Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.007 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) Activities that have not been prohibited,
				or subject to permit review may be conducted within the river area without a
				Myakka River permit unless the activities will have adverse impacts on resource
				values in the river area. If there is evidence produced or observed by
				department staff based on standards and factors specified in Rule
				 62D-15.008, F.A.C., that an
				activity, subject to this paragraph adversely impacts resource values, the
				department will notify the appropriate persons conducting the activity, that
				they must submit a permit application within 14 days to the department. For
				exempted activities submitted for permit review that were conducted prior to
				the effective date of this rule, the department shall approve these activities
				with or without conditions based on standards and factors specified in Rule
				 62D-15.008, F.A.C. Activities
				subject to this paragraph conducted after the effective date of this rule, must
				be submitted for permit review as specified in Rules
				 62D-15.008 and
				 62D-15.009 F.A.C. The department
				will approve with or without conditions, or deny the activity pursuant to Rules
				 62D-15.008 and
				 62D-15.009, F.A.C., and
				procedures set forth in Section
				 120.60, F.S., governing
				licensure. Applications to conduct exempted activities or to replace damaged
				structures, under this section, in existence prior to the effective date of
				this rule will not be subject to permit application fees under Rule
				 62D-15.011, F.A.C.
(2) In the event that an exempted structure
				in existence prior to the effective date of this rule is damaged or destroyed
				by 50 percent or more of materials or construction, and is no longer suitable
				to safely serve its intended purpose, the person owning or operating such
				structure, in order to re-establish the structure, must submit a permit
				application for review and approval as specified under Rules
				 62D-15.008, and
				 62D-15.009, F.A.C. The
				department shall review, and approve the application with or without
				conditions, as specified in Rules
				 62D-15.008, and
				 62D-15.009, F.A.C., for
				reestablishment of the damaged structure.
(3) The following activities may be conducted
				by persons without having submitted a permit application unless the activity
				will adversely impact resource values as evidenced or observed by department
				staff under this section, subsection (1):
(a)
				Commercial fishing;
(b) Maintenance
				or repair, but not including expanding, remodeling or renovation, of existing
				structures;
(c) Continuation of
				yard maintenance activities such as mowing, trimming or pruning of vegetation
				only to prevent or minimize potential damage to existing structures or for the
				continuation of activities which had been conducted prior to the effective date
				of this rule;
(d) Structures, land
				uses and water-dependent activities on public and private lands in existence at
				the effective date of this rule within the river area, including but not
				limited to docks and associated mooring pilings, boat ramps, shore protection
				structures, fences, other structures;
(e) Continuation of existing agricultural and
				forestry practices or activities similar in nature to those existing on the
				site, within the river area, at the effective date of this rule;
(f) Continuation of existing drainage and
				water management practices, including but not limited to, repair or maintenance
				of impoundments, dams, diversions, pumping operations, swales, ditches, pipes,
				or canals;
(g) Resource management
				practices of government agencies including but not limited to, prescribed
				burning or exotic and nuisance species control, for the protection,
				conservation, rehabilitation, or restoration of resource values;
(h) Installation of devices for measuring
				water quality, water quantity, hydrologic conditions, or other ecological
				conditions by governmental agencies, private not-for-profit research
				organizations, and persons who are required to install such devices as a
				requirement of obtaining a permit from a governmental agency;
(i) Continuation of existing facilities and
				easements for utilities and roads, including repair and maintenance, but not
				including increasing the size of easements or structures of such facilities
				which shall be subject to Rules
				 62D-15.006 and
				 62D-15.008, F.A.C.;
(j) Renovating or replacing facilities or
				structures by a public utility so long as the footprint of the facility or
				structure is not materially enlarged or the facility or structure is not
				relocated; and,
(k) Mowing,
				trimming, pruning, removing or cutting native vegetation to the extent required
				to maintain or construct public utility facilities or
				structures.