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-33.004 - Exemptions from Permit Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Any structures under construction prior to the establishment of a coastal
				construction control line (CCCL) in a particular county are exempt from the
				provisions of Section
				 161.053, F.S., and this rule
				chapter, except as noted in Sections
				 161.053(8) and
				(11), F.S.
(a) "Under construction" is the ongoing
				physical activity at the time of consideration of the exemption referenced in
				Section  161.053(9),
				F.S., of placing the foundation of, or continuation of construction above the
				foundation of, any structure seaward of the established CCCL or the setback
				line.
(b) A pile-supported
				structure shall be deemed "under construction" when placement of the permanent
				pile members for the foundation has begun. Driving of test piles and temporary
				placement of piles in preparation for driving shall not qualify a structure as
				"under construction." For concrete footer, base, slab, or grade beam supported
				structures, a structure will be deemed "under construction" when the placement
				of concrete for the foundation has begun. For roads, parking lots, driveways,
				walkways, or similar paved structures, the structure will be considered "under
				construction" when placement of the base course, if used, or surface has been
				started.
(c) Whenever it is unclear
				under either paragraph
				 62B-33.004(1)(a) or
				(b), F.A.C., that a structure is "under
				construction, " the applicant shall provide to the Department the following
				documents demonstrating that the structure is under construction:
1. A copy of all required local government
				permits authorizing the structure;
2. A full set of construction plans for the
				structure approved by the local government in conjunction with the building
				permit; and,
3. Other
				documentation, including local building inspectors' construction reports,
				construction contracts, or other information, substantiating that a bona fide
				construction process, which appears will be continuous in nature, has
				started.
(d) Exemptions
				granted under this rule subsection shall only apply to those individual
				structures or parts of such structures which are determined to be under
				construction and are also described in both the local permit and the building
				plans. Only those structures which are under construction as defined in this
				rule section may be exempted. Other proposed structures shown onsite plans,
				building permits, planned unit developments, or similar documents are not
				exempt. Any subsequent construction activity in addition to that so described
				and exempted shall require a permit, unless exempted under other provisions of
				this rule.
(e) Property owners may
				request a determination of exemption status within the period starting with the
				date of the first Public Hearing on reestablishing the CCCL held within the
				respective county and ending with the date of the establishment of the CCCL.
				The effective date of an exemption granted under this rule section shall be the
				date the CCCL is established.