40B-4.1040. Permits Required

(1) Permits are required as follows:

(a) Works of the District permit prior to initiating any project which involves draining, developing, construction of roads or bridges, commercial or industrial developments, and agricultural or forestry activities, including dredging of filling, or the construction, alteration, maintenance operation, or abandonment of any dams, impoundment reservior, appurtenant works, works or surfacewater system.

(b) When the need to obtain a Works of the District permit is in conjunction with the requirements for obtaining an environmental resource permit or a state-owned submerged lands authorization, application shall be made and shall be considered by the District as part of the request for an environmental resource permit application. In such cases the environmental resource permit shall include the requirements of this chapter and the state-owned submerged lands authorization. In instances when requirements of this chapter or the state-owned submerged lands authorization conflict with requirements to obtain an environmental resource permit, the more stringent requirement shall be followed. Otherwise, a separate Works of the District permit must be obtained.

(c) When the need to obtain a Works of the District permit does not require an environmental resourse permit, the state-owned submerged lands authorization and the environmental resource permit exemption shall be obtained concurrently with the Works of the District permit. Where requirements of this chapter and the appropriate state-owned submerged lands authorization conflict, the more stringent requirement shall be followed.

(2) Works of the District permits may be issued in one of five forms as follows:

(a) Noticed general permits are issued by rule upon notice from the applicant that an activity authorized by specific rules in this chapter is going to be constructed, operated and maintained in accordance with said rules.

(b) General permits are issued for relatively minor projects following limited investigation and project review. Unless a general permit is authorized pursuant to this chapter, an individual or conceptual approval permit is required.

(c) Individual permits are issued for projects which may have significant impacts on water and related land.

(d) Conceptual permits are issued for projects which are expected to occur in phases or over long periods of time. However, conceptual permits cannot authorize actual construction.

(e) Abandonment permits are issued for projects which propose to remove works or development in a Work of the District.

(3) Specific procedures, noticing or application requirements, and conditions for issuance of Works of the District permits are detailed in Rule 40B-1.703, F.A.C., and Part III of this chapter including any materials adopted by reference thereto.

(4) A Works of the District permit applicant shall obtain one permit for all activities regulated under this part that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are under common ownership or control.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04, 10-14-13, 1-5-21, 2-15-23.