile component of the City's natural resources could
become a valuable asset if protected with adequate safeguards and could attract residents and
desirable ecotourists who could provide an economic boost as they stay in our hotels,eat in our
restaurants,and charter dive shops in the area;and
WHEREAS,advertising billboard vessels as well as recreational boaters often traverse
the area where this nascent reef and ecosystem exist,sometimes dragging anchors and
sometimes endangering snorkelers and divers that the City wishes to encourage to visit and
enjoy the reef;and
WHEREAS,the Mayor and City Commission desire for the City Administration to explore
the regulatory approvals necessary,and the feasibility of,creating a Miami Beach Marine Park
or Marine Conservation Area from South Pointe Pier to Sixteenth Street,with the understanding
that the role of the City may be to advocate for such a park or conservation area with Miami-
Dade County and State of Florida agencies.
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 City Administration to prepare a Letter to Commission on or
before September 30,2024,describing the necessary regulatory approvals and feasibility of
creating a Miami Beach Marine Park or Marine Conservation Area from South Pointe Pier to
Sixteenth Street.
PASSED andADOPTED this :t,day of CT~
ATTEST~JUl -_J
2024
Steven Meiner,Mayor --
Rafael E.'Granado,City Clerk APPROVED AS TO.7'BS'FORM &LANGUAGE$4 "gs
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,o;\o.)'',3 a ..oi«?jj 36'ciyAtomey ,d Dateis""(
(sponsored by Commissioner Laura Dominguez,
co-sponsored by Commissioner David Suarez)
Co-Sponsored by Commissioner Tanya K.Bhatt
Docusign Envelope ID:90CB85F5-E20E-47C7-8882-DFACC2AA383A
Resolutions -C7 BE
MIAMI BEACH
COMMISSION MEMORANDUM
0:Honorable Mayor and Members of the City Commission
FROM:City Attorney Ricardo J.Dopico
DATE:June 26,2024
TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,.FLORIDA,DIRECTING THE CITY ADMINISTRATION TO
PREPARE A LETTER TO COMMISSION ON OR BEFORE SEPTEMBER 30,2024,
DESCRIBING THE NECESSARY REGULATORY APPROVALS AND FEASIBILITY
OF CREATING A MIAMI BEACH MARINE PARK OR MARINE CONSERVATION
AREA FROM SOUTH POINTE PIER TO SIXTEENTH STREET.
ANALYSIS
This Resolution is presented for consideration by the Mayor and City Commission by the sponsor,
Commissioner Laura Dominguez.It is cosponsored by Commissioner David Suarez.
FISCAL IMPACT STATEMENT
N/A
Applicable Area
Citywide
Is this a "Residents Right to Know"item,
pursuant t City Code Section 2.47?
No
Is this item related to a G.O.Bond
Project?
No
Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec.2-481,
includes a principal engaged in lobbying?No
If so,specify the name of lobbyist(s)and principal(s):
Department
City Attorney
Sponsor(s]
Commissioner Laura Dominguez
Co-sponsor(s}
Commissioner David Suarez
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