LETTS, Judge.
This appeal is taken from a Final Order entered by the Land and Water Adjudicatory Commission, its members consisting of the Governor and the Cabinet. The Commission's order rescinded a permit, issued by the South Florida Water Management District, over the objections of its own professional staff, which authorized the construction of a 209 unit condominium complex with accompanying marina, restaurant and lounge. The actual site approved is to be found on Torry Island in Lake Okeechobee, inside the Herbert Hoover Dike and adjacent to the Rim Canal. Currently, a small fishing camp is to be found at that location.
We affirm the Commission's Final Order and in so doing reproduce it, in its entirety, except for attachments, as follows:
FINAL ORDER
"This appeal came before the Land and Water Adjudicatory Commission (Commission) pursuant to Section 373.114, Florida Statutes, on April 1, 1986, in Tallahassee, Florida, for review of Surface Water Management Permit No. 50-01420-S issued by the South Florida Water Management District (the District) to George Michael Challancin and James Richard Challancin (Applicants) for a project known as J-Mark Fishing Village in Palm Beach County.
"The Florida Audubon Society and the Audubon Society of the Everglades (Audubon) filed a petition for this administrative proceeding with the Commission on January 28, 1986. Audubon argued that the permit issued by the District is inconsistent with Chapters 373 and 187, F.S., and various rules adopted by the District and the Department of Environmental Regulation.
"On March 17, 1986, the Department of Environmental Regulation (the Department) submitted a recommendation pursuant to Section 27G-1.13(7), F.A.C. The Department recommended that the Commission remand the permit to the District and direct the District to institute revocation proceedings based on the applicant's failure to comply with Section 3.1.2 of the Basis of Review for Surface Water Management Permit Applications within the South Florida Water Management District (Basis of Review).
"A Motion to Remand to the District and a Response in Opposition were filed with the Commission by the District and Applicants, respectively.
FINDINGS OF FACT
"The Commission adopts and incorporates in this order the facts set forth in the permit application, the staff report prepared by the District, and the transcript of proceedings before the District on January 9, 1986 (attached as Exhibits A, B and C, respectively).
"In relevant part, those facts reflect that in October 1985, the applicants applied to the District for a general permit for a surface water management system. Applicants intend to develop a 209 unit condominium, a restaurant, pool, lounge and an existing boat basin and marina. The application represented that the applicant had acquired sketch plan approval from the City of Belle Glade.
"The development is located on Torry Island in Lake Okeechobee. The site and the lake lie entirely within the Herbert Hoover Dike. The dike surrounds the lake and functions as a water control structure. The District actively manages Lake Okeechobee which is Florida's largest reservoir for flood control and fresh water supply.
"In 1978, the District paid $225,000.00 for a flowage easement allowing the District to raise the level of Lake Okeechobee to 19.5 feet.
CONCLUSIONS OF LAW
"(1) The Commission has jurisdiction over the subject matter of these proceedings
"(2) Section 373.114(c), F.S., provides:
pursuant to Section 373.114(1)(a), F.S. Audubon is an affected person and Surface Water Management Permit No. 50-01420-S issued by the District has statewide or regional significance.
"If the Land and Water Adjudicatory Commission determines that a rule or order is not consistent with the provisions and purposes of this chapter, it may, in the case of a rule, require the water management district to initiate rulemaking proceedings to amend or repeal the rule or, in the case of an order, rescind or modify the order or remand the proceeding to the water management district for further action consistent with the order of the Land and Water Adjudicatory Commission.
"(3) Section 3.1.2 of the Basis of Review states that 'Before an Application will be considered for the issuance of a Construction or Operation Permit, the proposed land use must be compatible with the existing zoning. (Merely making application to local government for rezoning of the land will not suffice; any necessary rezoning must be officially obtained prior to the issuance of this District's permit for construction or operation.)'
"The applicant filed a notice of intent for a general permit. Under Rule 40E-40.112(2)(d), F.A.C., the applicant is required to submit 'evidence from the local government verifying zoning compatability.' In submitting the project the applicant indicated that 'the City of Belle Glade issued "sketch plan" approval at the August 12, 1985 City Commission meeting.'
"The City of Belle Glade has a three step zoning process. The sketch plan approval is an initial step which does not rezone the property.
"At present, the property does not have the required zoning for the proposed use. Therefore, the permit application is inconsistent with Section 3.1.2 of the Basis of Review, and 40E-4.301(1)(j)(2), F.A.C.
"(4) 40E-4.101(1)(c), F.A.C., requires that all applications for permits filed with the District contain 'Drawings, calculations, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed.' The application submitted to the District Governing Board for a surface water management permit failed to include any documentation reflecting the applicant's plans to expand the marina facility from 66 to 110 wet boat slips and the addition of 61 dry boat storage spaces. The fact that the District did not have the complete plans precluded the District from adequately determining the relative impacts from such an expansion prior to issuing the surface water management permit.
"(5) Rule 40E-4.301(1), F.A.C., requires that prior to issuing a permit the applicant must give reasonable assurances that the surface water management system:
"(b) will not cause adverse water quality and quantity impacts on receiving waters and adjacent lands regulated pursuant to Chapter 373, Florida Statues,
"(d) will not cause adverse impacts on surface and groundwater levels and flows,
"(1) will not otherwise be harmful to the water resources of the District, and will not interfere with the legal rights of others, as defined in Rule 17-40.07, ...
"The proper management of Lake Okeechobee, according to the uncontested facts, is an essential part of the District's water management project. The presence of individuals inhabiting 209 condominium units on Torry Island will impinge upon the District's ability to regulate the level of Lake Okeechobee. Chapter 373, F.S., provides a statutory frame work for water management and requires evaluation of conservation and protection of natural resources and protection of the integrity of the levee system and the water control system.
"In the event of a storm, the District may not be able to adequately protect the citizens of South Florida by raising the lake to a sufficient level in order to provide for flood control or water storage due to a concern for the safety of the large numbers of permanent residents at the J-Mark Fishing Village.
"(6) Rule 40E-4.301(1)(i), F.A.C., further requires that the District determine that the project is 'the most publicly acceptable alternative available.' Allowing high-density permanent residences on an island inside of the dike of Lake Okeechobee poses not only a public safety hazard, but directly conflicts with the stated policy of the State of Florida to restore and protect the natural values of Lake Okeechobee.
"(7) Rule 40E-4.301(1)(m), F.A.C., requires the applicant to provide reasonable assurances that the construction and operation permit 'is not against public policy.'
"The State of Florida has a clearly stated policy of restoring and protecting Lake Okeechobee. In 1973, the Florida Legislature recognized the sifnificance [sic] of this state resource and authorized the 'Special Project to Prevent Eutrophication of Lake Okeechobee.' In 1986, the Florida Department of Environmental Regulation 9DER submitted a report to Governor Graham concerning the perilous state of the lake. DER stressed in its report that 'time is running out to save this magnificant resource.' This permit directly conflicts with the public policy and objectives of the State of Florida.
RECOMMENDATION
"Based upon the foregoing Findings of Fact and Conclusions of Law it is hereby ordered:
"(1) The Request for Review filed by Florida Audubon Society and the Audubon Society of the Everglades is granted and Surface Water Management Permit No. 50-01420-S issued by the South Florida Water Management District Governing Board is rescinded.
"(2) The Motion to...
