62B-49.011. Time Limits on Permits and Authorizations

(1) Joint coastal permits shall be issued with the following durations:

(a) Unless a shorter duration is requested by an applicant, a joint coastal permit issued for activities authorized by Section 161.041(9), F.S., and Part IV of Chapter 373, F.S., will allow for two maintenance or dredging disposal events or a permit life of 15 years, whichever is greater, subject to the requirements of this chapter. The Department shall grant an extension of the permit expiration date to the extent necessary for completion of the second maintenance or dredging disposal event upon request by the applicant. The extension would be documented through an administrative modification.

(b) Three (3) years for experimental coastal construction, pursuant to Chapter 62B-41, F.A.C.; and,

(c) Five (5) years for the construction phase and perpetual operation and maintenance phase, pursuant to Section 373.416, F.S., for sand transfer plants, ocean fishing piers, and mitigation for erosion from erosion control structures that require long-term operation and maintenance.

(2) Permits and authorizations shall be effective until expiration, unless suspended, revoked, or surrendered according to Section 120.60, F.S., and Rule 62B-49.012, F.A.C.

(3) Sovereignty submerged lands authorizations shall expire upon expiration of the permit unless otherwise noted in the authorization.

(4) Once a permit or an authorization has expired, all construction activity authorized must cease unless a new permit and authorization are approved.

(5) The permittee or authorized agent may apply for a minor permit modification to extend the expiration date of a permit issued for less than 15 years by filing a written application with the Department before the permit expires and paying any fees required in Rule 62B-49.006, F.A.C. An application will not be considered filed until the application is received by the Department. A new joint coastal permit is required to continue maintenance of a project beyond the expiration of the permit.

(6) In order to be eligible for a time extension the permittee must provide:

(a) Documentation that the authorized construction could not be completed within the allotted period;

(b) Reasonable assurance that the activity can be completed within the time extension requested (based on a schedule for completion included with the request);

(c) Reasonable assurance that no significant change in shoreline conditions, including biological habitat, has occurred since the original permit was issued; and,

(d) The extended permit duration shall not exceed 15 years unless the on-going construction could not be completed within the allotted period.

(7) Prior to issuing a modification for a time extension, the Department shall determine that the proposed activity is consistent with the statutes and rules in effect at the time the Department takes final agency action on the requested modification. The Department shall deny an application for a time extension modification if shoreline, habitat or other conditions have changed so that the project is no longer permittable under this chapter.

(8) If the application for a permit modification to extend the permit expiration date is received prior to permit expiration, then the permit is still valid until the Department acts upon the extension request.

(9) When the Department takes final agency action on the application for a permit modification to extend the permit expiration date, the Department shall notify, by mail, the applicant, affected local governments and all persons who requested in writing notification pursuant to Section 373.413(3), F.S., and subsection 62B-49.005(8), F.A.C.

(10) The expiration date of a permit shall not be extended if application is made after expiration of the permit. No changes in the nature of the work will be considered in requests for time extensions.

(11) If a permit has expired and the permitted project is incomplete the permittee may apply for a new permit. A reapplication shall be treated as a new application.

(12) The permittee shall comply with all conditions of the permit, such as financial assurance or monitoring as specified in the permit, including those that extend past the expiration date of the permit.

Rulemaking Authority 161.041(8), 161.055(2), 373.427(1) FS. Law Implemented 161.041(9), 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.