62-312.450. Mitigation  


Effective on Tuesday, October 3, 1995
  • 1Notwithstanding any of the prohibitions contained in this rule, the Department shall consider mitigation pursuant to Section 18373.414(1)(b), F.S., 20and applicable Department rules to determine whether the project may otherwise be permittable. In any application for mitigation, the applicant shall demonstrate before issuance of any permit for the construction of the intended project that the proposed mitigation will be effective. Mitigation shall not be permitted where it appears after due considerations that construction of the intended project will cause irreplaceable damage to the site.

    85Specific Authority 87373.414(11)-88(16), 89373.4145, 90403.805(1) FS. 92Law Implemented 94373.409, 95373.413, 96373.414(9), 97(11), (12)(a), (13), (14), (15), (16), 103373.4145, 104373.416, 105373.418, 106403.061 FS. 108History–New 6-8-88, Formerly 17-12.450, 17-312.450, Amended 10-3-95.

     

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