reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.040 - Jurisdictional Declaratory Statements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.817,
					 403.912,
					 403.913,
					 403.914
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.040, Amended
					 3-12-90, 9-8-92, Formerly 17-312.040, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.045 - Jurisdictional Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.031,
					 403.061,
					 403.062,
					 403.087,
					 403.912 FS., Section 9, Chapter
					 84-79, Laws of Florida.
New 12-10-84, Amended 3-26-89, Formerly 17-12.045,
					 17-312.045, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.050 - Exemptions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.031,
					 403.061,
					 403.161,
					 403.812,
					 403.813,
					 403.912,
					 403.913,
					 403.918
					 FS.
New 12-10-84, Amended 11-11-85, 8-30-88, 3-26-89, Formerly
					 17-12.050, Amended 3-12-90, 7-11-90, 4-12-92, Formerly 17-312.050, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.060 - Procedures to Obtain a Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.813,
					 403.912,
					 403.913,
					 403.919,
					 403.921,
					 403.922,
					 403.923,
					 403.927
					 FS.
New 10-16-84, Amended 8-28-85, 1-3-89, 3-26-89, Formerly
					 17-12.060, 17-312.060, Amended 8-16-98, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.065 - Additional Requirements and Procedures for Concurrent Review of Related Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 120.60,
					 161.041,
					 161.055,
					 253.03,
					 253.77,
					 258.42,
					 258.43,
					 373.414(11)-(16),
					 373.4145,
					 373.427,
					 373.4275,
					 403.061
					 FS.
New 10-12-95, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.070 - Short Form Applications for Certain Dredging or Filling (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.813,
					 403.911,
					 403.912
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.090, Amended
					 3-12-90, 4-12-92, Formerly 17-312.070, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.080 - Standards for Issuance or Denial of a Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.042,
					 373.403,
					 373.413,
					 373.414(11)-(16),
					 373.4145,
					 373.416,
					 373.426,
					 403.031,
					 403.061,
					 403.815,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 12-10-84, Amended 10-15-86, 3-26-89, Formerly
					 17-12.070, Amended 10-13-92, Formerly 17-312.080, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.082 - Duration of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.816,
					 403.912,
					 403.921
					 FS.
New 10-16-84, Formerly 17-12.072, Amended 3-26-89,
					 12-17-90, Formerly 17-312.082, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.085 - Periodic Review of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.912,
					 403.921
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.075,
					 17-312.085, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.090 - Emergency Classification and Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.912
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.080,
					 17-312.090, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.100 - Modification of Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.912,
					 403.919,
					 403.921,
					 403.922,
					 403.923,
					 403.924,
					 403.925,
					 403.927,
					 403.929
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.100,
					 17-312.100, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.200 - Scope of Part II (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061
					 FS.
New 12-10-84, Amended 3-26-89, Formerly 17-12.200,
					 17-312.200, Amended 10-3-95, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.210 - Procedures to Obtain a Long-Term Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414,
					 373.4145,
					 403.815
					 FS.
New 10-16-84, Amended 3-26-89, Formerly 17-12.210,
					 17-312.210, Amended 8-16-98, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.220 - Standards for Issuance or Denial of a Long-Term Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.031,
					 403.061,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 12-10-84, Amended 3-26-89, Formerly 17-12.220,
					 17-312.220, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.300 - Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061
					 FS.
New 1-3-89, Formerly 17-12.300, 17-312.300, Amended
					 10-3-95, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.310 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918
					 FS.
New 1-3-89, Formerly 17-12.310, 17-312.310, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.320 - Incorporation of Mitigation into the Permit Application Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918,
					 403.919,
					 403.921
					 FS.
New 1-3-89, Formerly 17-12.320, 17-312.320, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.330 - Mitigation Proposals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918
					 FS.
New 1-3-89, Formerly 17-12.330, 17-312.330, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.340 - Evaluation of Mitigation Proposals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918,
					 403.919,
					 403.921
					 FS.
New 1-3-89, Formerly 17-12.340, 17-312.340, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.350 - Determination of Success for Mitigation Projects (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918
					 FS.
New 1-3-89, Formerly 17-12.350, 17-312.350, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.360 - Pre-Construction Mitigation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918
					 FS.
New 1-3-89, Formerly 17-12.360, 17-312.360, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.370 - Restrictions on Property Use (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918,
					 403.919,
					 403.921
					 FS.
New 1-3-89, Formerly 17-12.370, 17-312.370, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.380 - Release from Responsibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.912,
					 403.913,
					 403.918,
					 403.921
					 FS.
New 1-3-89, Formerly 17-12.380, 17-312.380, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.390 - Financial Responsibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.912,
					 403.913,
					 403.918,
					 403.921
					 FS.
New 1-3-89, Formerly 17-12.390, 17-312.390, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.400 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) Part IV pertains to Outstanding Florida
				Waters, exclusive of all artificial water bodies, within Monroe County, as
				identified in Rule  62-302.700, F.A.C., and is in
				addition to all other applicable Departmental rules relating to environmental
				resource permit or grandfathered dredge and fill permit applications under Part
				IV of Chapter 373, F.S. Artificial water bodies shall be defined as any water
				body created by dredging, or excavation, or by the filling in of its
				boundaries, including canals as defined in subsection
				 62-312.020(3),
				F.A.C., and borrow pits or waters resulting from rock mining
				activities.
(2)
(a) The Environmental Regulation Commission
				finds that the waters of the Florida Keys and other Outstanding Florida Waters
				in Monroe County are an irreplaceable asset which require special
				protection.
(b) Further, the
				Florida Legislature in adopting Section
				 380.0552, F.S., recognized the
				value of the Florida Keys to the State as a whole by designating the Keys an
				Area of Critical State Concern. This rule implements Section
				 403.061(34),
				F.S., and is intended to provide the most stringent protection for the
				applicable waters allowable by law.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.410 - General Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) Subject to the
				provisions of the mitigation section of this part (Rule
				 62-312.450, F.A.C.), no
				environmental resource permit or grandfathered dredge and fill permit under
				Part IV of Chapter 373, F.S., shall be issued for any activity in Outstanding
				Florida Waters in Monroe County if such activity:
(a) Alone or in combination with other
				activities damages the viability of a living stony coral community
				(Scleraoctinia and Milleporina), soft coral community (Alcynoacea, Gorgonacea
				and Pennatulacea), macro marine algae community (Chlorophyta, Phaeophyta and
				Rhodophyta), sponge bed community (Porifera), or marine seagrass
				(Hydrocharitaceae and Cymodoceae) bed community. This prohibition shall not
				include algae unattached to the bottom, nor shall it include algae growing
				landward of the mean high water line or growing as an epiphyte or periphyte on
				woody plants. For the purposes of this Part a marine seagrass bed or marine
				macroalgae community means an area dominated by the listed biota having an
				areal extent of at least 100 square feet. This paragraph does not imply that
				the Department cannot restrict the impact on smaller areas for such species
				based on other Department rules;
(b) Has been initiated or completed without
				benefit of an environmental resource permit or dredge and fill permit required
				by the Department.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.420 - Permitting Requirements for Piers

Current through Reg. 50, No. 138; July 16, 2024
(1)
				No permit shall be issued for a pier which requires the dredging of an access
				channel or mooring basin unless such dredging is exempt from Department
				permitting requirements.
(2) Any
				pier used for the dockage of water crafts not exempt from permitting
				requirements pursuant to Section
				 403.813(1)(b),
				F.S., shall be evaluated on the following criteria:
(a) For piers designed to moor three or more
				boats, water depths at the specific mooring site shall not be less than four
				feet mean low water. However, within those areas specified in subsection
				 62-312.400(3),
				F.A.C., where the specified additional conditions of this part are not
				applicable, water depths at any specific mooring site shall not be less than
				three feet, except at marinas. Such water depths at marinas shall be at least
				four feet, as described in this Part.
(b) For piers designed to moor one or two
				boats, water depths at the specific mooring site shall not be less than 3 feet
				mean low water.
(c) The applicant
				shall affirmatively demonstrate to the Department that adequate depths exist
				for ingress and egress of boats to the mooring site, and in no case shall the
				depth of the access area be less than the minimum depths necessary to avoid
				damage to a seagrass bed community or other biological communities listed in
				paragraph  62-312.410(1)(a),
				F.A.C.
(d) The applicant shall
				affirmatively demonstrate that proposed construction techniques shall protect
				the viability of a seagrass bed community or other biological communities as
				listed in paragraph  62-312.410(1)(a),
				F.A.C.
(e) Boat mooring sites shall
				not be located over a seagrass bed community at depths less than five feet mean
				low water or a coral reef regardless of water depth.
(f) All portions of the pier facility other
				than the specific mooring sites shall be designed in a manner which will
				prevent the mooring of watercraft other than at the specific mooring sites. The
				"specific mooring site" shall be defined as the dockage and associated loading
				areas including only those portions of finger piers not used solely to provide
				access.
(g) Sewage pump out
				facilities shall be provided at any site which provides dockage for ten or more
				vessels or at which a liveaboard vessel is proposed to be docked. Rule
				 64E-6.010, F.A.C. (1991),
				provide certain requirements for the servicing and maintenance of portable or
				temporary toilets and holding tank systems and the disposal of domestic septage
				from such systems.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.430 - Permitting Requirements for Marinas

Current through Reg. 50, No. 138; July 16, 2024
Marinas shall be evaluated on the following criteria. For the
				  purpose of this Part a marina shall be defined as a dockage facility providing
				  ten or more wet storage slips or providing commercial marine products or
				  services.
(1) Fueling facilities shall
				have automatic shutoff valves.
(2)
				Fuel storage or pumping facilities shall not be located on over-water
				structures.
(3) Spill containment
				equipment shall be located on site sufficient to prevent the discharge of
				pollutants into state waters beyond the marina boundary. Personnel trained in
				the use of the containment equipment shall be in attendance during all
				operating hours. At any time such personnel are not in attendance, fuel
				facilities shall be adequately secured to prevent use.
(4) Sewage pumpout facilities shall be
				provided.
(5) Water depths at the
				specific mooring sites shall not be less than four feet mean low
				water.
(6) The applicant shall
				affirmatively demonstrate to the Department that adequate depths exist for
				ingress and egress of boats to the mooring sites and in no case shall the
				depths of the access area be less than the minimum depth specified in
				subsection (5).
(7) Proposed
				construction techniques shall protect the viability of a seagrass bed community
				or other biological communities as listed in paragraph
				 62-312.410(1)(a),
				F.A.C.
(8) Boat mooring sites shall
				not be located over a seagrass bed community or coral reef regardless of water
				depth.
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061
					 FS.
New 6-8-88, Formerly 17-12.430, 17-312.430, Amended
					 10-3-95.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.440 - Permitting Requirements for Shoreline Stabilization

Current through Reg. 50, No. 138; July 16, 2024
(1) Permit applications for shoreline
				stabilization shall be evaluated on the following criteria:
(a) Except as provided in paragraphs
				 403.813(1)(e) 
				and  373.414(5)(b),
				F.S., and Chapter 62-330, F.A.C., vertical seawalls as defined by Chapter
				62-330, F.A.C., shall not be permitted within the waters regulated by this
				Part.
(b) Native aquatic vegetation
				shall be used for shore line stabilization, except at sites where an applicant
				can affirmatively demonstrate that the use of vegetation, including the
				existing undisturbed vegetation onsite, will not prevent erosion. The
				Department may allow the use of rip rap and other sloping revetments provided
				that:
1. No dredging and/or filling will be
				authorized other than that necessary for safe and efficient installation of the
				revetment,
2. Filter cloth
				underliners shall be used for all revetments,
3. The slope of the revetment shall be no
				steeper than 2 Horizontal:1 Vertical,
4. No revetment shall be placed over or
				within a sea grass bed community; and,
5. Only rocks two feet in diameter or larger
				shall be used as the outer layer of a rip rap
				revetment.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.450 - Mitigation

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding any of the prohibitions contained in this
				  rule, the Department shall consider mitigation pursuant to Section
				   373.414(1)(b),
				  F.S., and applicable Department rules to determine whether the project may
				  otherwise be permittable. In any application for mitigation, the applicant
				  shall demonstrate before issuance of any permit for the construction of the
				  intended project that the proposed mitigation will be effective. Mitigation
				  shall not be permitted where it appears after due considerations that
				  construction of the intended project will cause irreplaceable damage to the
				  site.
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061
					 FS.
New 6-8-88, Formerly 17-12.450, 17-312.450, Amended
					 10-3-95.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.460 - Special Consideration

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding any of the prohibitions contained in this
				  Part, the Department may issue permits for dredging and filling required for
				  the maintenance, construction, or reconstruction of the Overseas Highway
				  (U.S.1) where the applicant has demonstrated that the proposed project is
				  necessary for the protection of the public health, safety, or welfare and
				  complies with all other Department rules.
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061
					 FS.
New 6-8-88, Formerly 17-12.460, 17-312.460, Amended
					 10-3-95.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.800 - Scope of Part V (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.061,
					 403.813,
					 403.814
					 FS.
New 3-26-89, Formerly 17-12.800, 17-312.800, Amended
					 10-3-95, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.801 - General Permit to U.S. Forest Service for Minor Works Within National Forests in Florida (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 7-8-82, Formerly 17-4.55, 17-4.550, Amended 3-26-89,
					 Formerly 17-12.801, 17-312.801, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.803 - General Permit for Installation or Maintenance of Boat Ramps (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 474.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 7-8-82, Formerly 17-4.57, 17-4.570, Amended 3-26-89,
					 Formerly 17-12.803, 17-312.803, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.804 - General Permit for Riprap (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 7-8-82, Formerly 17-4.58, 17-4.580, Amended 3-26-89,
					 Formerly 17-12.804, 17-312.804, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.805 - General Permit for Headwalls and Culverts Associated with a Stormwater Discharge Facility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 7-8-82, Formerly 17-4.59, 17-4.590, 17-12.805,
					 17-312.805, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.806 - General Permit to the Florida Department of Transportation for Minor Works Within FDOT Rights-of-Way or Easements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813,
					 403.814, 403.817, 403.912, 403.913, 403.918-.921,
					  403.931 FS.
New 4-26-84, Formerly 17-4.66, 17-4.660, Amended 1-1-89,
					 3-26-89, Formerly 17-12.806, Amended 7-11-90, 1-29-91, Formerly 17-312.806,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.807 - General Permit for the Construction of Artificial Reefs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 4-26-84, Formerly 17-4.68, 17-4.680, 17-12.807,
					 17-312.807, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.808 - General Permit for Certain Piers and Associated Structures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 253.123,
					 253.124,
					 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817
					 FS.
New 4-26-84, Formerly 17-4.69, 17-4.690, Amended 3-26-89,
					 Formerly 17-12.808, 17-312.808, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.809 - General Permit to the Florida Department of Transportation for Minor Bridge Construction (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.817,
					 403.912,
					 403.913,
					 403.918,
					 403.931
					 FS.
New 7-11-90, Amended 1-29-91, Formerly 17-312.809, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.810 - General Permit to Perform Prospecting Activities for Phosphate Minerals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.750, 17-12.810, 17-312.810,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.811 - General Permit for Temporary Dragline Crossings of Waterways (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.760, 17-12.811, 17-312.811,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.812 - General Permit for Low Water Crossings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.770, 17-12.812, 17-312.812,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.813 - General Permit for the Installation of Fences (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.780, 17-12.813, 17-312.813,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.814 - General Permit to Florida Game and Fresh Water Fish Commission, U.S. Forest Service, and County and Municipal Governments for the Construction of Freshwater Fish Attractors (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.790, 17-12.814, 17-312.814,
					 Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.815 - General Permit for Ski Jumps and Slalom Courses (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.813,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Amended 10-28-87, Formerly 17-4.800, 17-12.815,
					 17-312.815, Repealed 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.816 - General Permit for the Construction or Maintenance of Culverted Driveway or Roadway Crossings and Bridges of Artificial Waterways (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.810, Amended 3-26-89, Formerly
					 17-12.816, 17-312.816, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.817 - General Permit for the Construction of Aerial Pipeline Crossings of Certain Waters (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 9-3-86, Formerly 17-4.820, 17-12.817, Amended 11-27-91,
					 Formerly 17-312.817, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.818 - General Permit for Subaqueous Utility Crossings of Artificial Waterways (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.087,
					 403.088,
					 403.814,
					 403.912,
					 403.913,
					 403.918,
					 403.919
					 FS.
New 11-16-89, Formerly 17-312.818, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.819 - General Permit for the Limited Dredging of Sediment for Aquatic Plant Management Purposes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.061,
					 403.062,
					 403.087,
					 403.813,
					 403.814,
					 403.817,
					 403.912,
					 403.913
					 FS.
New 12-17-90, Formerly 17-312.819, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.822 - General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.414(11)-(16),
					 373.4145,
					 403.814
					 FS.
New 1-19-94, Formerly 17-312.822, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.823 - General Permit for Floating Vessel Platforms and Floating Boat Lifts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1),
					 403.813(1),
					 403.814(1) FS.
					 Law Implemented  253.04,
					  373.414(11)-(16),
					  373.4145,
					  403.061,
					  403.087,
					  403.813(1),
					  403.814(1) 
					 FS.
New 8-4-05, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.824 - General Permit to Counties and Municipalities to Pave Existing County or Municipally Owned and Maintained Roads, including the Repair and Replacement of Bridges that are Part of the Roadway (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1),
					 403.813(1)(t)
					 FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088,
					 403.813(1)(t), 403.814, 403.817, 403.912, 403.913, 403.918 - .921,
					  403.931 FS.
New 3-15-07, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.825 - General Permit to U.S. Army Corps of Engineers for Environmental Restoration or Enhancement Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					  373.026,
					  373.043,
					 373.044,
					 373.118,
					 373.406,
					 373.4145 FS. Law Implemented
					 373.026,
					 373.043,
					  373.046,
					  373.118,
					  373.403,
					  373.413,
					  373.4145,
					  373.416,
					  373.418,
					  373.419,
					  373.422,
					  373.423,
					  373.426 FS.
New 12-5-06, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-312 - DREDGE AND FILL ACTIVITIES › Section 62-312.900 - Wetland Resource Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.414(11)-(16),
					 373.4145,
					 403.805(1) FS.
					 Law Implemented 373.409,
					 373.413,
					 373.414(9), (11), (12)(a), (13), (14), (15),
					 (16),
					 373.4145,
					 373.416,
					 373.418,
					 403.814
					 FS.
New 11-30-82, Amended 3-31-84, 10-16-84, 5-15-88, Formerly
					 17-1.203, 17-12.900, Amended 10-9-90, 6-5-91, 10-30-91, 5-25-92, Formerly
					 17-312.900, Amended 10-3-95, Repealed
					 1-5-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.020 - Regulated Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit under
				this chapter is not required for activities that qualify for:
(a) Operation and routine custodial
				maintenance of projects legally in existence under Chapter 403 or Part IV of
				Chapter 373, F.S., provided the terms and conditions of the permit, exemption,
				or other authorization for such projects continue to be met, and provided the
				activity is conducted in a manner that does not cause violations of state water
				quality standards. However, this exemption shall not apply to any project that
				is altered, modified, expanded, abandoned, or removed;
(b) An exemption listed in Rule
				 62-330.051 or
				 62-330.0511, F.A.C., or in
				section 1.3 (District-specific exemptions) of the applicable Volume
				II;
(c) The "grandfathering"
				provisions of Section
				 373.4131(4),
				 373.414(11), (12)(a), (13), (14), (15), or
				(16), F.S.; or
(d) The "10/2" general permit for upland
				stormwater systems authorized in Section
				 403.814(12),
				F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
Terms used in this chapter are defined in section 2.0 of
				  Volume I and section 2.1 of Volume II.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.4131,
					  373.414(9),
					  373.4141,
					  373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.4131,
					 373.414(9),
					 373.4141,
					 373.4145,
					  373.416,
					  373.418,
					  373.426 FS.
New 10-3-95, Amended 10-1-07, Formerly
					  62-341.021, Amended
					 10-1-13.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.050 - Procedures for Review and Agency Action on Exemption Requests

Current through Reg. 50, No. 138; July 16, 2024
(1) A notice to the Agency is not required to
				conduct an activity that is exempt under Rule
				 62-330.051, F.A.C., except where
				required in a specific exemption. Persons are encouraged, but not required, to
				use any available electronic self-certification service of the Agency to
				confirm that the activity meets the exemption.
(2) If a person desires Agency verification
				of qualification to conduct an exempt activity (other than for silviculture,
				for which the procedures in Rule
				 62-330.0511, F.A.C., apply), and
				a self-certification is not available or the person chooses not to use a
				self-certification, they may submit a written or electronic Form
				 62-330.050(1)  -
				"Request for Verification of an Exemption, " (December 22, 2020), incorporated
				by reference herein (
https://www.flrules.org/Gateway/reference.asp?No=Ref-12035
),
				or a letter that clearly requests an exemption verification. A copy of the form
				may be obtained from the Agency, as described in subsection
				 62-330.010(5),
				F.A.C. Such request must include:
(a) The
				processing fee prescribed in Rule
				 62-330.071, F.A.C. Only one
				exemption verification processing fee shall be assessed if the request contains
				multiple exempt activity types on a single parcel;
(b) A location map(s) of sufficient detail to
				allow someone who is unfamiliar with the area to locate the site of the
				activity;
(c) Drawings,
				calculations, and other supporting information to clearly depict and describe
				the proposed activities;
(d) The
				tax parcel identification number from the local government tax rolls;
(e) Contact information for the person
				requesting the verification; and,
(f) Authorization signed by the property
				owner allowing Agency staff to inspect the location of the proposed
				activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.051 - Exempt Activities

Current through Reg. 50, No. 138; July 16, 2024
The activities meeting the limitations and restrictions below
				  are exempt from permitting. However, if located in, on, or over state-owned
				  submerged lands, they are subject to a separate authorization under Chapters
				  253 and 258, F.S., as applicable.
(1)
				Activities conducted in conformance with the District-specific exemptions in
				section 1.3 of Volume II applicable to the location of the activity.
(2) Activities conducted in conformance with
				the exemptions in Section
				 373.406, or
				 403.813(1),
				F.S.
(3) Aquatic Plant and Organic
				Detrital Control and Removal -
(a) Disking and
				tilling of exposed lake bottoms in accordance with a permit issued by the
				Florida Fish and Wildlife Conservation Commission or an exemption under Chapter
				369, F.S.
(b) Organic detrital
				material removal in accordance with Section
				 403.813(1)(r) or
				(u), F.S.
(c) Aquatic plant control where the activity
				qualifies for an exemption authorized under Section
				 369.20, F.S., or in a permit
				from the Florida Fish and Wildlife Conservation Commission under Section
				 369.20 or
				 369.22, F.S.; and the harvested
				plant material is not disposed of in wetlands or other surface waters, or in a
				manner that adversely affects water quality or flood control.
(d) The mechanical harvesting or shredding of
				aquatic plants and incidentally associated sediments, including subsequent side
				casting of the harvested or shredded material, provided:
1. The activity is authorized and conducted
				by the Florida Fish and Wildlife Conservation Commission, under Section
				 369.20 or
				 369.22, F.S.;
2. The work involves no dredging and is the
				minimum amount necessary for maintaining existing navigation corridors and
				preventing flooding, and in no case shall exceed five total acres of
				harvesting, shredding, and sidecasting;
3. The work is performed in a manner that
				does not adversely affect water quality or flood control; and
4. Notice of intent to use this exemption is
				provided to the Agency five days before performing any
				work.