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-33.0155 - General Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following general permit conditions shall apply, unless waived by the
				Department or modified by the permit:
(a) The
				permittee shall carry out the construction or activity for which the permit was
				granted in accordance with the plans and specifications that were approved by
				the Department as part of the permit. Deviations therefrom, without written
				approval from the Department, shall be grounds for suspension of the work and
				revocation of the permit pursuant to Section
				 120.60(7),
				F.S., and shall result in assessment of civil fines or issuance of an order to
				alter or remove the unauthorized work, or both. No other construction or
				activities shall be conducted. No modifications to project size, location, or
				structural design are authorized without prior written approval from the
				Department. A copy of the notice to proceed shall be conspicuously displayed at
				the project site. Approved plans shall be made available for inspection by a
				Department representative.
(b) The
				permittee shall conduct the construction or activity authorized under the
				permit using extreme care to prevent any adverse impacts to the beach and dune
				system, marine turtles, their nests and habitat, or adjacent property and
				structures.
(c) The permittee shall
				allow any duly identified and authorized member of the Department to enter upon
				the premises associated with the project authorized by the permit for the
				purpose of ascertaining compliance with the terms of the permit and with the
				rules of the Department until all construction or activities authorized or
				required in the permit have been completed and all project performance reports,
				certifications, or other documents are received by the Department and
				determined to be consistent with the permit and approved plans.
(d) The permittee shall hold and save the
				State of Florida, the Department, and its officers and employees harmless from
				any damage, no matter how occasioned and no matter what the amount, to persons
				or property that might result from the construction or activity authorized
				under the permit and from any and all claims and judgments resulting from such
				damage.
(e) The permittee shall
				allow the Department to use all records, notes, monitoring data, and other
				information relating to construction or any activity under the permit, which
				are submitted, for any purpose necessary except where such use is otherwise
				specifically forbidden by law.
(f)
				Construction traffic shall not occur and building materials shall not be stored
				on vegetated areas seaward of the control line unless specifically authorized
				by the permit. If the Department determines that this requirement is not being
				met, positive control measures, such as temporary fencing, designated access
				roads, adjustment of construction sequence, or other requirements, shall be
				provided by the permittee at the direction of the Department. Temporary
				construction fencing shall not be sited within marine turtle nesting
				habitats.
(g) The permittee shall
				not disturb existing beach and dune topography and vegetation except as
				expressly authorized in the permit. Before the project is considered complete,
				any disturbed topography or vegetation shall be restored as prescribed in the
				permit with suitable fill material or revegetated with appropriate beach and
				dune vegetation. When required for mitigation, dune vegetation will be
				considered successfully established if within 180 days of planting, a minimum
				of 80 percent of the planting units survive, a minimum of 80 percent of the
				planted area is covered with native species and the vegetation is continuous
				without gaps along the shoreline.
(h) All fill material placed seaward of the
				CCCL shall meet the requirements of subsection
				 62B-33.005(7),
				F.A.C. All such fill material shall be free of construction debris, rocks,
				clay, or other foreign matter; and shall be obtained from a source landward of
				the CCCL.
(i) If surplus sand fill
				results from any approved excavation seaward of the control line, such material
				shall be distributed seaward of the control line on the site, as directed by
				the Department, unless otherwise specifically authorized by the permit. Sand
				fill placed seaward of the frontal dune, bluff or coastal armoring in marine
				turtle nesting habitat shall be configured such that it does not interfere with
				marine turtle nesting.
(j) Any
				native salt-tolerant vegetation destroyed during construction shall be replaced
				with plants of the same species or, by authorization of the Department, with
				other native salt-tolerant vegetation suitable for beach and dune
				stabilization. Unless otherwise specifically authorized by the Department, all
				plants installed in beach and coastal areas - whether to replace vegetation
				displaced, damaged, or destroyed during construction or otherwise - shall be of
				species indigenous to Florida beaches and dunes, such as sea oats, sea grape,
				saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and
				railroad vine, and grown from stock indigenous to the region in which the
				project is located.
(k) All
				topographic restoration and revegetation work is subject to approval by the
				Department, and the status of restoration shall be reported as part of the
				final certification of the actual work performed.
(l) If not specifically authorized elsewhere
				in the permit, no operation, transportation, or storage of equipment or
				materials is authorized seaward of the dune crest or rigid coastal structure
				during the marine turtle nesting season. The marine turtle nesting season is
				May 1 through October 31 in all counties except Brevard, Indian River, St.
				Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle
				nesting occurs during the period of March 1 through October 31.
(m) If not specifically authorized elsewhere
				in the permit, no temporary lighting of the construction area is authorized at
				any time during the marine turtle nesting season and no additional permanent
				exterior lighting is authorized.
(n) All non-opaque walls, balcony railings,
				deck railings, windows and doors visible from any point on the beach must be
				tinted to a transmittance value (light transmission from inside to outside) of
				45 percent or less through the use of tinted glass or window film.
(o) The permit has been issued to a specified
				property owner and is not valid for any other person unless formally
				transferred. An applicant requesting transfer of the permit shall sign the
				permit transfer agreement form, agreeing to comply with all terms and
				conditions of the permit, and return it to the Department. The transfer request
				shall be provided on the form entitled "Permit Transfer Agreement" - DEP Form
				73-103 (Revised 7/22), which is hereby adopted and incorporated by reference.
				No work shall proceed under the permit until the new owner has received a copy
				of the transfer agreement approved by the Department. A copy of the transfer
				agreement shall be displayed on the construction site along with the permit. An
				expired permit shall not be transferred. Copies of the "Permit Transfer
				Agreement" form are available at the following website:
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms
.
(p) The permittee shall immediately inform
				the Department of any change of mailing address of the permittee and any
				authorized agent until all requirements of the permit are met.
(q) For permits involving habitable major
				structures, all construction on the permitted structure shall stop when the
				foundation pilings have been installed. At that time the foundation location
				form shall be submitted to and accepted by the Department prior to proceeding
				with further vertical construction above the foundation. The form shall be
				signed by a professional surveyor, licensed pursuant to Chapter 472, F.S., and
				shall be based upon such surveys performed in accordance with Chapter 472,
				F.S., as are necessary to determine the actual configuration and dimensioned
				relationship of the installed pilings to the control line. The information
				shall be provided to the Department using the form entitled "Foundation
				Location Certification" - DEP Form 73-114B (Revised 7/22), which is hereby
				adopted and incorporated by reference. Phasing of foundation certifications is
				acceptable. The Department shall notify the permittee of approval or rejection
				of the form within seven (7) working days after staff receipt of the form. All
				survey information upon which the form is based shall be made available to the
				Department upon request. Permits for repairs or additions to existing
				structures with nonconforming foundations are exempt from this
				condition.
(r) For permits
				involving major structures and exterior lighting on major structures, the
				permittee shall provide the Department with a report by a registered
				professional within 30 days following completion of the work. For permits
				involving armoring or other rigid coastal structures, the permittee shall
				provide the Department with a report by an engineer licensed in the State of
				Florida within 30 days following completion of the work. The report shall state
				that all locations specified by the permit have been verified and that other
				construction and activities authorized by the permit, including exterior
				lighting, have been performed in compliance with the plans and project
				description approved as a part of the permit and all conditions of the permit;
				or shall describe any deviations from the approved plans, project description,
				or permit conditions, and any work not performed. Such report shall not relieve
				the permittee of the provisions of paragraph
				 62B-33.0155(1)(a),
				F.A.C. If none of the permitted work is performed, the permittee shall inform
				the Department in writing no later than 30 days following expiration of the
				permit. The report shall be provided on the form entitled "Final Certification"
				DEP Form 73-115B (Revised 7/22), which is hereby adopted and incorporated by
				reference. Copies of the "Final Certification" form are available at the
				following website:
https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms
.
(s) Authorization for construction of
				armoring or other rigid coastal structures is based on an engineering review
				and assessment of the design and anticipated performance and impact of the
				structure as a complete unit. Construction of any less than the complete
				structure as approved by the Department is not authorized and shall result in
				the assessment of an administrative fine and the issuance of an order to remove
				the partially constructed structure. Modifications to the project size,
				location, or structural design shall be authorized by the Department in
				accordance with Rule  62B-33.013,
				F.A.C.