reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.0511 - No-fee Noticed Exemptions for Construction, Operation, Maintenance, Alteration, Abandonment or Removal of Minor Silvicultural Surface Water Management Systems

Current through Reg. 50, No. 138; July 16, 2024
(1) Silviculture
				activities conducted and noticed in conformance with the best management
				practices and procedures below shall qualify for this no-fee noticed exemption.
				The Agencies shall not be compelled to verify qualification for these
				exemptions following receipt of the notice required in subsection (2), below.
				However, if a person desires written Agency verification of compliance with
				this rule, they shall follow the noticing and fee requirements of Rule
				 62-330.050, F.A.C. These
				exemptions apply to:
(a) Any person
				constructing, operating, maintaining (including repairing or replacing),
				altering, abandoning, or removing silvicultural roads, and other minor
				activities designed to place the property into silvicultural use or to
				perpetuate the maintenance of the property in silvicultural use; and
(b) The U.S. Forest Service to construct,
				operate, maintain, alter, abandon, or remove surface water management
				systems.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.052 - General Permits - General

Current through Reg. 50, No. 138; July 16, 2024
Rules
				   62-330.401 through
				   62-330.635, F.A.C., contain the
				  procedures to submit a notice to use a general permit, the procedures for their
				  review, the general conditions that apply to them, and the terms and specific
				  conditions of each general permit. Those provisions do not apply to activities
				  that qualify for the general permit in Section
				   403.814(12),
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.4131,
					  373.414(9),
					  373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.4131,
					 373.414(9),
					 373.4145,
					  373.416,
					  373.418,
					  373.426 FS.
New 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.054 - Individual Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An individual
				permit is required for activities that require a permit if they:
(a) Do not qualify for a general permit in
				Rules  62-330.410 through
				 62-330.635, F.A.C.;
				and
(b) Are not proposed for
				conceptual approval under Rule
				 62-330.055 or
				 62-330.056,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.055 - Conceptual Approval Permits for Urban Infill or Redevelopment

Current through Reg. 50, No. 138; July 16, 2024
A county or municipality may request a conceptual approval
				  permit for activities occurring within urban infill and redevelopment areas or
				  community redevelopment areas created under Chapter 163, F.S. Following
				  approval of the conceptual permit, any construction, alteration, operation,
				  maintenance or removal consistent with the conceptual permit may be authorized
				  under a notice of intent to use the general permit for urban infill and
				  redevelopment in Rule
				   62-330.450, F.A.C.
(1) An urban infill or redevelopment
				conceptual approval permit shall be reviewed as provided below and in Rule
				 62-330.056, F.A.C., but does not
				have to meet all of the stormwater quality and quantity design and performance
				criteria of Volume II, provided the county or municipality submits a stormwater
				management master plan for the urban infill or redevelopment area that includes
				the following:
(a) Identification of the
				proposed urban infill or redevelopment area and the total contributing drainage
				area, including any major drainage basins and sub-basins;
(b) Identification of the receiving waters
				associated with the proposed urban infill or redevelopment area; and
(c) Calculation and assignment of the
				predevelopment annual loading of pollutants of concern as determined during the
				permit application review, on a drainage basin or sub-basin basis, for all
				areas to be included within the conceptual approval permit. Loadings must be
				specific to the types of land use and must be expressed as a "mass per area"
				basis. The basin or sub-basin loading assignments will serve as the pollutant
				goal for future urban infill or redevelopment in each of those areas (target
				pollutant load). Future development that meets the predevelopment pollutant
				load assignment will be presumed to meet the net improvement requirements of
				paragraph (2)(a), below.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.061 - Submittal of Applications and Notices to Agency Offices (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  373.026,
					 373.043,
					 373.044,
					  373.118,
					  373.413 1,
					 373.4145,
					 373.418,
					 403.805(1),
					 668.003,
					 668.004,
					 668.50 FS. Law Implemented
					 373.026,
					 373.118,
					 373.413,
					  373.4131,
					  373.4145,
					  373.416,
					  373.426,
					  668.003,
					  668.004,
					  668.50 FS.
New 10-1-13, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.062 - Water Quality Certification and Costal Zone Consistency Concurrence

Current through Reg. 50, No. 138; July 16, 2024
(1) A State Water Quality Certification under
				Section 401 of the Clean Water Act,
				33 U.S.C. Section
				1341, shall be provided as described below.
(a) A complete application for an individual
				or conceptual approval permit shall constitute an application for certification
				of compliance with state water quality standards for activities that require an
				associated Department of the Army permit or license under Section 404 of the
				Clean Water Act, 33, U.S.C.
				1344. Issuance of the individual or
				conceptual approval permit under this chapter shall constitute certification of
				compliance with water quality standards, unless water quality certification is
				waived in accordance with paragraph (1)(c), below.
(b) State water quality certification is
				granted when an activity meets all the terms and conditions of a general permit
				under Rule  62-330.052, F.A.C., and the
				applicable Rules  62-330.401 through
				 62-330.635, F.A.C.
(c) State water quality certification is
				waived for activities:
1. That are not
				regulated under Rule  62-330.020, F.A.C.
2. That are exempt under Rule
				 62-330.051 or
				 62-330.0511, F.A.C.
3. That require net improvement of water
				quality under Section
				 373.414(1)(b),
				F.S., including permits issued under Rule
				 62-330.055, F.A.C.
4. When the individual or conceptual approval
				permit is not issued or denied within 365 days of the date the application is
				deemed complete by the Agency.
5.
				When the permit or authorization expressly waives water quality
				certification.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.071 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) A processing fee is required to be
				submitted with an application, notice, or petition under this chapter. The
				amount of the fee is specified in the following rules of the applicable Agency
				where the application, notice, or petition is submitted. The rules in
				paragraphs (b) through (e), below, are incorporated by reference herein. A copy
				of the incorporated material may be obtained from the Agency, as described in
				subsection  62-330.010(5),
				F.A.C.
(a) Department or Northwest Florida
				Water Management District - Rule
				 62-4.050, F.A.C.
(b) Suwannee River Water Management District
				- Rule  40B-1.706, F.A.C., (October 1,
				2013), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02534
)
(c) St. Johns River Water Management District
				- Rule  40C-1.603, F.A.C., (October 1,
				2013), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02535
)
(d) Southwest Florida Water Management
				District - Rule  40D-1.607, F.A.C., (October 1,
				2013), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02536
)
(e) South Florida Water Management District
				Rule - Rule  40E-1.607, F.A.C., (October 1,
				2013), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-02537
).
(f) The processing fee for applications,
				notices, or petitions that are the responsibility of a local government
				delegated to implement this chapter under Section
				 373.441, F.S., shall be
				established by the local government in accordance with the Delegation Agreement
				between the Department and the local government incorporated by reference in
				Chapter 62-113, F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.100 - Purpose and Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.118,
					 373.406(5),
					 373.414,
					 373.415,
					 373.418,
					 373.4211(22),
					 (25),
					 373.461,
					 380.06(9),
					 403.805(1) FS.
					 Law Implemented  373.019,
					  373.042,
					  373.0421,
					  373.085,
					  373.086,
					  373.109,
					  373.118,
					  373.119,
					  373.129,
					  373.136,
					  373.403,
					  373.406,
					  373.413,
					  373.4135,
					  373.4136,
					  373.414,
					  373.4141,
					  373.415,
					  373.416,
					  373.417,
					  373.418,
					  373.419,
					  373.421(2)-(6),
					  373.4211(22),
					  373.439,
					  373.461,
					  380.051,
					  380.06(9),
					  403.813(1),
					  403.414,
					  403.0877 FS.
New 12-7-92, Formerly 17-330.100, Amended 10-3-95, Repealed
					 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.200 - Rules Adopted by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.118,
					 373.406(5),
					 373.414,
					 373.415,
					 373.418,
					 373.461,
					 380.06(9),
					 403.0877 FS. Law Implemented
					  373.019,
					  373.042,
					  373.0421,
					  373.085,
					  373.086,
					  373.109,
					  373.118,
					  373.119,
					  373.129,
					  373.136,
					  373.403,
					  373.406,
					  373.413,
					  373.4135,
					  373.4136,
					  373.414,
					  373.4141,
					  373.415,
					  373.416,
					  373.417,
					  373.418,
					  373.419,
					  373.421(2)-(6),
					  373.4211(22),
					 (25),
					  373.422,
					  373.423,
					  373.426,
					  373.427,
					  373.429,
					  373.430,
					  373.433,
					  373.436,
					  373.439,
					  373.461,
					  380.06(9),
					  403.0877,
					  403.813(1) 
					 FS.
New 12-7-92, Formerly 17-330.200, Amended 10-3-95, 6-6-96,
					 8-21-00, 9-4-05, 12-5-05, 6-5-06, 8-2-06, 8-2-06, 8-1-10, Repealed
					 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.302 - Additional Conditions for Issuance of Individual and Conceptual Approval Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to
				the conditions in Rule
				 62-330.301, F.A.C., to obtain an
				individual or conceptual approval permit under this chapter, an applicant must
				provide reasonable assurance that the construction, alteration, operation,
				maintenance, repair, removal, and abandonment of a project:
(a) Located in, on, or over wetlands or other
				surface waters will not be contrary to the public interest, or if such
				activities significantly degrade or are within an Outstanding Florida Water,
				are clearly in the public interest, as determined by balancing the following
				criteria as set forth in sections 10.2.3 through 10.2.3.7 of Volume I:
1. Whether the activities will adversely
				affect the public health, safety, or welfare or the property of
				others;
2. Whether the activities
				will adversely affect the conservation of fish and wildlife, including
				endangered or threatened species, or their habitats;
3. Whether the activities will adversely
				affect navigation or the flow of water or cause harmful erosion or
				shoaling;
4. Whether the activities
				will adversely affect the fishing or recreational values or marine productivity
				in the vicinity of the activity;
5.
				Whether the activities will be of a temporary or permanent nature;
6. Whether the activities will adversely
				affect or will enhance significant historical and archaeological resources
				under the provisions of Section
				 267.061, F.S.; and
7. The current condition and relative value
				of functions being performed by areas affected by the proposed
				activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.310 - Operation and Maintenance

Current through Reg. 50, No. 138; July 16, 2024
(1) The permit
				authorizing construction or alteration must be converted to the operation and
				maintenance phase once the construction or alteration has been completed. The
				construction or alteration authorized under an individual permit must be
				certified to be in compliance with the permit before conversion of the permit
				to the operation and maintenance phase. Procedures for converting the permit to
				the operation and maintenance phase, and transferring the permit to the
				perpetual operation and maintenance entity are described in sections 12.2 and
				12.2.1 of Volume I.
(2) If a
				separate entity is to operate and maintain the project, the entity must have
				the financial, legal, and administrative capability to perform operation and
				maintenance, as described in sections 12.1 through 12.3.4 of Volume I. Transfer
				of the permit to the operation and maintenance entity that was approved as part
				of the permit does not require a permit modification.
(3) If the permittee desires to change or add
				operation and maintenance entities after the permit is issued, or to allow for
				multiple entities to operate portions of the project, a permit modification
				under Rule  62-330.315, F.A.C., must be
				requested and approved before transfer of the permit to the new entity or
				entities. Such permit modification request must include a demonstration that
				the new entity or entities meet the requirements of subsection (2), above. If
				an interdependent system will have multiple operation and maintenance entities,
				that modification request must also demonstrate that each entity that will
				operate and maintain an interdependent part of the system has the capability to
				operate and maintain all parts of the system necessary to remain in compliance
				with all conditions of the permit.
(4)
(a) For
				individual permits NOT associated with an individual, private single-family
				dwelling unit, duplex, triplex, or quadruplex:
1. Upon completion of construction, and
				following the general conditions in paragraphs
				 62-330.350(1)(f) and
				(g), F.A.C., the permittee shall submit both
				of the following to the permitting Agency:
a.
				Form  62-330.310(1),
				"As-Built Certification and Request for Conversion to Operation Phase, " which
				is incorporated by reference herein (June 1, 2018) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-09384
);
				and
b. Form
				 62-330.310(2),
				"Request for Transfer of Environmental Resource Permit to the Perpetual
				Operation and Maintenance Entity, " which is incorporated by reference herein
				(June 1, 2018) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-09385
).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.311 - Inspections and Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				operation and maintenance entity shall provide for the inspection of the
				permitted project after conversion of the permit to the operation and
				maintenance phase as provided in section 12.4 of Volume I. Minimum inspection
				frequencies will be established in Volume II for each District as applicable,
				but actual inspection and reporting frequencies for the specific project are
				subject to revision through permit conditions, based on site- and
				activity-specific operational and maintenance requirements.
(2) Within 30 days of any failure of a
				stormwater management system or deviation from the permit, a report shall be
				submitted to the Agency using Form
				 62-330.311(1),
				"Operation and Maintenance Inspection Certification, " (October 1, 2013)
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-02502
),
				incorporated by reference herein, describing the remedial actions taken to
				resolve the failure or deviation.
(3) The operation and maintenance entity of a
				regional stormwater management facility must notify the Agency on an annual
				basis, using Form  62-330.311(2),
				"Regional Stormwater Management System Annual Report, " (October 1, 2013)
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-02503
),
				incorporated by reference herein, of all new systems and their associated
				stormwater volumes that have been allowed to discharge stormwater into the
				regional facility, and must confirm that the maximum allowable treatment volume
				of stormwater authorized to be accepted by the regional facility has not been
				exceeded.
(4) A copy of the above
				forms may be obtained from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C.
(5) Permits issued prior to
				the effective date of this section shall continue to be inspected and reported
				on in accordance with the terms and conditions of the existing permit. However,
				a permittee may request a modification of the permit to reflect inspection and
				reporting in accordance with this rule.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118,
					  373.4131,
					 373.4145,
					 373.416,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118,
					 373.4131,
					  373.4141,
					  373.423,
					  668.003,
					  668.004,
					  668.50 FS.
New 10-1-13, Amended
					 6-1-18.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.315 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Modifications
				to an unexpired individual or conceptual approval permit may be requested by
				the permittee and will be processed as a minor or a major modification, as
				described below and in section 6.2 of Volume I. Permit modification fees are
				set forth in Rule  62-330.071, F.A.C.
(2) Minor modifications may be requested in
				accordance with section 6.2 of Volume I. Minor modifications are not subject to
				the public notification requirements of section 5.5 of Volume I. The following
				types of requests will be considered as minor modifications:
(a) To extend the duration of the
				construction phase of an individual permit by up to five years, subject to the
				provisions of subsection
				 62-330.320(2),
				F.A.C.;
(b) To correct errors or
				typographical mistakes;
(c) To
				incorporate changes requested by the Agency;
(d) To change due dates for reporting or
				performance deadlines;
(e) To
				transfer a permit upon a change in ownership or control;
(f) To make minor technical changes;
				or
(g) To make other minor changes
				that do not substantially alter the permit authorization, increase permitted
				off-site discharge, increase the environmental impact of the project, decrease
				required retention, decrease required detention, decrease required flood
				control elevations, or decrease pollution removal efficiency. Factors that will
				be considered in determining whether a change is minor are described in section
				6.2.1 of Volume I.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.320 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
Unless revoked, extended or otherwise modified, the duration
				  of a permit under this chapter is:
(1)
				General permit - Five years to construct, commencing from the date notice is
				received by the Agency, or the date the Agency verifies compliance with the
				terms and conditions of the general permit in accordance with Rule
				 62-330.402, F.A.C., whichever is
				later.
(2) Individual permit - Five
				years from the date of issuance to construct, except:
(a) Less than five years for activities such
				as temporary or experimental work, or when a shorter duration is needed;
				or
(b) More than five years when
				the applicant specifically requests a longer duration and provides reasonable
				assurance that:
1. The activity for which the
				permit is to be granted cannot reasonably be expected to be completed within
				five years after commencement of construction; and
2. The impacts of the activity, considering
				its nature, the size of the project, and any required mitigation, can be
				accurately assessed and offset where appropriate, and the terms of the permit
				can be met for the duration of the permit
				requested.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.340 - Transfer of Permit Upon Change in Ownership or Control

Current through Reg. 50, No. 138; July 16, 2024
(1) Permits in the Operation and Maintenance
				Phase - Projects constructed in accordance with the terms and conditions of a
				general permit are automatically authorized to be operated and maintained by
				the permittee and subsequent owners. A permittee with a valid individual permit
				in the operation and maintenance phase under this chapter or Chapter 62-342,
				F.A.C., shall notify the Agency electronically or in writing within 30 days of
				a change in ownership or control of the entire real property, project, or
				activity covered by the permit. A processing fee is not required for this
				notice. The permit shall automatically transfer to the new owner or person in
				control, except in cases of abandonment, revocation, or modification of a
				permit as provided in Sections
				 373.426 and
				 373.429, F.S. If a permittee
				fails to provide written notice to the Agency within 30 days of the change in
				ownership or control, or if the change does not include the entire real
				property or activity covered by the permit, then the transfer shall be governed
				by subsections (2) through (4), below.
(2) Except as provided in subsection (1),
				above, and in section 6.3.1 of Volume I, or as otherwise required in an
				individual or conceptual approval permit, or for activities authorized under a
				general permit, a permittee shall notify the Agency electronically or in
				writing within 30 days of any change in ownership or control of any portion of
				the real property upon which an activity is permitted under this chapter or
				Chapter 62-342, F.A.C. A person who obtains an interest in or control of such
				real property shall:
(a) Request transfer of
				the permit to become the new permittee or modification of the permit to become
				a co-permittee; or
(b) Provide
				written documentation of the following:
1.
				Certification that the permittee continues to retain sufficient real property
				interest over the land upon which the activities subject to the permit will be
				conducted as described in section 4.2.3(d) of Volume I; and
2. Authorization for Agency staff with proper
				identification to enter, inspect, sample and test the project or activities to
				ensure conformity with the plans and specifications authorized in the
				permit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.351 - General Conditions for Conceptual Approval Permits

Current through Reg. 50, No. 138; July 16, 2024
The following general conditions are binding on all
				  conceptual approval permits issued under this chapter, except where the
				  conditions are not applicable to the activity or where the conditions must be
				  modified to accommodate project-specific situations. In addition to these
				  general conditions, the Agency shall impose any additional special conditions
				  necessary to assure the permitted activities will not be harmful to the water
				  resources, as set forth in Rules
				   62-330.301 and
				   62-330.302, F.A.C., Volumes I
				  and II, as applicable, and the rules incorporated by reference in this
				  chapter.
(1) This permit does not
				authorize any construction, alteration, maintenance, operation, removal, or
				abandonment, except where such activities are specifically authorized as the
				first phase of an individual permit or are authorized to occur in accordance
				with a general permit or exemption under Chapter 62-330, F.A.C.
(2) This permit does not:
(a) Convey to the permittee any property
				rights or privileges, or any other rights or privileges other than those
				specified herein or in Chapter 62-330, F.A.C.;
(b) Convey to the permittee or create in the
				permittee any interest in real property;
(c) Relieve the permittee from the need to
				obtain and comply with any other required federal, state, and local
				authorization, law, rule, or ordinance; or
(d) Authorize any entrance upon or work on
				property that is not owned, held in easement, or controlled by the
				permittee.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.395 - Variances

Current through Reg. 50, No. 138; July 16, 2024
(1) In addition to a variance available under
				Section  120.542, F.S., the Agencies are
				authorized to grant a variance from the provisions of Section
				 373.414, F.S., paragraph
				 62-330.301(1)(e),
				F.A.C., and Rule  62-330.302, F.A.C., pursuant to
				Section  373.414(17),
				F.S. A person seeking a variance under Section
				 373.414(17),
				F.S., must demonstrate that any hardship asserted as a basis of the need for a
				variance is peculiar to the affected property and not self-imposed, and that
				the grant of a variance will be consistent with the general intent and purpose
				of this chapter.
(a) Any person seeking a
				variance under Section
				 373.414(17),
				F.S., shall file a petition for a variance containing the following
				information:
1. The petitioner's name and
				signature;
2. The statute or rule
				from which the variance is sought;
3. Facts showing that a variance should be
				granted for one of the reasons in Section
				 403.201, F.S.;
4. The time period for which the variance is
				sought, including the reasons and facts supporting the time period;
5. The requirements the petitioner can meet,
				including the date or time when the requirements will be met;
6. The steps or measures the petitioner is
				taking to meet the requirement from which the variance is sought. If the
				request is pursuant to Section
				 403.201(1)(b),
				F.S., the petitioner shall include a schedule when compliance will be achieved;
				and
7. The fee prescribed in Rule
				 62-330.071,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.401 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) General
				permits authorize activities that, if conducted consistent with the permit
				requirements, will cause minimal individual and cumulative adverse impacts to
				the water resources of the Agencies. Mitigation is neither necessary nor
				required to offset those impacts except when provided for in the general
				permit. Persons using a general permit must comply with the notice requirements
				of Rule  62-330.402, F.A.C., the general
				conditions in Rule  62-330.405, F.A.C., and all of
				the terms, conditions, and limitations of the specific general
				permit.
(2) The general permit in
				Section  403.814(12),
				F.S., is not a general permit under this chapter and does not require submittal
				of the notice specified in subsection
				 62-330.402(1),
				F.A.C.
(3) General permits that
				apply to municipalities are also for use by agencies of the United States
				Department of Defense.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.4131,
					  373.414(9),
					  373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.4131,
					 373.414(9),
					 373.4145,
					  373.416,
					  373.418,
					  373.426,
					  403.814(1) 
					 FS.
New 10-3-95, Amended 2-19-03, 10-1-07, Formerly
					  62-341.201, Amended
					 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.402 - Submittal and Processing of General Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A person wishing to construct, operate,
				maintain, alter, abandon, or remove projects under a general permit shall
				provide notice using Form
				 62-330.402(1),
				"Notice of Intent to Use an Environmental Resource and/or State 404 Program
				General Permit, " (December 22, 2020), incorporated by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12040
),
				a copy of which may be obtained from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C. The notice must be received by the applicable Agency at least 30 days
				prior to initiating the activities authorized by the general permit, or at such
				other time as specified in the general permit. Notices for general permits that
				identify the reviewing agency as the Department shall be submitted to the
				Department instead of a District.
(2) The notice for a general permit must
				include the processing fee prescribed in Rule
				 62-330.071, F.A.C. If a single
				notice includes more than one general permit, a separate fee shall be required
				for each general permit.
(3) The
				specific procedures of a general permit shall govern if they differ from the
				procedures in this rule.
(4)
(a) Within 30 days of receiving Form
				 62-330.402(1),
				the Agency shall determine whether the activity qualifies for a general permit.
				If the activity does not qualify or the notice does not contain all the
				required information, the Agency will notify the person as provided in section
				5.3.2 of Volume I.
(b) If the
				notice does not demonstrate that the requested activity qualifies for a general
				permit due to errors or omissions, the person shall have 60 days to amend the
				notice as provided in section 5.3.3 of Volume I. An additional processing fee
				will not be required if the person submits additional information demonstrating
				compliance with the general permit within that 60 days. Alternatively, the
				person may request that the submitted information be processed as an
				application for an individual permit, which must be supplemented with the
				information required in Rule
				 62-330.060, F.A.C., and sections
				4.2.3, 4.3, and 4.4 of Volume I, or the person may withdraw the notice for a
				general permit.
(c) If the
				activities do not qualify for a general permit, the processing fee submitted
				for the general permit shall be applied to the processing fee required for an
				individual permit, as provided in section 5.3.4 of Volume I. The processing fee
				will not be returned if the person withdraws the notice or if qualification for
				the general permit is denied.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.407 - General Permit for Geotechnical Investigations in Wetlands or Other Surface Waters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.118,
					 373.171,
					 373.4131 FS. Law Implemented
					  253.034(1),
					  373.118,
					  373.406(5),
					  373.4131,
					  373.414(9),
					  403.814(1) 
					 FS.
New 10-1-13, Repealed
					 6-1-18.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.410 - General Permit for Dredging by the West Coast Inland Navigation District in Sarasota and Manatee Counties

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				general permit is granted to the West Coast Inland Navigation District
				("WCIND") to dredge public navigation channels and canals within the
				trafficsheds listed in Table 1 "Trafficsheds, Dredge Depth Limits, and
				Trafficshed Report Identification Numbers for Use in General Permit
				 62-330.410" effective [October
				1, 2013] (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03207
),
				and Figure 1, "Trafficshed Locations" effective August 4, 2002 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03208
),
				and as described in the reports identified in paragraphs (1)(a) through (d),
				below. Table 1, Figure 1, and the reports are incorporated by reference herein;
				a copy of each may be obtained from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C.:
(a) Antonini, Gustavo A., and Paul
				Box, September 1996, A Regional Waterway Systems Management Strategy for
				Southwest Florida, TP-83, Florida Sea Grant College Program, Gainesville,
				Florida, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03143
);
(b) Swett, Robert A., Gustavo A. Antonini and
				Sharon Schulte, July 1999, Regional Waterway Management System for North
				Manatee County, TD-2, Florida Sea Grant College Program, Gainesville, Florida,
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-03125
);
(c) Antonini, Gustavo A., David Fann, and
				Robert A. Swett, November 7, 2000, Miguel Bay, Florida: Inventory of Boats,
				Depths and Signs; and a Waterway Restriction Analysis, TP-2A, Florida Sea Grant
				College Program, Gainesville, Florida, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03147
);
(d) Antonini, Gustavo A., Robert Swett,
				Sharon Schulte and David Fann, July 1998, Regional Waterway Management System
				for South Sarasota County, TD-1, Florida Sea Grant College Program,
				Gainesville, Florida, (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03146
).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.411 - General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Charlotte County

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to the West
				Coast Inland Navigation District ("WCIND") to dredge public navigation channels
				and canals within the trafficsheds and secondary channel systems which have
				been determined by the WCIND Board to make a significant contribution to public
				boating traffic, as listed in Robert A. Swett, David A. Fann, and Elizabeth
				Staugler, Maps of Charlotte County General Permit Trafficshed Channels and
				Secondary Channels, Florida Sea Grant College Program, Gainesville, Florida
				(July 2014) (SGEF-209), incorporated by reference herein (12/15) (
http://www.flrules.org/Gateway/reference.asp?No=Ref-06200
).
				Copies of SGEF-209 may be obtained from the Department as described in
				subsection  62-330.010(5),
				F.A.C.
(2) The following terms are
				defined for the purpose of this general permit:
(a) "Trafficshed" means an area that contains
				a concentration of boats that use a common channel, exclusive to the
				trafficshed, to gain access to secondary access channels and, ultimately, to
				deep, open water.
(b) "Secondary
				channel system" means those channels that provide access to two or more
				trafficsheds.
(c) "Corals" means
				true stony corals (order Scleractinia), hydrocorals (order Milleporina), and
				soft corals and other octocorals (subclass Octocorallia).
(d) "Seagrass" means rooted, vascular plants
				of the families Potamogetonaceae, Hydrocharitaceae and Cymodoceae.
(e) "Communities" means assemblages of
				attached benthic organisms with a coverage density of at least one percent, and
				does not include incidental individual (or clumped)
				specimens.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.412 - General Permit for Public Navigation Channel and Canal Infrastructure by the West Coast Inland Navigation District within Lee County

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to the West
				Coast Inland Navigation District ("WCIND") to dredge public navigation channels
				and canals within the trafficsheds and secondary channel systems listed in
				Table 1 "Trafficsheds, Secondary Channel Systems, Dredge Depth Limits, and
				Trafficshed Report Identification Numbers, " effective 18 February 2010,
				incorporated by reference herein (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03177
),
				and shown in Figures 1 through 48 of Antonini, Gustavo A., Robert A. Swett, and
				David Fann, 2008, Maps of Lee County Noticed General Permit Trafficshed
				Channels and Secondary Channels, SGEF-173, Florida Sea Grant College Program,
				Gainesville, Florida (30 October 2008), incorporated by reference herein
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-03148
).
				Copies of Table 1 and SGEF-173 may be obtained from the Department as described
				in subsection  62-330.010(5),
				F.A.C. Additional information on the background, methodology, and data used in
				identifying the trafficsheds and secondary channel systems that are the subject
				of this general permit is described in the following reports:
(a) Antonini, Gustavo A, and Paul Box, 1996,
				A Regional Waterway Systems Management Strategy for Southwest Florida, TP-83,
				Florida Sea Grant College Program, Gainesville, Florida;
(b) Swett, Robert A., David A. Fann, Gustavo
				A. Antonini and Lana Carlin Alexander, 2000, Regional Waterway Management
				System for Lee County, Phase I, TD-3, Florida Sea Grant College Program,
				Gainesville, Florida;
(c) Swett,
				Robert A., David A. Fann, Gustavo A. Antonini and Lana Carlin Alexander, 2001,
				Regional Waterway Management System for Lee County, Phase 2, TD-4, Florida Sea
				Grant College Program, Gainesville, Florida;
(d) Fann, D.A., R.A. Swett, and G.A.
				Antonini, 2002. Regional Waterway Management System for Lee County, Phase 3.
				TD-5, University of Florida, Gainesville, FL: 21 Florida Sea Grant.
Copies of these documents may be obtained by contacting
				  environmental resource permit program staff in the Department's South District
				  Office (Fort Myers) and from the Department's Internet site at
http://www.dep.state.fl.us/legal/Rules/rulelistnum.htm
.
				  This general permit is not required for maintenance dredging that qualifies for
				  an exemption under Section
				   403.813(1)(f),
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.417 - General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) A general
				permit is granted, except in waters that are accessible to manatees within
				Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns
				River and its tributaries in Lake and Seminole Counties, for construction,
				alteration, maintenance, and operation of a single boat ramp for the following
				entities or facilities:
(a) An individual,
				detached single-family dwelling unit or two adjacent detached single-family
				dwelling units, provided the ramp is located on the shared property
				line.
(b) A multi-family dwelling
				unit, which, for the purpose of this rule, shall include attached multi-family
				dwelling units, regardless of the legal subdivision of the underlying
				property.
(c) A commercial entity,
				provided such ramp is open to the general public for the life of the ramp, with
				or without a fee and without any membership or qualifying
				requirements.
(d) A governmental
				entity, such as a federal, state, county, or municipal agency, or a water
				management or inland navigation district, provided the boat ramp is open to the
				general public for the life of the facility, with or without a fee. The
				following associated facilities are also authorized for governmental entities
				in accordance with the terms and conditions of this general permit, provided
				the ramp and associated facilities remain open to the general public for the
				life of the facility, with or without a fee: ingress and egress traffic lanes,
				boat trailer parking spaces, an access road, and associated accessory
				docks.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.420 - General Permit to Local Governments for Public Mooring Fields

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to any local
				government to construct, operate, and maintain a public mooring field for up to
				100 vessels, including a dinghy dock and sewage pumpout dock directly
				supporting the mooring field.
(2)
				The Notice of Intent to use this general permit required under subsection
				 62-330.402(1),
				F.A.C., shall include the following additional information:
(a) Mooring Field Management Plan (Management
				Plan) that provides reasonable assurance that the mooring field and supporting
				land-based facility will comply with all of the requirements of this general
				permit. The Management Plan shall be binding on the permittee for the life of
				the mooring field. Any revisions or modifications to the Management Plan
				require written approval, by the Department, prior to becoming
				effective.
(b) All drawings and
				documents in support of the proposed mooring field and associated land-based
				support facility, including details on the anchoring systems proposed for
				mooring vessels in the mooring field, and any docks, pumpout facilities,
				kiosks, and in-water navigational signs and markers proposed.
(c) A scaled bathymetry plan showing water
				depths throughout the proposed mooring field, including any ingress and egress
				channels directly associated with the mooring field and water depths at any
				docks proposed at the land-based support facility.
(d) A benthic resource inventory of the
				proposed mooring field location as well as the areas for the proposed dinghy
				and pumpout docks.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.427 - General Permit for Docks, Piers and Associated Structures

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to any person
				to construct, extend, or remove a dock or pier and associated structures as
				described below:
(a) A private, single-family
				pier or dock with up to two boat lifts that, together with all existing
				structures on the shoreline of the property, does not exceed a total area of 2,
				000 square feet over surface waters. Such a structure:
1. Shall not accommodate the mooring of more
				than two vessels, either in the water or on a boat lift. Solely for purposes of
				this general permit, up to two personal watercraft as defined in section
				 327.02(33),
				F.S., may be moored in lieu of either or both allowable vessels of another
				type. These limits shall not apply to the mooring, storage or other use of the
				dock or pier by:
a. Non-motor-powered vessels
				less than 16 feet in length that are stored on or under the dock or pier, or
				within an authorized mooring area; or
b. Personal watercraft, dinghies or similar
				small vessels that are stowed out of the water, upon a larger parent vessel
				that is moored at the dock in compliance with this general
				permit.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.428 - General Permit for Floating Vessel Platforms and Floating Boat Lifts

Current through Reg. 50, No. 138; July 16, 2024
A general permit is granted to the owner of an individual,
				  detached, private single-family residence to construct, alter, operate,
				  maintain, and remove floating vessel platforms or floating boat lifts
				  ("platforms or lifts") at their residence, under the following
				  conditions:
(1) Platforms and lifts
				are authorized only at a dock or along a seawall associated with an individual,
				detached, private single-family residence on the contiguous uplands. For
				purposes of this general permit, an individual, detached, single-family
				residence does not include duplexes, triplexes or quadruplexes.
(2) The dock or seawall must meet one of the
				following:
(a) It was built prior to July 1,
				1975;
(b) It complies with a permit
				issued under Chapter 403, F.S., or Part IV of Chapter 373, F.S., or
(c) It was built in accordance with an
				exemption under Section
				 403.813(1),
				F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.431 - General Permit for Installation of Riprap

Current through Reg. 50, No. 138; July 16, 2024
(1) A general permit is granted to any person
				to install riprap:
(a) At the toe of an
				existing vertical seawall, provided the slope of the riprap is no steeper than
				two horizontal to one vertical and the horizontal distance from the toe of the
				seawall is no more than 10 feet;
(b) At an individual, private residential
				single-family property that is not part of a larger plan of common development,
				provided:
1. The slope of the riprap is no
				steeper than two horizontal to one vertical, and the toe of the riprap is no
				more than 10 feet waterward of the existing mean high water line or approximate
				ordinary high water line;
2. Riprap
				is not placed along a length of shoreline of more than 100 linear feet, and is
				not combined as part of any other use of this general permit on the same parcel
				of land; and
3. Erosion has
				occurred, or is likely to occur, along the
				shoreline.