reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.221 - General Permit for Response Operations for Oil or Hazardous Substances

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes:
(a) Activities conducted in response to a
				spill or release of oil or hazardous substances that are subject to the
				National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR Part
				300 as of July 1, 2019, incorporated by reference herein (
https://flrules.org/Gateway/reference.asp?No=Ref-12043
)),
				including containment, cleanup, and mitigation efforts, provided that the
				activities are done under either:
1. The Spill
				Control and Countermeasure Plan required by  40 CFR §
												112.3  as of July 1,
				2019, incorporated by reference herein (
https://flrules.org/Gateway/reference.asp?No=Ref-12044
));
2. The direction or oversight of the federal
				on-scene coordinator designated by  40 CFR Part 300  ; or
3. Any approved existing state, regional or
				local contingency plan provided that the Regional Response Team (if one exists
				in the area) concurs with the proposed response efforts.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.222 - General Permit for Removal of Vessels

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes temporary
				structures or minor dredging or filling required for the removal of wrecked,
				abandoned, or disabled vessels.
(2)
				This general permit does not authorize maintenance dredging, shoal removal, or
				riverbank snagging.
(3) The
				permittee must submit a notice of intent to use this general permit to the
				Agency prior to commencing the activity if:
(a) The activity is conducted in a special
				aquatic site, including wetlands;
or
(b) The
				vessel is listed or eligible for listing in the National Register of Historic
				Places. If this condition is triggered, the permittee cannot commence the
				activity until informed by the Agency that compliance with the "Historic
				Properties" general condition is completed.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
												373.4146,
				  F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.223 - General Permit for Approved Categorical Exclusions

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes activities
				undertaken, assisted, authorized, regulated, funded, or financed, in whole or
				in part, by a federal agency or department, where:
(a) That agency or department has determined,
				pursuant to the Council on Environmental Quality's implementing regulations for
				the National Environmental Policy Act, that the activity is categorically
				excluded from the requirement to prepare an environmental impact statement or
				environmental assessment analysis, because it is included within a category of
				actions which neither individually nor cumulatively have a significant effect
				on the human environment; and
(b)
				The Office of the Chief of Engineers (Corps) has concurred that the activity is
				categorically excluded. The list of activity types for which the Office of the
				Chief of Engineers has concurred categorical exclusion can be found in the
				current Corps' Regulatory Guidance Letter (RGL) regarding categorical
				exclusions. Current RGLs can be found online in the Corps' Jacksonville
				District Regulatory Division Sourcebook.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.224 - General Permit for Structural Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				placement of fill material such as concrete, sand, rock, etc., into tightly
				sealed forms or cells where the material will be used as a structural member
				for standard pile supported structures, such as bridges, transmission line
				footings, and walkways, including the excavation of bottom material from within
				the form prior to the placement of concrete, sand, rock, etc.
(2) This general permit does not authorize
				filled structural members that would support buildings, building pads, homes,
				house pads, parking areas, storage areas and other such structures.
Editor notes:
The effective date of the
				  rule will be the effective date of assumption, which is the date identified by
				  EPA as published in the Federal Register §
											373.4146,
				  F.S.
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118 (1),
					 373.4131,
					 373.414(9),
					 373.4145,
					 373.4146(2),
					 403.805(1) FS.
					 Law Implemented 373.118,
					  373.129,
					  373.136,
					  373.413,
					  373.4131,
					  373.414,
					  373.4145,
					  373.4146,
					  373.416,
					  373.422,
					  373.423,
					  373.429 FS.
New 12-22-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.225 - General Permit for Aquatic Habitat Restoration, Enhancement, and Creation Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general
				permit authorizes the following activities:
(a) Activities in state-assumed waters
				associated with the restoration, enhancement, and creation of non-tidal
				wetlands and riparian areas, the restoration and enhancement of streams and
				other open waters, provided those activities result in net increases in aquatic
				resource functions and services. To the extent that an activity requires a
				Section 404 permit, the activities authorized by this general permit, include,
				but are not limited to:
1. The removal of
				accumulated sediments;
2. The
				installation, removal, and maintenance of small water control structures,
				dikes, and berms, as well as dredging or filling to restore appropriate stream
				channel configurations after small water control structures, dikes, and berms,
				are removed;
3. The installation of
				current deflectors;
4. The
				enhancement, rehabilitation, or re-establishment of riffle and pool stream
				structure;
5. The placement of
				in-stream habitat structures;
6.
				Modifications of the stream bed and/or banks to enhance, rehabilitate, or
				re-establish stream meanders;
7.
				The removal of stream barriers, such as undersized culverts, fords, and grade
				control structures;
8. The
				backfilling of artificial channels;
9. The removal of existing drainage
				structures, such as drain tiles, and the filling, blocking, or reshaping of
				drainage ditches to restore wetland hydrology;
10. The installation of structures or fills
				necessary to restore or enhance wetland or stream hydrology;
11. The construction of open water
				areas;
12. Activities needed to
				reestablish vegetation, including plowing or discing for seed bed preparation
				and the planting of appropriate wetland species;
13. Re-establishment of submerged aquatic
				vegetation in areas where those plant communities previously existed;
14. Mechanized land clearing to remove
				non-native invasive, exotic, or nuisance vegetation;
15. Other related
				activities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.226 - General Permit for Specific Reversion Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling associated with the reversion of an area permitted under Corps
				Nationwide Permit 27, the general permit under Rule
				 62-331.225, F.A.C., or any other
				applicable ERP or Section 404 permit that specifically references reversion, to
				its documented prior condition when the reversion is conducted:
(a) In accordance with the terms and
				conditions of a binding stream or wetland enhancement or restoration agreement,
				or a wetland creation agreement, between the landowner and the U.S. Fish and
				Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the
				Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the
				National Ocean Service (NOS), U.S. Forest Service (USFS), or a state agency;
				or
(b) As a component of voluntary
				wetland restoration, enhancement, and creation actions documented by the NRCS
				or USDA Technical Service Provider pursuant to NRCS Field Office Technical
				Guide standards.
(c) In
				state-assumed waters for reversion of wetlands that were restored, enhanced, or
				established on prior-converted cropland or on uplands, in accordance with a
				binding agreement between the landowner and NRCS, FSA, FWS, or state agencies
				(even though the restoration, enhancement, or creation activity did not require
				a Section 404 permit).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.227 - General Permit for Residential Developments

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredge or fill
				activities in state-assumed waters for the construction or expansion of a
				single residence, a multiple unit residential development, or a residential
				subdivision.
(b) The construction
				of building foundations and building pads and attendant features that are
				necessary for the use of the residence or residential development. Attendant
				features may include but are not limited to roads, parking lots, garages,
				yards, utility lines, storm water management facilities, septic fields, and
				recreation facilities such as playgrounds, playing fields, and golf courses
				(provided the golf course is an integral part of the residential
				development).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.228 - General Permit for Moist Soil Management for Wildlife

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities dredging or filling in state-assumed waters and
				maintenance activities that are associated with moist soil management for
				wildlife for the purpose of continuing ongoing, site specific, wildlife
				management activities where soil manipulation is used to manage habitat and
				feeding areas for wildlife. Such activities include but are not limited to:
				plowing or discing to impede succession, preparing seed beds, or establishing
				fire breaks. Sufficient riparian areas must be maintained adjacent to all open
				water bodies, including streams, to preclude water quality degradation due to
				erosion and sedimentation.
(2) This
				general permit does not authorize:
(a)
				Construction of new dikes, roads, water control structures, or similar features
				associated with the management areas.
(b) The conversion of wetlands to uplands,
				impoundments, or other open water bodies.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.229 - General Permit for Maintenance of Existing Flood Control Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging or filling
				resulting from activities associated with the maintenance of existing flood
				control facilities, including debris basins, retention/detention basins,
				levees, and channels that:
1. Were previously
				authorized by a Section 404 individual permit, general permit, or  33 CFR §
												330.3, incorporated by reference in paragraph
				 62-331.210(1)(a),
				F.A.C., or did not require a permit at the time they were constructed;
				or
2. Were constructed by the Corps
				and transferred to a non-Federal sponsor for operation and
				maintenance.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.230 - General Permit for Completed Federal Enforcement Actions

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes any
				structure, work, or activity remaining in place or undertaken for mitigation,
				restoration, or environmental benefit in compliance with either:
(a) The terms of a final written Corps
				non-judicial settlement agreement resolving a violation of Section 404 of the
				Clean Water Act; or the terms of an EPA 309(a) order on consent resolving a
				violation of section 404 of the Clean Water Act, provided that:
1. The activities authorized by this general
				permit cannot adversely affect more than five acres of state-assumed
				waters;
2. The settlement agreement
				provides for environmental benefits, to an equal or greater degree, than the
				environmental detriments caused by the unauthorized activity that this general
				permit is authorizing; and
3. The
				Agency issues a verification letter authorizing the activity subject to the
				terms and conditions of this general permit and the settlement agreement,
				including a specified completion date; or
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.231 - General Permit for Temporary Construction, Access, and Dewatering

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Temporary
				structures, work, dredging, and filling, including cofferdams, necessary for
				construction activities or access fills or dewatering of construction sites,
				provided that the associated primary activity is authorized by the
				Agency.
(b) Temporary structures,
				work, dredging, and filling, including cofferdams, necessary for construction
				activities not otherwise subject to permit requirements.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.233 - General Permit for Boat Ramps

Current through Reg. 50, No. 138; July 16, 2024
(1)
				This general permit authorizes the following activities required for the
				construction of boat ramps, provided the activity meets all of the following
				criteria:
(a) Fill in state-assumed waters
				does not exceed 50 cubic yards of concrete, rock, crushed stone or gravel into
				forms, or in the form of pre-cast concrete planks or slabs, unless the Agency
				waives the 50 cubic yard limit by making a written determination concluding
				that the activity will result in no more than minimal adverse environmental
				effects;
(b) The boat ramp does not
				exceed 20 feet in width, unless the Agency waives this criterion by making a
				written determination concluding that the activity will result in no more than
				minimal adverse environmental effects;
(c) The base material is crushed stone,
				gravel, or other suitable material;
(d) The excavation is limited to the area
				necessary for site preparation and all excavated material is removed to an area
				that has no state-assumed waters; and
(e) No material is placed in special aquatic
				sites, including wetlands.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.234 - General Permit for Emergency Watershed Protection and Rehabilitation

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes work done
				by or funded by:
(a) The Natural Resources
				Conservation Service for a situation requiring immediate action under its
				emergency Watershed Protection Program (  7 CFR Part 624  (Jan. 1,
				2019));
(b) The U.S. Forest Service
				under its Burned-Area Emergency Rehabilitation Handbook (FSH
				 2509.13 (Jan. 12,
				1995));
(c) The Department of the
				Interior for wildland fire management burned area emergency stabilization and
				rehabilitation (DOI Manual part 620, Ch. 3 (Jan. 18, 2017));
(d) The Office of Surface Mining, Reclamation
				and Enforcement, or states with approved programs, for abandoned mine land
				reclamation activities under Title IV of the Surface Mining Control and
				Reclamation Act or 30 CFR subchapter R (July 1, 2019); or
(e) The Farm Service Agency under its
				Emergency Conservation Program (  7 CFR Part 701  (Jan. 1,
				2019)).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.235 - General Permit for Cleanup of Hazardous and Toxic Waste

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Specific activities
				required to affect the containment, stabilization, or removal of hazardous or
				toxic waste materials that are performed, ordered, or sponsored by a government
				agency with established legal or regulatory authority.
(b) Court ordered remedial action plans or
				related settlements.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.236 - General Permit for Commercial and Institutional Developments

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling in state-assumed waters for the construction or expansion of
				commercial and institutional building foundations and building pads and
				attendant features that are necessary for the use and maintenance of the
				structures.
(a) Attendant features may
				include, but are not limited to, roads, parking lots, garages, yards, utility
				lines, storm water management facilities, wastewater treatment facilities, and
				recreation facilities such as playgrounds and playing fields.
(b) Examples of commercial developments
				include retail stores, industrial facilities, restaurants, business parks, and
				shopping centers.
(c) Examples of
				institutional developments include schools, fire stations, government office
				buildings, judicial buildings, public works buildings, libraries, hospitals,
				and places of worship.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.237 - General Permit for Agricultural Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging and
				filling in state-assumed waters for agricultural activities, including the
				construction of building pads for farm buildings. Authorized activities include
				the installation, placement, or construction of drainage tiles, ditches, or
				levees; mechanized land clearing; land leveling; the relocation of existing
				serviceable drainage ditches constructed in state-assumed waters; and similar
				activities.
(b) Construction of
				farm ponds in state-assumed waters, excluding perennial streams, provided the
				farm pond is used solely for agricultural purposes.
(c) Dredging or filling in state-assumed
				waters to relocate existing serviceable drainage ditches constructed in
				streams.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.238 - General Permit for Reshaping Existing Drainage Ditches

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling in state-assumed waters, excluding non-tidal wetlands adjacent to
				tidal retained waters, to modify the cross-sectional configuration of currently
				serviceable drainage ditches constructed in state-assumed waters, for the
				purpose of improving water quality by regrading the drainage ditch with gentler
				slopes, which can reduce erosion, increase growth of vegetation, and increase
				uptake of nutrients and other substances by vegetation.
(2) The reshaping of the ditch cannot:
(a) Increase drainage capacity beyond the
				original as-built capacity;
(b)
				Expand the area drained by the ditch as originally constructed;
(c) Change the rate or volume of water
				discharged from the site from original design capacity conditions.
(d) Cause erosion or sedimentation, or
				violate state water quality standards.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.239 - General Permit for Recreational Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging or filling
				in state-assumed waters for the construction or expansion of recreational
				facilities. Examples of recreational facilities that may be authorized by this
				general permit include playing fields (
e.g.,
football fields,
				baseball fields), basketball courts, tennis courts, hiking trails, bike paths,
				golf courses, ski areas, horse paths, nature centers, and campgrounds
				(excluding recreational vehicle parks).
(b) Construction or expansion of small
				support facilities, such as maintenance and storage buildings and stables that
				are directly related to the recreational activity,
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.240 - General Permit for Stormwater Management Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging or filling
				in state-assumed waters for the construction of stormwater management
				facilities, including stormwater detention basins and retention basins and
				other stormwater management facilities;
(b) The construction of water control
				structures, outfall structures and emergency spillways;
(c) The construction of low impact
				development integrated management features such as bioretention facilities
				(e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration
				trenches; and the construction of pollutant reduction green infrastructure
				features designed to reduce inputs of sediments, nutrients, and other
				pollutants into waters to meet reduction targets established under Total Daily
				Maximum Loads set under the Clean Water Act.
(d) To the extent that a Section 404 permit
				is required, dredging or filling in state-assumed waters for the maintenance of
				stormwater management facilities, low impact development integrated management
				features, and pollutant reduction green infrastructure
				features.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.241 - General Permit for Mining Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling in state-assumed waters for mining activities, provided the activity
				meets all of the following criteria:
(a) For
				mining activities involving dredging or filling in wetlands, the activity must
				not cause the loss of greater than 1/2-acre of wetlands;
(b) For mining activities involving dredging
				or filling in open waters (e.g., streams, lakes, and ponds) the mined area,
				including permanent and temporary impacts due to dredging or filling in
				state-assumed waters, must not exceed 1/2-acre; and
(c) The acreage loss under subparagraph
				(1)(a)1. plus, the acreage impact under subparagraph (1)(a)2. does not exceed
				1/2-acre.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.242 - General Permit for Repair of Uplands Damaged by Discreet Events

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging or filling
				in state-assumed waters for activities associated with the restoration of
				upland areas damaged by storms, floods, or other discrete events.
(b) Bank stabilization to protect the
				restored uplands.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.243 - General Permit for Activities in Ditches

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes activities
				in ditches that:
(a) Are constructed in
				uplands,
(b) Receive water from an
				area determined to be a water of the United States prior to the construction of
				the ditch,
(c) Divert water to an
				area determined to be a water of the United States prior to the construction of
				the ditch, and
(d) Are determined
				to be state-assumed waters.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.244 - General Permit for Commercial Shellfish Aquaculture Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes the
				following activities:
(a) Dredging or filling
				in state-assumed waters for new and continuing commercial shellfish aquaculture
				operations in authorized project areas. For the purposes of this general
				permit, the project area is the area in which the operator is authorized to
				conduct commercial shellfish aquaculture activities, as identified through a
				lease or permit issued by an appropriate state or local government agency, a
				treaty, or any easement, lease, deed, contract, or other legally binding
				agreement that establishes an enforceable property interest for the operator. A
				"new commercial shellfish aquaculture operation" is an operation in a project
				area where commercial shellfish aquaculture activities have not been conducted
				during the past 100 years.
(b) The
				installation of buoys, floats, racks, trays, nets, lines, tubes, containers,
				and other structures into state-assumed waters.
(c) Dredging or filling in state-assumed
				waters necessary for shellfish seeding, rearing, cultivating, transplanting,
				and harvesting activities. Rafts and other floating structures must be securely
				anchored and clearly marked.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.245 - General Permit for Land-Based Renewable Energy Generation Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes dredging
				or filling in state-assumed waters for the construction, expansion, or
				modification of land-based renewable energy production facilities, including
				attendant features.
(a) Such facilities
				include infrastructure to collect solar (concentrating solar power and
				photovoltaic), wind, biomass, or geothermal energy.
(b) Attendant features may include, but are
				not limited to roads, parking lots, and stormwater management facilities within
				the land-based renewable energy generation facility.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.246 - General Permit for Water-Based Renewable Energy Generation Pilot Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) This general
				permit authorizes dredging or filling in state-assumed waters for the
				construction, expansion, modification, or removal of water-based wind,
				water-based solar, wave energy, or hydrokinetic renewable energy generation
				pilot projects and their attendant features.
(a) Attendant features may include, but are
				not limited to, land-based collection and distribution facilities, control
				facilities, roads, parking lots, and stormwater management
				facilities.
(b) For the purposes of
				this general permit, the term "pilot project" means an experimental project
				where the water-based renewable energy generation units will be monitored to
				collect information on their performance and environmental effects at the
				project site.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-331 - STATE 404 PROGRAM › Section 62-331.247 - General Permit for Removal of Low-Head Dams

Current through Reg. 50, No. 138; July 16, 2024
(1) This general permit authorizes
				structures, work, dredging, and filling associated with the removal of low-head
				dams. For the purposes of this general permit, the term "low-head dam" is
				defined as a dam built across a stream to pass flows from upstream over all, or
				nearly all, of the width of the dam crest on a continual and uncontrolled
				basis. During a drought, there might not be water flowing over the dam crest.
				Low-head dams do not have a separate spillway or spillway gates, but it may
				have an uncontrolled spillway. The dam crest is the top of the dam from left
				abutment to right abutment, and if present, an uncontrolled spillway. A
				low-head dam provides little storage function.
(2) This general permit is subject to the
				following conditions:
(a) The removed low-head
				dam structure must be deposited and retained in an upland area, unless
				otherwise specifically approved by the Agency under separate
				authorization;
(b) The Agency may
				require compensatory mitigation if the net increase in ecological function from
				the removal and any related restoration activities does not fully offset any
				loss in ecological function resulting from the dam removal.
(c) In waters accessible to manatees, the
				Agency shall coordinate with the appropriate state or federal wildlife agency
				so that appropriate action can be taken to limit potential adverse effects to
				manatees.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.100 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule's intent is to provide a
				unified statewide methodology for the delineation of the extent of wetlands and
				surface waters to satisfy the mandate of Section
				 373.421, F.S. This delineation
				methodology is intended to approximate the combined landward extent of wetlands
				as determined by a water management district and the Department immediately
				before the effective date of this rule. Before implementing the specific
				provisions of this methodology, the regulating agency shall attempt to identify
				wetlands according to the definition for wetlands in Section
				 373.019(25),
				F.S., and subsection  62-340.200(19),
				F.A.C., below. The landward extent of wetlands shall be determined by the
				dominance of plant species, soils and other hydrologic evidence indicative of
				regular and periodic inundation or saturation. In all cases, attempts shall be
				made to locate the landward extent of wetlands visually by on site inspection,
				or aerial photointerpretation in combination with ground truthing, without
				quantitative sampling. If this cannot be accomplished, the quantitative methods
				in paragraph  62-301.400(1)(c),
				F.A.C., shall be used unless the applicant or petitioner and regulating agency
				agree, in writing, on an alternative method for quantitatively analyzing the
				vegetation onsite. The methodology shall not be used to delineate areas which
				are not wetlands as defined in subsection
				 62-340.200(19),
				F.A.C., nor to delineate as wetlands or surface waters areas exempted from
				delineation by statute or agency rule.
(2) The Department shall be responsible for
				ensuring statewide coordination and consistency in the delineation of surface
				waters and wetlands pursuant to this rule, by providing training and guidance
				to the Department, Districts, and local governments in implementing the
				methodology.
Rulemaking Authority
					 373.421 FS. Law Implemented
					 373.421,
					 373.4211
					 FS.
New 7-1-94, Formerly
					 17-340.100.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.300 - Delineation of Wetlands

Current through Reg. 50, No. 138; July 16, 2024
The landward extent (i.e., the boundary) of wetlands as
				  defined in subsection
				   62-340.200(19),
				  F.A.C., shall be determined by applying reasonable scientific judgment to
				  evaluate the dominance of plant species, soils, and other hydrologic evidence
				  of regular and periodic inundation and saturation as set forth below. In
				  applying reasonable scientific judgment, all reliable information shall be
				  evaluated in determining whether the area is a wetland as defined in subsection
				   62-340.200(19),
				  F.A.C.
(1) Before using the wetland
				delineation methodology described below, the regulating agency shall attempt to
				identify and delineate the landward extent of wetlands by direct application of
				the definition of wetlands in subsection
				 62-340.200(19),
				F.A.C., with particular attention to the vegetative communities which the
				definition lists as wetlands and non-wetlands. If the boundary cannot be
				located easily by use of the definition in subsection
				 62-340.200(19),
				F.A.C., the provisions of this rule shall be used to locate the landward extent
				of a wetland. In applying the provisions of this rule, the regulating agency
				shall attempt to locate the landward extent of wetlands visually by on site
				inspection, or aerial photointerpretation in combination with ground
				truthing.
(2) The landward extent
				of a wetland as defined in subsection
				 62-340.200(19),
				F.A.C., shall include any of the following areas:
(a) Those areas where the aereal extent of
				obligate plants in the appropriate vegetative stratum is greater than the areal
				extent of all upland plants in that stratum, as identified using the method in
				Rule  62-340.400, F.A.C., and either:
1. The substrate is composed of hydric soils
				or riverwash, as identified using standard U.S.D.A.-S.C.S. practices for
				Florida, including the approved hydric soil indicators, except where the hydric
				soil is disturbed by a nonhydrological mechanical mixing of the upper soil
				profile and the regulating agency establishes through data or evidence that
				hydric soil indicators would be present but for the disturbance,
2. The substrate is nonsoil, rock
				outcrop-soil complex, or the substrate is located within an artificially
				created wetland area, or
3. One or
				more of the hydrologic indicators listed in Rule
				 62-340.500, F.A.C., are present
				and reasonable scientific judgment indicates that inundation or saturation is
				present sufficient to meet the wetland definition of subsection
				 62-340.200(19),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.400 - Selection of Appropriate Vegetative Stratum

Current through Reg. 50, No. 138; July 16, 2024
Dominance of plant species, as described in paragraphs
				   62-340.300(2)(a) 
				  and  62-340.300(2)(b),
				  F.A.C., shall be determined in a plant stratum (canopy, subcanopy, or ground
				  cover). The top stratum shall be used to determine dominance unless the top
				  stratum, exclusive of facultative plants, constitutes less than 10 percent
				  areal extent, or unless reasonable scientific judgment establishes that the
				  indicator status of the top stratum is not indicative of the hydrologic
				  conditions on site. In such cases, the stratum most indicative of on site
				  hydrologic conditions, considering the seasonal variability in the amount and
				  distribution of rainfall, shall be used. The evidence concerning the presence
				  or absence of regular and periodic inundation or saturation shall be based on
				  in situ data. All facts and factors relating to the presence or absence of
				  regular and periodic inundation or saturation shall be weighed in deciding
				  whether the evidence supports shifting to a lower stratum. The presence of
				  obligate, facultative wet, or upland plants in a lower stratum does not by
				  itself constitute sufficient evidence to shift strata, but can be considered
				  along with other physical data in establishing the weight of evidence necessary
				  to shift to a lower stratum. The burden of proof shall be with the party
				  asserting that a stratum other than the top stratum should be used to determine
				  dominance. Facultative plants shall not be considered for purposes of
				  determining appropriate strata or dominance.
Rulemaking Authority
					 373.421 FS. Law Implemented
					 373.421,
					 373.4211
					 FS.
New 7-1-94, Formerly
					 17-340.400.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.550 - Wetland Hydrology

Current through Reg. 50, No. 138; July 16, 2024
A wetland delineation using the methodology described above,
				  can be refuted by either reliable hydrologic records or site specific
				  hydrologic data which indicate that neither inundation for at least seven
				  consecutive days, nor saturation for at least twenty consecutive days, occurs
				  during conditions which represent long-term hydrologic conditions. Hydrologic
				  records or site specific hydrologic data must be of such a duration, frequency,
				  and accuracy to demonstrate that the records or data are representative of the
				  long-term hydrologic conditions, including the variability in quantity and
				  seasonality of rainfall. When sufficient amounts of either reliable hydrologic
				  records or site specific hydrologic data are not available to prove that the
				  wetland area of concern does not inundate or saturate as described above, a
				  site-specific field-verified analytic or numerical model may be used to
				  demonstrate that the wetland area no longer inundates or saturates regularly or
				  periodically under typical long-term hydrologic conditions. Before initiating
				  the use of a model to evaluate if a wetland delineation should be refuted based
				  on hydrologic conditions, the applicant or petitioner shall first meet with the
				  appropriate regulating agency and reach an agreement on the terms of study,
				  including data collection, the specific model, model development and
				  calibration, and model verification. If the data, analyses, or models are
				  deemed inadequate based on the hydrologic conditions being addressed, the
				  regulating agency shall provide a case-by-case review of the applicability of
				  any data, analyses, or models and shall provide specific reasons, based on
				  generally accepted scientific and engineering practices, why they are
				  inadequate.
Rulemaking Authority
					 373.421 FS. Law Implemented
					 373.421,
					 373.4211
					 FS.
New 7-1-94, Formerly
					 17-340.550.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.600 - Surface Waters

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of Section
				 373.421, F.S., surface waters
				are waters on the surface of the earth, contained in bounds created naturally
				or artificially, including, the Atlantic Ocean, the Gulf of Mexico, bays,
				bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers,
				streams, springs, creeks, branches, sloughs, tributaries, and other
				watercourses. However, state water quality standards apply only to those waters
				defined in Section  403.031(13),
				F.S.
(2) The landward extent of a
				surface water in the State for the purposes of implementing Section
				 373.414, F.S., shall be the more
				landward of the following:
(a) Wetlands as
				located by Rule  62-340.300, F.A.C., of this
				chapter;
(b) The mean high water
				line elevation for tidal water bodies;
(c) The ordinary high water line for
				non-tidal natural water bodies;
(d)
				The top of the bank for artificial lakes, borrow pits, canals, ditches and
				other artificial water bodies with side slopes of 1 foot vertical to 4 feet
				horizontal or steeper, excluding spoil banks when the canals and ditches have
				resulted from excavation into the ground, or
(e) The seasonal high water line for
				artificial lakes, borrow pits, canals, ditches, and other artificial water
				bodies with side slopes flatter than 1 foot vertical to 4 feet horizontal along
				with any artificial water body created by diking or impoundment above the
				ground.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.700 - Exemptions for Treatment or Disposal Systems

Current through Reg. 50, No. 138; July 16, 2024
(1) Alteration
				and maintenance of the following shall be exempt from the rules adopted by the
				department and the water management districts to implement Sections
				 373.414(1) 
				through  373.414(6),
				 373.414(8)  and
				 373.414(10),
				F.S.; and Section  373.414(7),
				F.S., regarding any authority to apply state water quality standards within any
				works, impoundments, reservoirs, and other watercourses described in this
				subsection and any authority granted pursuant to Section
				 373.414, F.S. (1991):
(a) Works, impoundments, reservoirs, and
				other watercourses constructed and operated solely for wastewater treatment or
				disposal in accordance with a valid permit reviewed or issued under Rules
				62-28.700,  62-302.520, F.A.C., Chapter
				62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, or
				62-701, F.A.C., or Section
				 403.0885, F.S., or rules
				implementing Section  403.0885, F.S., except for
				treatment wetlands or receiving wetlands permitted to receive wastewater
				pursuant to Chapter 62-611, F.A.C., or Section
				 403.0885, F.S., or its
				implementing rules;
(b) Works,
				impoundments, reservoirs, and other watercourses constructed solely for
				wastewater treatment or disposal before a construction permit was required
				under Chapter 403, F.S., and operated solely for wastewater treatment or
				disposal in accordance with a valid permit reviewed or issued under Rules
				62-28.700,  62-302.520, F.A.C., Chapters
				62-17, 62-600, 62-610, 62-640, 62-650, 62-660, 62-670, 62-671, 62-673, or
				62-701, F.A.C., or Section
				 403.0885, F.S., or rules
				implementing Section  403.0885, F.S., except for
				treatment wetlands or receiving wetlands permitted to receive wastewater
				pursuant to Chapter 62-611, F.A.C., or section
				 403.0885, F.S., or its
				implementing rules;
(c) Works,
				impoundments, reservoirs, and other watercourses of less than 0.5 acres in
				combined area on a project-wide basis, constructed and operated solely for
				stormwater treatment in accordance with a noticed exemption under Chapter
				62-25, F.A.C., or a valid permit issued under Chapters 62-25 (excluding Rule
				 62-25.042, F.A.C.), 62-330,
				40B-4, 40C-4, 40C-42 (excluding Rule
				 40C-42.0265, F.A.C.), 40C-44,
				40D-4, 40D-40, 40D-45, or 40E-4, F.A.C., except those permitted as wetland
				stormwater treatment systems, or
(d) Works, impoundments, reservoirs, and
				other watercourses of less than 0.5 acres in combined area on a project-wide
				basis, constructed and operated solely for stormwater treatment before a permit
				was required under Chapter 62-25, 40B-4, 40C-4, 40C-42, 40C-44, 40D-4, 40D-40,
				40D-45, or 40E-4, F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-340 - DELINEATION OF THE LANDWARD EXTENT OF WETLANDS AND SURFACE WATERS › Section 62-340.750 - Exemption for Surface Waters or Wetlands Created by Mosquito Control Activities

Current through Reg. 50, No. 138; July 16, 2024
Construction, alteration, operation, maintenance, removal,
				  and abandonment of stormwater management systems, dams, impoundments,
				  reservoirs, appurtenant works, or works, in, on or over lands that have become
				  surface waters or wetlands solely because of mosquito control activities
				  undertaken as part of a governmental mosquito control program, and which lands
				  were neither surface waters nor wetlands before such activities, shall be
				  exempt from the rules adopted by the department and water management districts
				  to implement Sections
				   373.414(1) 
				  through  373.414(6),
				   373.414(8), and
				   373.414(10),
				  and  373.414(7),
				  F.S., regarding any authority granted pursuant to Section
				   373.414, F.S. (1991). Activities
				  exempted under this section shall not be considered in determining whether any
				  wetland permitting threshold is met or exceeded under Part IV of Chapter 373,
				  F.S. This exemption shall not affect the regulation of impacts on other surface
				  waters or wetlands, or the application of state water quality standards to
				  waters as defined in subsection
				   403.031(13),
				  F.S., including standards applicable to Outstanding Florida
				  Waters.
Rulemaking Authority
					 373.414(9) FS.
					 Law Implemented 373.414(9)
					 FS.
New 7-1-94, Formerly
					 17-340.750.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-341 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 62-341.021 - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.414(9),
					  373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.414(9),
					 373.4145,
					  373.416,
					  373.418,
					  373.426 FS.
New 10-3-95, Amended 10-1-07, Transferred to
					  62-330.021.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-341 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 62-341.201 - Policy and Purpose (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					  373.118(1),
					  373.406(5),
					  373.414(9),
					  373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented 373.118(1),
					 373.406(5),
					 373.414(9),
					 373.4145,
					  373.416,
					  373.418,
					  373.426 FS.
New 10-3-95, Amended 2-19-03, 10-1-07, Transferred to
					  62-330.401.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-341 - NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Section 62-341.215 - General Conditions for All Noticed General Permits (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.026(7),
					 373.043,
					 373.118(1),
					 373.406(5),
					 373.414(9),
					 373.4145,
					 373.418,
					 403.805(1) FS.
					 Law Implemented  373.044,
					  373.406(5),
					  373.118(1),
					  373.129,
					  373.136,
					  373.413,
					  373.414(9),
					  373.4145,
					  373.416,
					  373.422,
					  373.423,
					  373.429 FS.
New 10-3-95, Amended 10-1-07, Transferred to
					  62-330.405.