62D-15.007. Exemptions

(1) Activities that have not been prohibited, or subject to permit review may be conducted within the river area without a Myakka River permit unless the activities will have adverse impacts on resource values in the river area. If there is evidence produced or observed by department staff based on standards and factors specified in Rule 62D-15.008, F.A.C., that an activity, subject to this paragraph adversely impacts resource values, the department will notify the appropriate persons conducting the activity, that they must submit a permit application within 14 days to the department. For exempted activities submitted for permit review that were conducted prior to the effective date of this rule, the department shall approve these activities with or without conditions based on standards and factors specified in Rule 62D-15.008, F.A.C. Activities subject to this paragraph conducted after the effective date of this rule, must be submitted for permit review as specified in Rules 62D-15.008 and 62D-15.009 F.A.C. The department will approve with or without conditions, or deny the activity pursuant to Rules 62D-15.008 and 62D-15.009, F.A.C., and procedures set forth in Section 120.60, F.S., governing licensure. Applications to conduct exempted activities or to replace damaged structures, under this section, in existence prior to the effective date of this rule will not be subject to permit application fees under Rule 62D-15.011, F.A.C.

(2) In the event that an exempted structure in existence prior to the effective date of this rule is damaged or destroyed by 50 percent or more of materials or construction, and is no longer suitable to safely serve its intended purpose, the person owning or operating such structure, in order to re-establish the structure, must submit a permit application for review and approval as specified under Rules 62D-15.008, and 62D-15.009, F.A.C. The department shall review, and approve the application with or without conditions, as specified in Rules 62D-15.008, and 62D-15.009, F.A.C., for reestablishment of the damaged structure.

(3) The following activities may be conducted by persons without having submitted a permit application unless the activity will adversely impact resource values as evidenced or observed by department staff under this section, subsection (1):

(a) Commercial fishing;

(b) Maintenance or repair, but not including expanding, remodeling or renovation, of existing structures;

(c) Continuation of yard maintenance activities such as mowing, trimming or pruning of vegetation only to prevent or minimize potential damage to existing structures or for the continuation of activities which had been conducted prior to the effective date of this rule;

(d) Structures, land uses and water-dependent activities on public and private lands in existence at the effective date of this rule within the river area, including but not limited to docks and associated mooring pilings, boat ramps, shore protection structures, fences, other structures;

(e) Continuation of existing agricultural and forestry practices or activities similar in nature to those existing on the site, within the river area, at the effective date of this rule;

(f) Continuation of existing drainage and water management practices, including but not limited to, repair or maintenance of impoundments, dams, diversions, pumping operations, swales, ditches, pipes, or canals;

(g) Resource management practices of government agencies including but not limited to, prescribed burning or exotic and nuisance species control, for the protection, conservation, rehabilitation, or restoration of resource values;

(h) Installation of devices for measuring water quality, water quantity, hydrologic conditions, or other ecological conditions by governmental agencies, private not-for-profit research organizations, and persons who are required to install such devices as a requirement of obtaining a permit from a governmental agency;

(i) Continuation of existing facilities and easements for utilities and roads, including repair and maintenance, but not including increasing the size of easements or structures of such facilities which shall be subject to Rules 62D-15.006 and 62D-15.008, F.A.C.;

(j) Renovating or replacing facilities or structures by a public utility so long as the footprint of the facility or structure is not materially enlarged or the facility or structure is not relocated; and,

(k) Mowing, trimming, pruning, removing or cutting native vegetation to the extent required to maintain or construct public utility facilities or structures.

Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.007.