40B-4.1070. Exemptions

(1) The following activities are exempt from the requirements for obtaining Works of the District permits specified in paragraph 40B-4.1040(1)(a), F.A.C.:

(a) A work or development within a Works of the District that was completed or partially completed prior to January 29, 2001, including routine custodial maintenance, so long as it is not altered or substantially improved.

(b) Alterations to the topography of land which shall include, but not be limited to, plowing, bedding, or minor grading, harvesting or regeneration associated with the normal practices of agriculture, silviculture, or horticulture, whether private or commercial provided no fill from outside the immediate area of such alterations is used.

(c) Construction or maintenance of certain docks, seawalls, bulkheads, mooring pilings, or dolphins which are regulated by the Florida Department of Environmental Protection pursuant to the authority in Section 403.813, F.S.

(d) Work for an onsite sewage disposal system that is regulated by the Florida Department of Health or the Florida Department of Environmental Protection.

(e) Commercial projects which have received an authorization under Section 403.814(12), F.S.

(f) Structures placed below the natural grade of the ground outside of the 75 foot setback.

(g) Non-residential structures outside of the 75-foot setback placed above the natural grade of the ground that are less than or equal to 50 square feet of cross sectional area of the floodway when calculated cumulatively on a project with other obstructions.

(h) Driveways, sidewalks, and paths which at the driving or walking surface, are less than or equal to 6 inches above the adjacent natural grade of the ground and located outside of the 75 foot setback. Note: the cross-sectional area of obstruction of the floodway created in the use of this exemption, when calculated cumulatively on a project with other obstructions, is applied to the implementation of Rules 40B-4.3010 and 40B-4.3030, F.A.C.

(i) Boardwalks or stairs, waterward of the top of bank, which are no more than 5 feet in width. If landings are required, each shall be no more than 144 square feet.

(j) The removal of non-native, invasive, dead or diseased vegetation.

(k) Temporary structures outside of  the 75-foot setback, which are on the site for fewer than 180 consecutive days.

(l) Installation and placement of hydrologic monitoring equipment and associated decks no greater than 200 square feet of walking surface within the regulatory floodway by federal, state, or local governmental entities.

(2) Upon written request, the district will provide written confirmation that projects such as described in subsection 40B-4.1070(1), F.A.C., are exempt. Persons making such requests shall state the provision under which a project is considered exempt and supply any supporting information to substantiate the request.

(3) An exemption from these rules shall not relieve any person or entity from compliance with the requirements of Chapter 62-330, F.A.C., incorporated by reference in Rule 40B-4.1090, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 8-11-10, 10-14-13, 2-15-23.