62-331.010. Intent, Purpose, and Implementation

(1) This chapter, together with the rules and all documents it incorporates by reference, implements the State 404 Program under Section 373.4146, F.S.

(2) The State 404 Program governs all dredging and filling in waters of the United States regulated by the State under Section 373.4146, F.S. (“assumed waters” or “state-assumed waters”), and will be implemented in conjunction with the environmental resource permitting (ERP) program established in Part IV of Chapter 373, F.S.

(3) The State wetland delineation methodology in Chapter 62-340, F.A.C., shall be used to determine the boundary of state-assumed waters. Agency staff shall document the boundary of state-assumed waters using Form 62-330.201(1), “Chapter 62-340, F.A.C., Data Form” (December 22, 2020), incorporated by reference in subsection 62-330.201(1), F.A.C., and as described in Section 7.1 of Applicant’s Handbook Volume I (hereinafter “Volume I”) (effective date), incorporated by reference in paragraph 62-330.010(4)(a), F.A.C. (https://www.flrules.org/Gateway/reference.asp?No=Ref-12078).

(4) The term “Agency” applies to the Department or a Water Management District, as applicable, throughout this chapter.

(5) This chapter is used in conjunction with Chapter 62-330, F.A.C., Volume I and the State 404 Program Applicant’s Handbook (hereinafter “404 Handbook”), incorporated by reference herein (December 22, 2020) (https://www.flrules.org/Gateway/reference.asp?No=Ref-12064).

(6) A State 404 Program permit (“permit”) is not an authorization under Chapter 62-330, F.A.C., and shall be reviewed as a separate authorization.

(7) Where there are conflicts between this chapter and other state rules and statutes, this chapter will control with regard to the State 404 Program (See section 8.4 of the 404 Handbook).

(8) A copy of rules, forms, and other documents incorporated by reference herein and in Chapter 62-330, F.A.C., may also be obtained from the Agency Internet site or by contacting staff in an Agency office identified in Appendix A of Volume I.

(9) This chapter explains how to submit notices and applications for activities regulated under the State 404 Program and provides the standards for Agency review and action.

(10) Where both an ERP and a State 404 Program authorization are required for a dredge or fill activity, an applicant must receive both authorizations prior to conducting the dredge or fill activity. An applicant may choose to have both authorizations issued concurrently to avoid the need for subsequent modification of the project that may occur if one authorization is issued before the other.

(a) Where an applicant chooses to have the State 404 Program and ERP authorizations issued concurrently, and project modifications are required for one authorization after the other application has been deemed complete by the Agency, the complete application shall return to an “incomplete” status until all additional required information for such modification is received. No additional fee shall be charged for review of such modifications.

(b) Where an applicant chooses to have the ERP and State 404 Program authorizations issued separately, and modifications to the issued ERP authorization are required as a result of the State 404 Program review process, the fee to modify the ERP permit under Rule 62-330.071, F.A.C., shall apply.

(11) Agency actions under this chapter are state actions subject to the provisions of Sections 120.569 and 120.57, F.S., except as otherwise provided in Section 373.4146(5), F.S. (See sections 5.1 and 5.3.3 of the 404 Handbook).

(12) An authorization or exemption under this chapter does not relieve the applicant from the need to obtain any other state, federal, or local authorizations that may be required for the project. (See 404 Handbook section 1.3 for guidance).

(13) Notwithstanding any of the provisions of this Rule, to the extent EPA recognizes or authorizes partial assumption for state 404 programs, nothing in this chapter would restrict or prohibit the State of Florida from amending the State 404 program, in accordance with federal law, to accommodate partial assumption.

(14) The Department strives to operate a wetlands regulatory program that far exceeds the minimum standards set by federal law and is comprised of professional and knowledgeable staff that make science-based decisions regarding the water resources of the state. To continuously exhibit these qualities, the Department will institute continuous improvement and evaluation measures, including but not limited to:

(a) Partnering with a third-party entity to identify the qualities of a state wetlands regulatory program that exhibits a paragon of excellence, and

(b) Conducting an annual staffing analysis of the State 404 Program.

Editor notes: The effective date of the rule will be the 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, 373.118, 373.4131, 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.109, 373.4141, 373.4146, 373.421, 373.4211 FS. History–New 12-22-20.