(1) No spoil islands shall be developed except upon a clear showing that the development is in the public interest and hardship would result if the development was not authorized.
    (2) Proposals for public development of spoil islands may be authorized after comments have been solicited and received from the appropriate public agencies determining that the public interest would be served by the development.
    (3) Unauthorized structures that have been constructed on spoil islands shall be removed. The procedure for removal shall be as follows:
    (a) The individual claiming a possessory interest in any structure shall be served notice by certified mail that he is trespassing and that he must remove the structure within 120 days of receipt of the notice.
    (b) If the individual fails or refuses to remove the structure within 120 days of receipt of the notice, the board shall have the structure removed at the individual’s expense.
    (c) If the individual cannot be located, notice of trespass and intent to remove the structure shall be posted on the structure for 120 days prior to removal.
    (4) Continuing human habitation of any spoil islands is prohibited.
Rulemaking Authority Florida Statutes § 253.03(7). Law Implemented 253.03, 253.115 FS. History-New 9-26-77, Formerly 16C-12.05, 16Q-17.05, Amended 3-27-82, Formerly 16Q-21.12, 16Q-21.012.