62B-34.070. Single Family Dwellings

(1) Applicability. The following activities qualify for a General Permit, subject to the criteria and conditions set forth in chapter 62B-34, F.A.C.:

(a) New construction of a single-family dwelling.

(b) Rebuilding, as defined by rule 62B-33.002, F.A.C., of a single family dwelling.

(c) Additions to an existing single family dwelling in the landward or shore-parallel direction, provided the additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in subsection 62B-34.080(3), F.A.C.

(d) Additions to an existing single family dwelling in the seaward direction, provided:

1. The seaward most part of the addition shall be sited at or landward of the seaward limit of construction established by subsection 62B-34.070(2), F.A.C.; and,

2. The additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in this rule subsections 62B-34.070(3) and 62B-34.080(3), F.A.C.

(2) Seaward Limit of Construction. Activities in paragraphs 62B-34.070(1)(a) through (d), F.A.C., shall be sited landward of the 30-year erosion projection as determined in accordance with the methodology established in the rule 62B-33.024, F.A.C., and landward of any of the following:

(a) The General Permit Line shall establish the seaward limit of construction if the line is defined in Part III of this Chapter, or

(b) The proposed construction activities shall be sited landward of a major road or the second line of construction, or

(c) The proposed construction activities shall be sited landward of the seaward limits of construction allowed under paragraphs 62B-34.080(2)(a) through (d), F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.070(1)(a) through (d), F.A.C., shall be subject to the following prohibitions and limitations:

(a) Excavation shall be limited to the installation of or repairs to subgrade residential service utilities (e.g., water and sewer lines, septic tanks and drainfields, gas and electrical lines, cable television and telephone cables). Minor and temporary excavation shall be allowed that does not result in the lowering of existing general ground elevations. This does not preclude temporary excavation for the installation of foundations.

(b) The total volume of fill material shall not exceed 700 cubic yards.

(c) All structures authorized under this General Permit that are sited in accordance with paragraph 62B-34.070(2)(c), F.A.C., shall comply with the size limitations set forth in subsection 62B-34.080(3), F.A.C.

(4) Turtle Protection Requirements. All work authorized by this General Permit shall meet the following turtle protection requirements:

(a) All non-opaque walls, balcony railings, deck railings, windows and doors on the seaward and shore-perpendicular sides of any new dwellings or additions shall be tinted to a transmittance value (light transmission from inside to outside) of 45 percent or less through the use of tinted glass or window film or screens.

(b) The following types of lighting are authorized under this General Permit. Any departure or deviation from these lighting requirements shall constitute a violation of this General Permit. All exterior lights shall be recessed or otherwise designed and located so as not to be directly or indirectly visible from the beach. All exterior lights shall be lamped with a long wavelength light source greater than 560 nanometers and absent short wavelengths below 560 nanometers such as red or amber LED with a maximum output of 480 lumens each.

1. Lights at ingress/egress shall be wall mounted cylinder down-light fixtures or louvered wall lights that adhere to the following standards:

a. Cylinder down-light fixtures shall be equipped with interior black baffles, shall be mounted at a maximum height of eight feet above the floor and shall be limited to the ground and first habitable floor levels.

b. Louvered wall lights shall be mounted 12 inches or less above the adjacent floor or deck, shall be equipped with downward directed louvers that completely hide the light source, and shall be limited to no more than one fixture per egress.

2. Underhouse lights for unenclosed or partially enclosed parking and building access areas shall be limited to no more than one fixture per 100 square feet of parking or building access area and consist of either:

a. Cylinder downlight fixtures equipped with interior black baffles, and mounted either with a wall mount on piles or walls or a surface mount to the ceiling, or

b. Recessed ceiling fixtures with black baffles and hex cell louvers.

3. Landscape and pathway lights shall be low profile, full cut-off type fixtures, shall extend no more than 12 inches above the ground, shall extend no farther seaward than the house, and shall be limited to one fixture per 8 feet of path length or 1 fixture per 100 square feet of ground area.

(c) No lights shall be permitted on dune walkovers or elevated walkovers to the beach.

(d) All pool lighting shall utilize amber or red LED lamps.

(e) No additional lighting shall be authorized.

(f) No temporary lighting of the construction area is authorized at any time during the marine turtle-nesting season.

(5) Native Vegetation Protection Requirements. All work authorized by this General Permit shall meet the following native vegetation protection requirements:

(a) The applicant shall install landscape plants in a way that minimizes impacts to existing native salt-tolerant vegetation.

(b) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or with other native salt-tolerant vegetation suitable for beach and dune stabilization.

(c) All plants installed in beach and coastal areas used to replace vegetation displaced, damaged, or destroyed during construction or otherwise shall be of species native to Florida beaches and dunes in that part of the state, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine.

(d) Except where situated landward of a major road or within the limits of the second line of construction, landscaping activities shall be limited to 10 feet seaward of the authorized structure. No landscaping activity or other removal of native vegetation shall occur seaward of this point under this rule.

(e) Planting of invasive nuisance plants, such as listed in the Florida Exotic Pest Plant Council’s 2007 List of Invasive Plant Species (published Fall 2007), shall not occur if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. The 2007 List of Invasive Plant Species (published Fall 2007) is incorporated by reference. Copies of this document may be obtained by writing to the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400; or at the following website: www.dep.state.fl.us/beaches.

(6) The General Permit for single-family dwellings shall be valid for two years from date of issuance. No time extension is available for this permit.

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10, 10-4-18.