Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.008 - Permit Modifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for major modifications to activities authorized under existing permits shall
				be processed in the same manner as new permits. The applicant shall submit a
				new application form, any changes to the permit drawings, and information
				demonstrating that the activity continues to meet the permitting requirements
				in this chapter, including physical or biological surveys that reflect the
				current conditions (if those surveys are pertinent to the proposed
				modification). The applicant may rely on information previously submitted to
				the Department in the original application if that information still reflects
				the current conditions.
(2) Major
				modifications are design changes that are of such size or nature that they are
				expected to either increase the potential for adverse impact, have a
				significantly different type of environmental impact, or impact resources at
				new locations.
(3) Minor
				modifications are design changes that are not expected to either increase the
				potential for adverse impact or have a significantly different environmental
				impact than the authorized activity.
(4) Applications for major and minor
				modifications shall be accompanied by the full application fee, calculated and
				submitted according to Rule
				 62B-49.006, F.A.C.
(5) Permit modifications shall include
				additional specific conditions or revisions to existing conditions that are
				necessary to provide reasonable assurance that the modified project will meet
				applicable rules and statutes.
(6)
				The Department shall, for good cause and after notice to potentially affected
				parties, require the permittee to conform to new or revised conditions. An
				application from the permittee to modify the permit is not required for the
				Department to initiate such action, known as an administrative modification.
				Upon a showing by the permittee that a specific period of time is required to
				comply with the new or additional conditions, the Department shall allow the
				permittee such time to conform to the new or additional conditions. For the
				purpose of this rule, good cause shall include any of the following:
(a) A showing of any change in the
				environment or surrounding conditions that would result in a violation of water
				quality standards pursuant to Rule
				 62-302.530, F.A.C., or would
				result in a significant adverse impact to the coastal system;
(b) A record of non-compliance with
				Department permits by the permittee, the authorized agent or the
				contractor;
(c) Adoption or
				revision of Florida Statutes or Department rules/standards that necessitate the
				modification of a permit condition to bring the permit into compliance with the
				statute, rule or standard;
(d)
				Errors or omissions in the permit with the consent of the permittee;
(e) Submittal of incorrect, inaccurate, or
				incomplete information in the application;
(f) The activity or structure has become a
				danger to the public health or safety;
(g) Issuance of a new or revised Biological
				Opinion by the U.S. Fish & Wildlife Service or the National Marine
				Fisheries Service, or
(h) A change
				in the classification of the waterbody.