62B-41.003. General Prohibitions

(1) No coastal construction shall be conducted without a permit issued by the Department under this chapter, unless it is determined that the coastal construction does not fall within the requirements of Section 161.041, F.S., or unless the interior tidal water body is exempted by the Department pursuant to Section 161.041(1), F.S.

(2) The Department shall deny any application for a coastal construction project if, after considering any proposed mitigation plan, the proposed project as a whole will result in a significant adverse impact.

(3) No coastal construction shall interfere, except during construction, with the use by the public of any area of a beach seaward of the mean high-water line (or an established erosion control line) unless the Department determines such interference is unavoidable for purposes of protecting the beach or any endangered upland structure determined to be eligible pursuant to the criteria listed in subsection 62B-41.005(6), F.A.C. If interference with public access is unavoidable, the applicant shall provide comparable alternative access.

(4) The Department shall deny any application for a coastal construction project that would result in a take of marine turtles, as defined in subsection 62B-41.002(47), F.A.C., unless and incidental take is authorized, as provided for by the provisions of Section 379.2431(1)(h), F.S. However, if the Department issues a permit pursuant to Section 161.041(5), F.S., in advance of the issuance of an incidental take authorization, construction of permitted activities shall not begin until an incidental take authorization, as provided for in the Endangered Species Act, is effective.

Rulemaking Authority 161.041(1), 161.055(1), (2) FS. Law Implemented 161.021(1), 161.041(1), (2), 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.003, Amended 10-23-01, 11-17-11, 1-11-17.