62-331.245. General Permit for Land-Based Renewable Energy Generation Facilities

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features.

(a) Such facilities include infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy.

(b) Attendant features may include, but are not limited to roads, parking lots, and stormwater management facilities within the land-based renewable energy generation facility.

(2) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

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

(c) 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.

(3) The activities are subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(d) Projects must comply with the USFWS Land-Based Wind Energy Guidelines, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12049), and also available at (https://www.fws.gov/ecological-services/es-library/pdfs/WEG_final.pdf).

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity if the activity results in the loss of greater than 1/10- acre of state-assumed waters.

(5) Utility lines constructed to transfer the energy from the land-based renewable energy generation facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a separate single and complete linear project. Those utility lines may be authorized by the general permit in Rule 62-331.215, F.A.C.

(6) For any activity that involves the construction of a wind energy generating structure, solar tower, or overhead transmission line, a copy of the notice and general permit verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

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.