that on January 15, 2016, it has issued an Order granting Steven Tarr’s Amended Petition for a Variance. The amended Petition was received on November 21, 2015. Notice of receipt was published in the Florida Administrative Register on December 31, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NO.:RULE TITLE:

62B-33.024Thirty-Year Erosion Projection Procedures

The Department of Environmental Protection hereby gives notice:

That on January 15, 2016, it has issued an Order granting Steven Tarr’s Amended Petition for a Variance. The amended Petition was received on November 21, 2015. Notice of receipt was published in the Florida Administrative Register on December 31, 2015; Vol. 41/251. The Petitioner requested a permanent variance or waiver from subparagraph 62B-33.024(2)(d)3, F.A.C., which requires that a 30 year erosion projection shall be determined using the pre-project Mean High Water Line (MHWL) instead of the Erosion Control Line (ECL) along the subject shoreline because the ECL was not based on a pre-project survey. No public comments were received in response to the notice. The Order, OGC file number 15-0659, granted the Petitioner a permanent variance to subparagraph 62B-33.024(2)(d)3, F.A.C., based on a demonstration by the Petitioner that strict application of the rule would result in an actual substantial hardship based upon the specific circumstances at the Petitioner’s property, and because Petitioner demonstrated that the purpose of the underlying statute will be achieved by other means.

A copy of the Order or additional information may be obtained by contacting: Tony McNeal, Department of Environmental Protection, MS 3522, 2600 Blair Stone Road, Tallahassee, Florida 32399, [phone], [e-mail] during normal business hours, 8:00am-5:00pm., Monday through Friday, except legal holidays.