reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.005 - General Criteria for Areawide and Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.007 - Structural and Other Requirements Necessary for Permit Approval (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.052(11),
					 161.053(20) FS.
					 Law Implemented 161.052(2),
					 161.053(2), (4)
					 FS.
New 11-18-80, Amended 3-17-85, 11-10-85, Formerly
					 16B-33.07, Amended 5-12-92, Formerly 16B-33.007, Amended 9-12-96, 1-26-98,
					 8-27-00, 12-31-01, 6-13-04, 5-31-07, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.0085 - Application Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				application for a new permit or for a change in permit status to be considered
				by the Department pursuant to section
				 161.053, F.S., or this chapter,
				except the applications listed in paragraphs
				 62B-33.0085(1)(a) through
				(f), F.A.C., shall be accompanied by a fee.
				Monies from fees assessed pursuant to this rule section shall be deposited into
				the Florida Permit Fee Trust Fund. A 10 percent discount to the fees in this
				chapter shall be applied to applications submitted electronically pursuant to
				rule  62B-33.0086, F.A.C. No fee shall
				be assessed for:
(a) Applications pursuant to
				rule  62B-33.014, F.A.C., Emergency
				Procedures;
(b) Applications filed
				by agencies of government of the executive branch of the State of
				Florida;
(c) Applications for
				permits pursuant to section
				 161.052, F.S., for work to be
				conducted in counties where no CCCL has been established pursuant to section
				 161.053, F.S.;
(d) Field permits;
(e) Determination of exemptions; or
(f) Requests for permit
				transfer.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.0086 - Electronic Submittals

Current through Reg. 50, No. 138; July 16, 2024
An electronic application ("Application for a Permit for
				  Construction Seaward of the CCCL or 50-Foot Setback" - DEP Form 73-100),
				  adopted and incorporated by reference in subsection
				   62B-33.008(1),
				  F.A.C., must be submitted to the Department via email at CCCL@dep.state.fl.us,
				  together with the appropriate fee listed in rule
				   62B-33.0085, F.A.C., to obtain a
				  CCCL permit. Information saved on an electronic storage device can be mailed to
				  2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400. If the
				  applicant provides a written statement that the electronic submittal
				  requirements pose a substantial technical or financial hardship, the electronic
				  submittal requirements may be waived, and the documents may be submitted to the
				  above address. When submitting the electronic information, the applicant shall
				  use the following standards:
(1)
				Submit the "Application for a Permit for Construction Seaward of the CCCL or
				50-Foot Setback" (DEP Form 73-100), adopted and incorporated by reference in
				subsection  62B-33.008(1),
				F.A.C., in a searchable electronic format. The Department encourages property
				owners to complete their application online at the link below and submit the
				completed application via email following the instructions given on the
				website;
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms
;
(2) Submit geotechnical data in electronic
				file format;
(3) Submit Geographic
				Information System (GIS) data (.shp, .dwg or .dxf or other GIS compatible
				format) that has been projected into the appropriate Florida State Plane
				coordinate system. Metadata shall be included using the Federal Geographic Data
				Committee (FGDC) standard. Metadata may be submitted in .xml format if included
				as part of the shapefile, in a .txt file if sent separately, or other
				convertible file;
(4) Use
				electronic signatures, pursuant to chapter 668, F.S.;
(5) Use electronic professional
				certifications, pursuant to section
				 471.025, F.S.;
(6) Appendices or attachments shall be
				indexed to the CCCL Application; and
(7) Submit the application and cover letter
				by email; or to a web page set up by the Department to receive electronic
				applications; or on an electronic storage device mailed to the Department of
				Environmental Protection, 2600 Blair Stone Road, Mail Station 3522,
				Tallahassee, Florida 32399-2400.
Rulemaking Authority 20.255(8), 161.052(11), 161.053(20),
					 668 FS. Law Implemented 20.255(8), 161.052(2), 161.053(2), (4), 403.061(44),
					 471.025, 668 FS.
New 11-28-18.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.014 - Emergency Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) A "shoreline
				emergency" declared by the Governor or the Department is any unusual incident
				resulting from a hurricane, storm, or other violent coastal disturbance that
				has resulted in erosion, beach or coastal damage, sudden and unpredictable
				hazards to navigation, damage to upland structures, or any other unusual
				incident from natural or unnatural causes that endangers the coastal system or
				health, safety, welfare, or resources of the citizens of the state. Permits
				approved under the emergency procedures described in this rule section are
				intended to alleviate conditions resulting from a shoreline emergency and for
				purposes of this rule section shall be referred to as "emergency
				permits."
(2) Once a state of
				emergency is declared by either Executive Order of the Governor, pursuant to
				section  252.36, F.S., or by the
				Secretary, pursuant to section
				 120.569(2)(n),
				F.S., the following emergency procedures shall be followed:
(a) Designated representatives of the
				Department shall process emergency permits upon the request for an emergency
				field permit or the submittal of an emergency permit application. All
				construction shall be reasonably expected to be completed within ninety (90)
				days of permit issuance;
(b)
				Emergency field permits that are processed pursuant to this chapter, may be
				issued for construction, including but not limited to:
1. Temporary or remedial activities to
				protect structures;
2. Repair or
				replace minor structures, including dune walkovers, retaining walls, decks, and
				gazebos;
3. Dune restoration with
				beach compatible sand; and
4.
				Repair or replacement of minor damages to coastal armoring structures,
				including bulkhead or seawall caps, return walls, tiebacks, individual sheet
				piles, and armor stone; and other similar activities.
(c) Emergency permit applications may be
				submitted for the following activities: permanent foundation repair to major
				structures, repair or reconstruction of major structures, or repair or
				reconstruction of major damages to coastal armoring structures. The request
				shall be submitted to the Department at CCCL@dep.state.fl.us using the form
				entitled "Emergency Permit Application Pursuant to section
				 161.052 or
				 161.053, F.S." - DEP Form 73-303
				(New 12/06), which is hereby adopted and incorporated by reference;
(d) Processing fees for emergency permits
				shall be waived;
(e) Information
				requirements of this rule chapter shall be deferred if the delay necessary to
				gather and submit the information will compound the emergency; and,
(f) Public notice procedures shall be
				waived.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-33 - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) › Section 62B-33.024 - Thirty-Year Erosion Projection Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) A 30-year erosion projection (30-YEP) is
				the projection of long-term shoreline recession occurring over a period of 30
				years based on shoreline change information obtained from historical
				measurements. A 30-YEP of the location of the seasonal high water line (SHWL)
				shall be made by the Department on a site specific basis upon receipt of an
				application with the required topographic survey, pursuant to rules
				 62B-33.008 and
				 62B-33.0081, F.A.C., for any
				activity affected by the requirements of section
				 161.053(5),
				F.S., except applications for those structures located landward of a General
				Permit Line established under chapter 62B-34, F.A.C. An applicant may submit a
				proposed 30-YEP for a property, certified by a professional engineer licensed
				in the state of Florida, to the Department for consideration.
(2) A 30-YEP shall be determined using one or
				more of the following procedures:
(a) The
				Department shall determine the 30-YEP for beaches where there is no beach
				nourishment or restoration project, and no coastal armoring, and the beaches
				that are not adjacent to an inlet, as follows: An average annual shoreline
				change rate (SCR) in the location of the MHWL at a Department reference survey
				monument shall be determined as set forth in subparagraphs
				 62B-33.024(2)(a) 
				1. through 3., F.A.C., and multiplied by 30 years (Calculated Erosion
				Distance). The location of the 30-YEP is determined by projecting the location
				of the existing SHWL, as depicted on the application survey, landward by the
				Calculated Erosion Distance (SCR x 30 years). (see Figures 1 and 3):
1. The SCR shall be derived from historical
				shoreline data obtained from coastal topographic surveys and maps, controlled
				aerial photography, and similar sources approved by the Department. Data from
				periods of time that clearly do not represent current prevailing coastal
				processes acting on or likely to act on the site shall not be used.
2. The SCR shall include the zone spanned by
				three adjacent Department reference monuments on each side of the site. A
				lesser or greater number of reference monuments can be used as necessary to
				obtain a rate representative of the site, and a rationale for such use shall be
				provided.
3. In areas that the
				Department determines to be either stable or accreting, a minus one-foot per
				year SCR shall be applied as a conservative estimate.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.020 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.053(18),
					 (20) FS. Law Implemented
					 161.053(18)
					 FS.
New 3-27-03, Amended 11-21-05, Repealed
					 2-8-17.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.030 - Application Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				wishing to use a General Permit shall provide a notice of intent to engage in
				activities under the General Permit by submitting to the Department the
				appropriate application fee required by rule
				 62B-34.040, F.A.C., along with a
				completed application, using DEP Form #73-101 entitled "Application for a
				General Permit for Construction or Other Activities Seaward of the Coastal
				Construction Control Line, " October 2018, which is hereby adopted and
				incorporated by reference, located here:
http://www.flrules.org/Gateway/reference.asp?No=Ref-09947
.
				The Department must receive the completed application at least 30 days before
				the applicant begins any work. Copies of the application form may be obtained
				by contacting the Department or by accessing the Department's website at
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms
or by telephoning (850)245-8336. The application can include one or more of the
				activities that qualify for a General Permit under this chapter.
(a) Each application must be accompanied by
				the appropriate processing fee. The fee shall be paid by check, payable to the
				Department of Environmental Protection. The fee is non-refundable except as
				provided in section  120.60, F.S., and in this rule
				chapter. An application received without the required fee shall be returned to
				the applicant.
(b) Upon receipt of
				an application and the appropriate fee, the permit processing time, pursuant to
				the requirements of section
				 161.053, F.S., and chapter 62-4,
				F.A.C., shall begin.
(c) If an
				applicant submits an application fee in excess of the required fee, the
				Department shall refund to the applicant the amount received in excess of the
				required fee.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.040 - Application Fees and Information Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each application for a permit or for a
				change in permit status to be considered by the Department pursuant to Section
				 161.053, F.S., or this chapter
				shall be accompanied by a fee. Monies from fees assessed pursuant to this
				chapter shall be deposited into the Florida Permit Fee Trust Fund.
(a) For applications for one activity or
				structure the fee schedule shall be as assessed below:
1. Minor Structures: $100.
2. Dune Restoration: $100.
3. Non-habitable Major Structures:
				$300.
4. Swimming Pools:
				$300.
5. Single-Family Dwellings:
				$500.
6. Minor Reconstruction of
				Armoring: $300.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.060 - Non-Habitable Major Structures Including Swimming Pools at Single-Family Dwellings

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability.
				The following activities shall qualify for a General Permit subject to the
				criteria and conditions set forth in this rule:
(a) New construction of non-habitable major
				structures including a swimming pool associated with a single-family
				dwelling.
(b) Additions to an
				existing non-habitable major structure.
(c) Repair or rebuilding of an existing
				non-habitable major structure.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.070 - Single Family Dwellings

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applicability. The following activities qualify for a General Permit, subject
				to the criteria and conditions set forth in chapter 62B-34, F.A.C.:
(a) New construction of a single-family
				dwelling.
(b) Rebuilding, as
				defined by rule  62B-33.002, F.A.C., of a single
				family dwelling.
(c) Additions to
				an existing single family dwelling in the landward or shore-parallel direction,
				provided the additions do not cause the footprint area and shore-parallel
				coverage of the combined existing structure and additions to exceed those
				dimensional limitations set forth in subsection
				 62B-34.080(3),
				F.A.C.
(d) Additions to an existing
				single family dwelling in the seaward direction, provided:
1. The seaward most part of the addition
				shall be sited at or landward of the seaward limit of construction established
				by subsection  62B-34.070(2),
				F.A.C.; and,
2. The additions do
				not cause the footprint area and shore-parallel coverage of the combined
				existing structure and additions to exceed those dimensional limitations set
				forth in this rule subsections
				 62B-34.070(3) 
				and  62B-34.080(3),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.080 - Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings Independent of a General Permit Line, Second Line of Construction or Major Road

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability.
				The activities described in subsections
				 62B-34.060(1) 
				and  62B-34.070(1),
				F.A.C., qualify for a General Permit, subject to the criteria and conditions
				set forth in this Chapter. In addition to the criteria below, proposed
				structures and activities shall meet all other applicable provisions of chapter
				62B-34, F.A.C.
(2) The seaward
				limit of construction activities allowed under this section shall be determined
				by satisfying all of the following criteria:
(a) The proposed structures shall remain
				landward of the first line of construction.
(b) The proposed structures shall remain
				landward of the 30-year erosion projection as determined in accordance with the
				methodology established in the rule
				 62B-33.024, F.A.C.
(c) If there is no armoring on the parcel
				where the structure is proposed, the seaward limits of construction shall be:
1. A minimum of 25 feet landward of the
				primary dune feature.
2. A minimum
				of 50 feet landward of the top of the bluff, with a bluff height greater than
				15 feet.
3. A minimum of 100 feet
				landward of the vegetation line, where the profile does not have certified
				armoring, a primary dune, or a bluff greater than 15 feet high.
4. A minimum of 250 feet landward of the
				Erosion Control Line or a minimum of 250 feet landward of the Mean High Water
				Line, whichever is more landward, where conditions contained in subparagraphs
				 62B-34.080(2)(c) 
				1. through 3., F.A.C., do not exist.
(d) If there is armoring on the parcel where
				the structure is proposed:
1. The proposed
				structures shall be sited landward of any existing tie-back or anchoring system
				of the armoring, or a sufficient distance landward of the armoring to allow for
				future maintenance or repair of the armoring structure, whichever is more
				landward, if the armoring is certified by an engineer licensed in the State of
				Florida or where the Department determines to provide protective value from a
				15-year or greater return interval storm event; or
2. The proposed structures shall be sited to
				meet the criteria specified under subparagraphs
				 62B-34.080(2)(c) 
				1. through 4., F.A.C., if the armoring does not provide protective value from a
				15-year or greater return interval storm event.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.085 - Minor Reconstruction of Existing Coastal Armoring Structures

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability. Minor reconstruction of
				existing coastal armoring structures qualifies for a General Permit subject to
				the criteria and conditions set forth in this chapter.
(2) Minor reconstruction shall be limited to
				the repair of an existing functional, and intact armoring structure which is
				necessary to maintain the structural and functional integrity of the structure
				as originally constructed and includes the following:
(a) The repair or replacement of
				caps.
(b) The repair or replacement
				of anchoring systems landward of the armoring.
(c) The repair or replacement of return
				walls.
(d) The repair or
				replacement of individual sheet piles, walers, posts, and planks.
(e) The replacement of individual armor or
				chink stones over sloping rock revetments.
(f) The placement of sand landward of
				existing armoring meeting the requirements of chapter 62B-33,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.090 - Dune Restoration

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicability.
				The following dune restoration activities qualify for a General Permit subject
				to the criteria and conditions set forth in this rule:
(a) Placement of sand on an eroded or damaged
				dune or dune bluff,
(b) Planting
				native vegetation on the dune, and
(c) Installation of sand
				fencing.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.210 - Escambia County

Current through Reg. 50, No. 138; July 16, 2024
The legal description for the Escambia County General Permit
				  Line is based on the Official Map of Record of the Coastal Construction Control
				  Line (CCCL), previously established in compliance with Section
				   161.053, F.S., and recorded June
				  19, 1986 in "Plat book 13, Page 23, sheets A through O, inclusive, " of the
				  public records of Escambia County, Florida, said General Permit Line being more
				  particularly described as follows:
COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
				  (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE
				  MONUMENT (PRM) 48-84-B17 AND RUN THENCE S 18 DEG. 12 MIN. 25 SEC. W A DISTANCE
				  OF 605.80 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 79
				  DEG. 06 MIN. 05 SEC. E A DISTANCE OF 615.00 FEET TO A POINT, SAID POINT BEING
				  THE POINT OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE
				  LEAVING SAID COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 09 DEG. 44 MIN. 27
				  SEC. E A DISTANCE OF 101.78 FEET TO A POINT, THENCE N 79 DEG. 40 MIN. 33 SEC. E
				  A DISTANCE OF 1, 977.20 FEET TO A POINT, THENCE S 10 DEG. 11 MIN. 35 SEC. E A
				  DISTANCE OF 25.00 FEET TO A POINT, THENCE N 79 DEG. 23 MIN. 06 SEC. E A
				  DISTANCE OF 1, 069.52 FEET TO A POINT, THENCE N 82 DEG. 23 MIN. 25 SEC. E A
				  DISTANCE OF 853.09 FEET TO A POINT, THENCE N 80 DEG. 05 MIN. 29 SEC. E A
				  DISTANCE OF 950.36 FEET TO A POINT, THENCE N 79 DEG. 25 MIN. 53 SEC. E A
				  DISTANCE OF 1, 984.01 FEET TO A POINT, THENCE N 76 DEG. 37 MIN. 33 SEC. E A
				  DISTANCE OF 944.05 FEET TO A POINT, THENCE N 79 DEG. 12 MIN. 36 SEC. E A
				  DISTANCE OF 1, 013.13 FEET TO A POINT, THENCE N 79 DEG. 08 MIN. 06 SEC. E A
				  DISTANCE OF 1693.07 FEET TO A POINT, THENCE N 08 DEG. 49 MIN. 00 SEC. W A
				  DISTANCE OF 25.02 FEET TO A POINT, THENCE N 79 DEG. 01 MIN. 38 SEC. E A
				  DISTANCE OF 200.66 FEET TO A POINT, THENCE N 79 DEG. 04 MIN. 30 SEC. E A
				  DISTANCE OF 1, 122.57 FEET TO A POINT, THENCE N 78 DEG. 05 MIN. 53 SEC. E A
				  DISTANCE OF 755.95 FEET TO A POINT, THENCE S 14 DEG. 16 MIN. 06 SEC. E A
				  DISTANCE OF 25.02 FEET TO A POINT, THENCE N 78 DEG. 05 MIN. 53 SEC. E A
				  DISTANCE OF 175.73 FEET TO A POINT, THENCE N 78 DEG. 11 MIN. 47 SEC. E A
				  DISTANCE OF 1, 018.19 FEET TO A POINT, THENCE N 78 DEG. 00 MIN. 31 SEC. E A
				  DISTANCE OF 925.54 FEET TO A POINT, THENCE N 08 DEG. 40 MIN. 43 SEC. W A
				  DISTANCE OF 143.47 FEET TO A POINT, SAID POINT BEING LOCATED ON THE
				  AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF
				  TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.
Rulemaking Authority
					 161.053(18),
					 (20) FS. Law Implemented
					 161.053(4), (18),
					 (21)
					 FS.
New 4-7-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-34 - GENERAL PERMITS FOR ACTIVITIES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE › Section 62B-34.220 - Franklin County

Current through Reg. 50, No. 138; July 16, 2024
The legal description for the Franklin County General Permit
				  Line is based on the Official Map of Record of the Coastal Construction Control
				  Line (CCCL), previously established in compliance with Section
				   161.053, F.S., and recorded
				  April 30, 1984 in the "CCCL Book, " Pages 1 through 10, of the public records
				  of Franklin County, Florida, said General Permit Line being more particularly
				  described as follows:
COMMENCE AT FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
				  (FORMERLY FLORIDA DEPARTMENT OF NATURAL RESOURCES [DNR]) PERMANENT REFERENCE
				  MONUMENT (PRM) 49-80-B12 AND RUN THENCE S 60 DEG. 51 MIN. 46 SEC. E A DISTANCE
				  OF 369.12 FEET TO A POINT ON THE COASTAL CONSTRUCTION CONTROL LINE; THENCE N 64
				  DEG. 42 MIN. 53 SEC. E A DISTANCE OF 968.27 FEET TO A POINT, THENCE N 65 DEG.
				  22 MIN. 40 SEC. E A DISTANCE OF 1, 130.82 FEET TO A POINT, THENCE N 67 DEG. 33
				  MIN. 16 SEC. E A DISTANCE OF 530.25 FEET TO A POINT, SAID POINT BEING THE POINT
				  OF BEGINNING OF THE HEREIN DESCRIBED GENERAL PERMIT LINE; THENCE LEAVING SAID
				  COASTAL CONSTRUCTION CONTROL LINE RUN: THENCE S 22 DEG. 26 MIN. 46 SEC. E A
				  DISTANCE OF 139.40 FEET TO A POINT, THENCE N 67 DEG. 19 MIN. 01 SEC. E A
				  DISTANCE OF 585.74 FEET TO A POINT, THENCE N 67 DEG. 45 MIN. 25 SEC. E A
				  DISTANCE OF 991.53 FEET TO A POINT, THENCE N 68 DEG. 31 MIN. 40 SEC. E A
				  DISTANCE OF 1, 042.20 FEET TO A POINT, THENCE N 70 DEG. 38 MIN. 56 SEC. E A
				  DISTANCE OF 1, 065.53 FEET TO A POINT, THENCE N 70 DEG. 07 MIN. 00 SEC. E A
				  DISTANCE OF 1, 021.05 FEET TO A POINT, THENCE N 72 DEG. 04 MIN. 17 SEC. E A
				  DISTANCE OF 1, 017.10 FEET TO A POINT, THENCE N 72 DEG. 38 MIN. 48 SEC. E A
				  DISTANCE OF 1, 040.36 FEET TO A POINT, THENCE N 70 DEG. 42 MIN. 49 SEC. E A
				  DISTANCE OF 980.46 FEET TO A POINT, THENCE N 72 DEG. 27 MIN. 48 SEC. E A
				  DISTANCE OF 715.05 FEET TO A POINT, THENCE N 17 DEG. 36 MIN. 40 SEC. W A
				  DISTANCE OF 126.20 FEET TO A POINT, SAID POINT BEING LOCATED ON THE
				  AFOREMENTIONED COASTAL CONSTRUCTION CONTROL LINE AND BEING THE POINT OF
				  TERMINUS OF THE HEREIN DESCRIBED GENERAL PERMIT LINE.
Rulemaking Authority
					 161.053(18),
					 (20) FS. Law Implemented
					 161.053(4), (18),
					 (21)
					 FS.
New 4-7-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-36 - BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM › Section 62B-36.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The Beach Management Funding Assistance Program works in
				  concert with local sponsors to achieve protection, preservation, restoration,
				  and nourishment of the sandy beaches fronting the Atlantic Ocean, the Gulf of
				  Mexico and the Straits of Florida, and for the management of inlets to
				  replicate the natural drift of sand interrupted by improved, modified, or
				  altered inlets. Annually, the Department requests funding from the Legislature
				  to implement the program and when appropriations are made by the legislature,
				  enters into cost sharing agreements with local sponsors for the implementation
				  of beach and inlet management projects. This Rule Chapter establishes funding
				  request procedures, project ranking criteria, cost sharing procedures and
				  project agreement requirements pursuant to Sections
				   161.088,
				   161.091,
				   161.101,
				   161.142,
				   161.143, and
				   161.161, F.S.
Rulemaking Authority 161.101(21), 161.143(6)
					 161.161(7) FS.
					 Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (11), (12),
					 (14), (15), (16), (17), (18), (19), (20), 161.142(1), (2), (4), (5), (6), (7),
					 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6)
					 FS.
New 6-10-83, Formerly 16B-36.01, 16B-36.001, Amended
					 12-25-03, 8-5-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-36 - BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM › Section 62B-36.005 - Annual Funding Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) Annual
				funding requests for cost sharing of beach management projects shall be
				submitted by the local sponsor to the Department. Projects previously
				submitted, but not funded, and projects with cost overruns may be included.
				Local sponsors who have received funding for projects in past fiscal years and
				who anticipate requesting funding in subsequent years shall update the Local
				Long Range Budget Plan as to costs and scheduling. The Local Long Range Budget
				Plan shall be consistent with the Strategic Beach Management Plan and have a
				10-year minimum time frame. The annual funding request submittal shall be in
				electronic format and include:
(a) A detailed
				project description, including project boundaries by Department range
				monuments, methods used in conducting the project, and data or analysis to
				apply the ranking criteria required by Rule
				 62B-36.006, F.A.C.
(b) A map of the project area depicting the
				public beach access, public parking within one quarter mile of each beach
				access, public restroom facilities, public lodging establishments,
				comprehensive plan designations for current land use of commercial and
				recreational properties within the project boundary, and the one-quarter mile
				buffer and the values of properties that are enclosed or intersected by the
				buffer.
(c) Current license
				documentation on public lodging establishments within the project boundaries,
				including the number of units available, if used to document public
				access.
(d) A current or updated
				resolution from the local sponsor's governing board which includes statements
				of their support of the project, willingness to serve as the local sponsor, and
				a statement of the extent of their ability and willingness to provide the
				necessary local funding share to implement the project. For projects proposing
				regionalization, local sponsors must provide an executed interlocal agreement,
				or comparable documentation, outlining the nature of regionalization.
(e) A schedule of activities by project
				phase.
(f) The annual project cost
				estimates indicating the federal, state, and local cost share, with sufficient
				supporting detail depicting costs of project phases. For projects with federal
				involvement, documentation to verify authorization, cost share, and funding
				status must be provided. For projects proposing cost-effectiveness, a project
				design analysis must be provided.
(g) The estimated volume of advanced
				nourishment lost since the last sand placement event of a beach restoration or
				nourishment project as measured landward of the Mean High Water Line (MHWL),
				and for construction projects, the proposed volume of beach fill
				placement.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-36 - BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM › Section 62B-36.006 - Project Ranking Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Beach
				Management Projects. Eligible projects will receive a total point score by the
				Department based on the following criteria, equally weighted within the
				following specified tiers:
(a) Tier 1 accounts
				for 20 percent of the total score and consists of the tourism-related return on
				investment and the economic impact of the project.
1. Return on investment. This criteria
				consists of the ratio of the sum of the county-wide tourist development tax and
				tourism-related sales tax revenue for the most recent calendar year to the
				amount of state funding requested for the proposed construction project.
				Tourist development tax and tourism-related sales tax data will be derived from
				the Department of Revenue for the county that has jurisdiction over the project
				area. Tourism-related sales tax revenue is defined as taxes on hotel/motel
				accommodations, rooming houses, camps, and other lodging places. The
				calculation includes the amount of state funds requested for the construction
				and first year post-construction monitoring phases of the project. If the
				proposed project does not request construction funds, then the project is not
				eligible for points. The rank score shall be calculated using the ratios of all
				projects, for a maximum score of 10 points, with greater return on investment
				ratios receiving a higher score.
2.
				Economic impact. This criteria consists of the ratio of the sum of the
				county-wide tourist development tax and tourism-related sales tax revenue for
				the most recent calendar year to all county-wide sales tax revenues for the
				most recent calendar year. Tax data will be derived from the Department of
				Revenue for the county that has jurisdiction over the project area.
				Tourism-related sales tax revenue is defined as the taxes on hotel/motel
				accommodations, rooming houses, camps, and other lodging places. The rank score
				shall be calculated using the ratios of all projects, for a maximum score of 10
				points, with greater economic impact ratios receiving a higher score.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-36 - BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM › Section 62B-36.007 - Project Cost Sharing

Current through Reg. 50, No. 138; July 16, 2024
(1) Until the
				unsatisfied demand for restoring and repairing Florida's beaches is met, the
				Department intends to share in the costs of beach management projects with
				local sponsors. Cost sharing will only be applied to the portion of the project
				necessary to benefit shoreline designated by the Department as critically
				eroded. The Department shall cost share up to 50 percent of the total costs for
				non-federal beach management projects. The Department shall cost share up to 50
				percent of the non-federal share of U.S. Army Corps of Engineers Civil Works
				projects. The Department shall cost share up to 50 percent of the non-federal
				and state emergency fund share for projects approved to receive Federal
				Emergency Management Agency Public Assistance funding (Category G or equivalent
				subsequent program for designed, constructed and routinely maintained beaches).
				State cost share is subject to adjustment for the level of public accessibility
				calculated for beach management projects. Project shoreline lengths eligible
				for cost sharing are quantified at the rate of 100 units of eligibility per
				mile (5, 280 feet) or 52.8 feet per unit. A unit is defined as one automobile
				parking space, one rental unit in a Public Lodging Establishment, one mass
				transit stop, or 4 bicycle parking spots. Eligible shoreline lengths are
				calculated using the following criteria:
(a)
				Primary beach access sites shall be granted eligibility for the shoreline
				length of the access site. Additional eligibility shall be granted at a rate of
				52.8 linear feet per unit for one-half mile in each shore parallel direction
				for the following units;
1. Automobile parking
				spaces located within one quarter mile of a primary access site may be granted
				eligibility for that public access site at the rate of one unit, or 52.8 feet,
				per parking space.
2. Bicycle
				parking located within one quarter mile of a primary access site may be granted
				eligibility at the rate of one-quarter of a unit, or 13.2 feet, per designated
				bicycle parking spot. Bicycle parking spots used for eligibility may not exceed
				211.2 feet per public access site.
3. Mass transit, such as buses or trolleys,
				may be granted eligibility at the rate of one unit, or 52.8 feet, per bus stop
				located within one quarter mile of the public access site. Bus stops used for
				eligibility may not exceed 211.2 feet per public access. In order to qualify,
				mass transit must be accessible to the general public and operational year
				round.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-36 - BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM › Section 62B-36.009 - Project Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				and the local sponsor will execute a project agreement when funds are available
				and the project is ready to proceed. The project agreement shall include the
				following:
(a) The estimated costs for each
				eligible project item, including the amount of the local sponsor's share, the
				Department's share, and when applicable, the federal share;
(b) A scope of work and estimated date of
				completion for each eligible project item; and,
(c) A periodic reporting and billing
				schedule.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Accretion" is the buildup of land or
				accumulation of unconsolidated material within the coastal system caused by
				wind and wave action, storm surge, or tidal or littoral currents. Accretion
				includes:
(a) Waterward horizontal movement of
				the mean high-water line or beach profile.
(b) Volumetric gain of sediment to the
				coastal system.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.003 - General Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
(1) No coastal
				construction shall be conducted without a permit issued by the Department under
				this chapter, unless it is determined that the coastal construction does not
				fall within the requirements of Section
				 161.041, F.S., or unless the
				interior tidal water body is exempted by the Department pursuant to Section
				 161.041(1),
				F.S.
(2) The Department shall deny
				any application for a coastal construction project if, after considering any
				proposed mitigation plan, the proposed project as a whole will result in a
				significant adverse impact.
(3) No
				coastal construction shall interfere, except during construction, with the use
				by the public of any area of a beach seaward of the mean high-water line (or an
				established erosion control line) unless the Department determines such
				interference is unavoidable for purposes of protecting the beach or any
				endangered upland structure determined to be eligible pursuant to the criteria
				listed in subsection  62B-41.005(6),
				F.A.C. If interference with public access is unavoidable, the applicant shall
				provide comparable alternative access.
(4) The Department shall deny any application
				for a coastal construction project that would result in a take of marine
				turtles, as defined in subsection
				 62B-41.002(47),
				F.A.C., unless and incidental take is authorized, as provided for by the
				provisions of Section
				 379.2431(1)(h),
				F.S. However, if the Department issues a permit pursuant to Section
				 161.041(5),
				F.S., in advance of the issuance of an incidental take authorization,
				construction of permitted activities shall not begin until an incidental take
				authorization, as provided for in the Endangered Species Act, is
				effective.
Rulemaking Authority
					 161.041(1),
					 161.055(1), (2)
					 FS. Law Implemented 161.021(1),
					 161.041(1),
					 (2),
					 379.2431(1)
					 FS.
New 8-23-92, Formerly 16B-41.003, Amended 10-23-01,
					 11-17-11, 1-11-17.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.004 - Exemptions from Permit Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The deepwater ports identified in Section
				 403.021(9)(b),
				F.S., are exempt from the requirements contained in Sections
				 161.142(1) and
				(2), F.S.
(2) The following coastal construction shall
				be exempt from the provisions of this chapter when it is determined by the
				Department that it will not have an adverse impact:
(a) Coastal construction in the interior
				tidal waters of the state not fronting the sandy beaches along the Atlantic
				Ocean, Gulf of Mexico or Straits of Florida, excluding inlets, passes, their
				associated ebb and flood tidal shoals and channels.
(b) Structures which do not fall within the
				definition of coastal construction as defined in subsection
				 62B-41.002(8),
				F.A.C.
(c) Structures having de
				minimus impacts as defined in paragraph
				 62B-41.002(19)(c),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.005 - Policy and Eligibility Criteria for Coastal Construction Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) In keeping with the intent of Chapter
				161, F.S., it is the Department's policy to prevent further degradation of, and
				to promote restoration of existing degraded portions of, the coastal system by
				means of the regulation of coastal construction.
(2) Coastal construction authorized by the
				Department pursuant to Chapter 62B-41, F.A.C., shall have a net positive
				benefit to the coastal system resulting from the project's impacts, as
				demonstrated by the applicant, taking into account the considerations and
				requirements of Section
				 161.041, F.S., and when
				proposing inlet construction and maintenance, the considerations and
				requirements of Section
				 161.142, F.S.
(3) The Department will determine whether to
				authorize coastal construction at any coastal location upon receipt of an
				application, pursuant to subsection
				 62B-49.005(1),
				F.A.C., from a property or riparian owner and upon consideration of the facts
				or circumstances, including:
(a) Adequate
				engineering data concerning the existing coastal system, including topography,
				bathymetry; wave and current data; coastal processes, conditions and
				morphological trends;
(b) Design
				features of the proposed structures or activities;
(c) Such other specific information or
				calculations as are necessary for the evaluation of the
				application.