40D-1.607: Permit Processing Fee
PURPOSE AND EFFECT: The proposed amendments to Rule 40D-1.607, F.A.C., address two issues. First, Part IV, Chapter 373, F.S., requires that impacts to other surface waters be considered with impacts to wetlands in evaluating the effect of a proposed activity. Subsection 40D-1.607(1), F.A.C., currently references the consideration of impacts to wetlands, but not other surface waters, in determining an appropriate permit application fee. The proposed amendments will correct this oversight. Second, the amendments will waive the application fee for formal wetland determinations when an application that has been denied or withdrawn is resubmitted within 12 months, and the application is substantially similar to the denied or withdrawn petition. A similar fee waiver is currently authorized for Environmental Resource Permit and Water Use Permit applicants.
SUBJECT AREA TO BE ADDRESSED: The amendment of Rule 40D-1.607, F.A.C., revises the permit application processing fee thresholds for Environmental Resource Permits to more accurately reflect statutory requirements and creates a fee waiver for certain petitions for formal wetland determinations filed pursuant to District rules.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.109, 373.421(2) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4651. The District does not discriminate on the basis of disability. Anyone requiring reasonable accommodation should contact Dianne Lee at (352)796-7211, ext. 4658; TDD only: 1(800)231-6103.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40D-1.607 Permit Processing Fee.
A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The Districts permit application processing fees are as follows:
(1) Environmental Resource or Management and Storage of Surface Waters Permit Applications.
(a) The fee for a permit application for activities reviewed pursuant to Chapters 40D‑4, 40D-40, and 40D-400, F.A.C., are as follows:
1. through 9. No change.
10. Application for General Permit for an activity
which has less than 10 acres of project area
and impacts 5,000 square feet or less of
wetlands or other surface waters............................................. $800.00
11. Application for permit modification
for an activity which has less than 10 acres
of project area and impacts 5,000 square
feet or less of wetlands or other surface waters....................... $400.00
12. through 14. No change.
(b) through (c) No change.
(2) through (5) No change.
(6) Petition for Formal Determination of Wetlands and other Surface Waters for:.
(a) The fees for Petitions for Formal Determination of Wetlands and Other Surface Waters are as follows, for:
1. property less than or equal to 1 acre...................................... $250.00
(b)2. Property greater than 1 acre but less than
or equal to 10 acres..................................................................... $550.00
(c)3. Property greater than 10 acres but less
than or equal to 40 acres............................................................. $750.00
(d)4. Property greater than 40 acres but less
than or equal to 120 acres......................................................... $1500.00
(e)1.5. Property greater than 120 acres.................................... $1500.00
2. (i.) For each additional 100 acres or portion
thereof........................................................................................ $200.00
(f)6. Renewal of formal wetland
determinations............................................................................ $250.00
(b) Ffor the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed above.
(c) Any resubmittal of a petition for formal determination of wetlands and other surface waters that was denied or withdrawn within the preceding twelve months, provided it is substantially similar to the denied or withdrawn petition, is exempt from the fees identified in paragraph (a).
(7) through (11) No change.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. HistoryReadopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00 3-15-01, 9-26-02, 8-7-03, 6-5-05,_________.
