62-330.201. Determinations of the Landward Extent of Wetlands and Other Surface Waters

(1) For any application that requires a determination or assessment of the landward extent of wetlands and other surface waters pursuant to section 7.1 of Volume I, Agency staff shall use Form 62-330.201(1), “Chapter 62-340, F.A.C., Date Form”, (December 22, 2020), incorporated by reference by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12037), as described in Volume I section 7.1.1, to document verification of determinations of the landward extent of wetlands and other surface waters for formal determinations and for applications for individual and conceptual approval permits. The “Chapter 62-340, F.A.C., Data Form Guide” in Appendix J of Volume I, and the “Chapter 62-340, F.A.C., Data Form Instructions” in Appendix K of Volume I, is available to assist staff in completion of the form, and to assist other environmental professionals in performing delineations.

(a) For the delineation of the landward extent of wetlands and other surface waters, at least one data point along the delineation boundary shall be verified and documented by the Agency during the visual site inspection pursuant to subsection 62-340.100(1), F.A.C. A delineation data point will be documented for each homogenous boundary within the site sinspection area. One delineation data point representative of homeogeneous boundaries found in other locations throughout the site is sufficient for documentation. Documentation of a delineation data point shall include two data forms: one representative of the waterward area adjacent to the data point, the other representative of the landward or upland area adjacent to the data point.  The two complete data forms at the delineation data point will document failure or satisfaction of all methodology criteria pursuant to Chapter 62-340, F.A.C., and charges in evidence used to determine the boundary delineation at that point.

(b) For identification or conclusions regarding the absence or presence of a non-wetland surface water, wetland, or upland classification by the Agency within the site inspection area, at least one data point within homogenous areas of classification shall be verified and documented by the Agency during the visual site inspection pursuant to subsection 62-340.100(1), F.A.C. One data point representative of homogeneous areas found in other locations throught the site is sufficient for documentation. Documentation of an identification data point shall include one data form representative of the area of classification. The data form at an identification data point will document failure or satisfaction of all methodology criteria pursuant to Chapter 62-340, F.A.C., and evidence used to determine the upland, wetland, or non-wetland surface water classification.

(2) Formal determinations.

(a) A real property owner, an entity having a contract to purchase real property, an entity having the power of eminent domain, or any other person who has legal or equitable interest in real property, may petition the Agency for a formal determination of the landward extent of wetlands and other surface waters for that property pursuant to Section 373.421(2), F.S. A formal determination means the Agency will make a binding determination of the landward extent (boundaries) of wetlands and other surface waters as defined by Chapter 62-340, F.A.C. A formal determination is binding on the real property for which that determination is sought for as long as the determination is valid, in accordance with Sections 373.421(2) and (3), F.S. If the petitioner is not the owner of the land, the petitioner must provide the Agency with information sufficient to contact the current owner, and the Agency shall provide notice of receipt of the petition to the landowner.

(b) Procedures for the submittal, review, noticing, and action on a petition for a formal determination are contained in sections 7.2 through 7.2.7 of Volume I. The petition shall be submitted using Form 62-330.201(2), “Petition for a Formal Determination of the Landward Extent of Wetlands and Other Surface Waters,” (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12038). It shall be submitted with the fee prescribed in rule 62-330.071, F.A.C.

Editor notes: The effective date of the rule will be effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.421(2), 403.0877 FS. Law Implemented 120.54(5)(a), 373.026, 373.4131, 373.421(2), 373.441 FS. History–New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03, Formerly 62-343.040, Amended 10-1-13, 6-1-18, 12-22-20.