62-331.238. General Permit for Reshaping Existing Drainage Ditches

(1) This general permit authorizes dredging or filling in state-assumed waters, excluding non-tidal wetlands adjacent to tidal retained waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in state-assumed waters, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation.

(2) The reshaping of the ditch cannot:

(a) Increase drainage capacity beyond the original as-built capacity;

(b) Expand the area drained by the ditch as originally constructed;

(c) Change the rate or volume of water discharged from the site from original design capacity conditions.

(d) Cause erosion or sedimentation, or violate state water quality standards.

(3) Compensatory mitigation is not required because the work is designed to improve water quality.

(4) This general permit does not authorize:

(a) Relocation of drainage ditches constructed in state-assumed waters; the location of the centerline of the reshaped drainage ditch must be approximately the same as the location of the centerline of the original drainage ditch.

(b) Stream channelization or stream relocation projects.

(c) Activities within Golden Gate Estates, south of Alligator Alley in Collier County.

(d) Activities within the Belle Meade South bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(e) Projects that capture and store water, such as Dispersed Water Management Projects (DWMP).

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(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.