62-312.410. General Criteria

(1) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no environmental resource permit or grandfathered dredge and fill permit under Part IV of Chapter 373, F.S., shall be issued for any activity in Outstanding Florida Waters in Monroe County if such activity:

(a) Alone or in combination with other activities damages the viability of a living stony coral community (Scleraoctinia and Milleporina), soft coral community (Alcynoacea, Gorgonacea and Pennatulacea), macro marine algae community (Chlorophyta, Phaeophyta and Rhodophyta), sponge bed community (Porifera), or marine seagrass (Hydrocharitaceae and Cymodoceae) bed community. This prohibition shall not include algae unattached to the bottom, nor shall it include algae growing landward of the mean high water line or growing as an epiphyte or periphyte on woody plants. For the purposes of this Part a marine seagrass bed or marine macroalgae community means an area dominated by the listed biota having an areal extent of at least 100 square feet. This paragraph does not imply that the Department cannot restrict the impact on smaller areas for such species based on other Department rules;

(b) Has been initiated or completed without benefit of an environmental resource permit or dredge and fill permit required by the Department.

(2) Subject to the provisions of the mitigation section of this part (Rule 62-312.450, F.A.C.), no permit shall be issued for the placement of fill in Outstanding Florida Waters in Monroe County unless expressly authorized by this rule or unless the Department determines that under applicable rules a permit may be issued in the following situations:

(a) Filling for projects which have been proposed by a governmental entity, public authority or public or private utility; or

(b) Filling for any other projects located within the landward extent of wetlands identified solely by vegetative dominance as described in paragraph 62-340.300(2)(b), F.A.C. Such areas do not include open waters or wetlands identified by vegetative dominance as described in paragraph 62-340.300(2)(a), F.A.C., or by the provisions of paragraph 62-340.300(2)(c) or (d), F.A.C.

Specific Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Amended 2-21-89, 3-26-89, Formerly 17-12.410, 17-312.410, Amended 10-3-95.