40B-4.1110. Modification of Permits

(1) An application for modification of permits shall be processed in accordance with this rule, unless the permit is otherwise revoked, suspended, or has expired.

(2) The District has the authority to modify a permit issued pursuant to this chapter at any time if it determines that the work or development in a Work of the District is in violation of any District rule, order or a condition of the permit and has or may become a danger to public health or safety. Before any such modification, the District shall give affected persons notice of the proposed modification with the reasons for such modification and reference to applicable District rule, order, or permit conditions. The notice shall state that affected persons may request an administrative hearing by filing a petition for such hearing with the District. In no event shall the time for filing said petitions be more than 14 days from the date the notice was sent or published, and no such modification shall be made without a hearing if requested.

(3) When the executive director or their designee determines that the danger to the public is imminent or that violations to these rules will result in adverse impacts to adjacent landowners, he shall order a temporary suspension of construction, alteration, repair, or operation of the work or development in a Work of the District; or he shall specify temporary conditions for continued operation, alteration, repair, or development until a hearing is complete or the District otherwise issues a final order; or the executive director or their designee may take appropriate action pursuant to Rule 40B-4.1170, F.A.C.

(4) Requests to modify permits for construction or operation shall meet the criteria of this chapter and may be made by application or by letter. Permit modifications shall be classified as major modifications unless they meet any of the criteria below:

(a) The proposed modification is for the extension of a permit duration with no proposed changes to the previously permitted activity;

(b) The proposed modification in addition to the previously permitted noticed general or authorized exempt activity pursuant to Rule 40B-4.1070, F.A.C., meets noticed general Works of the District permit criteria and the criteria below:

1. All application documents required in Rule 40B-4.3020, F.A.C., have been submitted; and

2. All previously required limiting permit conditions have been met;

(c) The proposed activity is inside of the 50-feet obstruction shadow of a structure previously authorized pursuant to this chapter and meets the requirements of subparagraphs 40B-4.1110(4)(b)1. and 2., F.A.C.;

(d) The proposed modification is to a previously permitted general or individual Works of the District permit and the proposed modification meets the noticed general or exemption criteria as set forth in subparagraphs 40B-4.1110(4)(b)1. and 2., F.A.C.; or

(e) The proposed modification has already been included in a zero-rise report previously authorized by the District and meets the criteria set forth in subparagraphs 40B-4.1110(4)(b)1. and 2., F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.57, 120.60, 373.084, 373.085, 373.429, 373.439 FS. History–New 9-25-85, Amended 12-22-92, 10-14-13, 1-24-21, 9-6-21.