Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.090 - Processing of Individual and Conceptual Approval Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) The Agency shall review, notice, and
				issue a request for any required additional information in accordance with
				section 5.5.3 of Volume I.
(2)
				Pending applications shall be exempt from changes in the rules adopted after an
				application has been deemed complete except as otherwise provided by law or in
				this chapter.
(3) If an applicant
				submits a processing fee in excess of the required fee, the Agency shall begin
				processing the application and shall refund to the applicant the amount
				received in excess of the required fee. If an applicant fails to provide the
				complete processing fee, the Agency will inform the applicant of the amount of
				additional fee required, and the application will not be complete until the
				complete processing fee is received, along with the other materials that have
				been timely requested in accordance with section 5.5.3 of Volume I. The Agency
				cannot be compelled to issue a permit in advance of receipt of the required fee
				or any other material required by the Agency to deem an application
				complete.
(4) If a substantial
				revision is submitted to a pending application, other than revisions proposed
				to reduce adverse impacts identified by the Agency, the applicant shall pay the
				difference between the processing fees already submitted and any additional
				fees required for the revised application under Rule
				 62-330.071, F.A.C. In such a
				case, the time frames in section 5.5.3 of Volume I for processing the
				application shall be restarted.
(5)
				In addition to the procedures in this section, processing of the application
				will be performed in accordance with sections 5.5 through 5.6 of Volume
				I.
(6) A permit shall only be
				issued to an entity meeting the requirements of section 4.2.3(d) of Volume
				I.
(7) The Agency shall cause a
				"Recorded Notice of Environmental Resource Permit" Form No.
				 62-330.090(1),
				(June 1, 2018), incorporated by reference herein (
http://www.flrules.org/Gateway/reference.asp?No=Ref-09362
),
				a copy of which may be obtained from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C., to be recorded in the public records of the county where the property
				is located unless otherwise noted in the permit. This notice shall not be
				considered an encumbrance upon the property. Such notice need not be recorded
				when the entire activity:
(a) Is for an
				individual, single-family residence, duplex, triplex, or quadruplex that is not
				part of a larger common plan of development or sale proposed by the permittee,
				except when the permit specifies that recording is necessary to ensure future
				owners are advised of long-term operational and maintenance requirements, or
				conservation provisions;
(b) Is
				authorized by a general permit under this chapter;
(c) Is temporary (not to exceed one year) in
				nature;
(d) Has no long term
				maintenance or operation requirements associated with it;
(e) Is located within lands encumbered by a
				real property interest held by a federal, state, county, or municipal
				government entity, including a school, university, or college;
(f) Is a utility within an easement recorded
				in the official records; or
(g) Is
				within the permit area of an existing permit for which a Notice has already
				been recorded, and the permit modification does not change the permit
				area.