Alligator Creek Proposed Slow Speed / No Wake Zone

NOTICE IS HEREBY GIVEN that on September 22, 2020, the Florida Fish and Wildlife Conservation Commission (Commission) received a complete application from Charlotte County requesting approval of a draft ordinance to establish a Slow Speed Minimum Wake boating-restricted area within Alligator Creek pursuant to Section 327.46(1)(c), Florida Statutes (F.S.) and Rule 68D-21.004, Florida Administrative Code (F.A.C.). 

 

The Slow Speed Minimum Wake boating-restricted area would be within Alligator Creek to include those waters of Alligator Creek, a tributary of Charlotte Harbor, and its 62 appurtenant finger canals and natural tributaries, including but not limited to North 63 Fork Alligator Creek and South Fork Alligator Creek, northeasterly from 64 26°52'57.46" 26°53'0.33" north latitude, 82°03'39.16" 82°3'36.95" west longitude, 65 upstream to the limit of continuous navigation (see attached map for details). Charlotte County contends that the boating safety zone is needed to protect public safety from hazards such as vessel traffic entering and exiting Alligator Creek which presents a blind corner and an obstruction to visibility that may obscure other vessels or other users of the waterway. Charlotte County is required to provide competent substantial evidence that the ordinance establishing the boating-restricted area is necessary to protect the safety of the public.

 

As a part of Charlotte County’s ordinance review application, they have provided evidence in support of the proposed zone to the Commission. At this time the draft ordinance has been approved by the Commission based upon the evidence submitted.

 

As required by Rule 68D-21.001(3), F.A.C., Charlotte County will publish as provided by Sections 50.011-.031, F.S., once a week for two consecutive weeks, notice of the public hearing on their ordinance in a newspaper of general circulation in the area affected by the ordinance. Charlotte County is required to adopt the Commission approved draft ordinance without amendment. 

 

PUBLIC PARTICIPATION: Pursuant to Rules 68D-21.002, and 68D-21.003, F.A.C., comments regarding this request will be accepted no more than 21 calendar days from the date of publication/distribution of this public notice.  Public may provide written comments, recommendations, requests, inquiries, or other correspondence to the Boating and Waterways Section at 620 South Meridian Street, Tallahassee, FL 32399-1600; or by email at waterway.management@myfwc.com. The Commission will conduct a public hearing within Charlotte County if a written request for such a hearing is received within 21 days following this notice.

 

DUE DATE: Thursday October 15, 2020 (5:00 PM EST)

 

ATTACHMENT: Alligator Creek Proposed Zone Map.pdf

 

A COPY OF THE APPLICATION CAN BE OBTAINED BY EMAIL (IN PDF FORMAT) OR BY US MAIL.  Please submit your request directly to waterway.management@myfwc.com or contact Boating and Waterways Section at (850) 488-5600.

 

• Alligator Creek Proposed Zone Map.pdf