62-331.243. General Permit for Activities in Ditches

(1) This general permit authorizes activities in ditches that:

(a) Are constructed in uplands,

(b) Receive water from an area determined to be a water of the United States prior to the construction of the ditch,

(c) Divert water to an area determined to be a water of the United States prior to the construction of the ditch, and

(d) Are determined to be state-assumed waters.

(2) This general permit does not authorize:

(a) Dredging or filling in ditches constructed in streams or other state-assumed waters, or in streams that have been relocated in uplands.

(b) Activities that increase the capacity of the ditch and drain those areas determined to be state-assumed waters prior to construction of the ditch.

(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).

(3) The authorized activities are subject to the condition that the activity must not cause the loss of greater than one acre of state-assumed waters.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

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.