Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.056 - Other Conceptual Approval Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A conceptual approval permit is available
				for an applicant who desires approval of design concepts for a master or future
				plan to construct, alter, operate, maintain, remove, or abandon projects that
				require an individual permit under this chapter. This includes activities that
				are to be developed in phases, such as phased development master plans and
				projects for which an Application for Development Approval has been made
				pursuant to part I of chapter 380, F.S., and whenever an applicant has not yet
				developed detailed design or construction plans for a future
				activity.
(2) A conceptual approval
				permit does not authorize any construction, alteration, operation, maintenance,
				removal, or abandonment, or the establishment and operation of a mitigation
				bank. Issuance of a conceptual approval permit does not relieve the holder of
				such a permit of any requirements to obtain a permit to construct, alter,
				operate, maintain, remove, or abandon projects that require a permit under this
				chapter, or to establish and operate a mitigation bank.
(3) An application for a conceptual approval
				permit shall be prepared and submitted using the procedures in Rule
				 62-330.060, F.A.C., and sections
				4.2.3, 4.2.3.1, 4.3, and 4.4 of Volume I. An application for conceptual
				approval for a mitigation bank also shall include the materials required by
				Chapter 62-342, F.A.C.
(4) The
				application shall be reviewed and acted on in accordance with this section,
				Rules  62-330.062,
				 62-330.071,
				 62-330.075,
				 62-330.090,
				 62-330.301, and
				 62-330.302, F.A.C., and the
				Applicant's Handbook. Agency review and action also shall be in accordance with
				Chapter 62-342, F.A.C., when the conceptual approval application involves a
				mitigation bank.
(5) An application
				for a conceptual approval permit may include a request for a permit to
				construct and operate the first phase of the activities. In such a case, a
				separate application and processing fee to construct and operate the first
				phase shall not be required. In all other cases, an individual permit to
				construct, alter, operate, maintain, remove, or abandon projects authorized by
				the conceptual approval permit must be obtained prior to initiating such
				activities.
(6) Any delineation of
				wetlands or other surface waters submitted as part of the conceptual approval
				permit application, including supporting documentation, shall not be considered
				binding unless a specific condition of the permit or a formal determination
				under Rule  62-330.201, F.A.C., provides
				otherwise.
(7) Issuance of a
				conceptual approval permit is a determination that the conceptual plans are,
				within the extent of detail provided in the conceptual approval permit
				application, consistent with applicable rules at the time of issuance. A
				conceptual approval permit provides the conceptual approval permit holder with
				a rebuttable presumption, during the duration of the conceptual approval
				permit, that the engineering design and scientific principles upon which the
				conceptual approval permit are based (within the extent of detail provided in
				the conceptual approval permit) are likely to meet applicable rule criteria for
				issuance of permits for subsequent phases of the project, provided all of the
				following are met at the time of receipt of a complete application to construct
				or operate the future phases:
(a) The
				application to construct and operate the future phases remains consistent with
				the designs and conditions of the issued conceptual approval permit. Primary
				areas for consistency comparisons include the size, location and extent of the
				activities proposed, the type and nature of the activities, percent
				imperviousness, allowable discharge and points of discharge, location and
				extent of wetland and other surface water impacts, mitigation plans implemented
				or proposed, control elevations, extent of stormwater reuse, detention and
				retention volumes, and the extent of flood elevations.
If an application for construction of any portion of the land
				  area contained within the conceptual approval permit is based upon designs that
				  are inconsistent with the conceptual approval permit, the application will be
				  reviewed to determine the extent to which the inconsistency will affect the
				  designs and conditions for the remainder of the lands contained in the
				  conceptual approval permit. If the inconsistency will materially affect those
				  designs and conditions, then the applicant must demonstrate that the holder of
				  the conceptual approval permit agrees to that inconsistency. In such a case,
				  the holder of the conceptual approval permit may:
1. Modify the conceptual approval permit to
				conform to the revised design;
2.
				Abandon reliance on the conceptual approval permit; or
3. Rely on those portions of the conceptual
				approval permit for only those areas that were not affected by the
				inconsistency.