General Prohibitions, Policy and Eligibility Criteria for Coastal Construction Permits, Experimental Coastal Construction, Permit Application Requirements and Procedures  



    Beaches and Coastal Systems


    62B-41.003General Prohibitions

    62B-41.005Policy and Eligibility Criteria for Coastal Construction Permits

    62B-41.0075Experimental Coastal Construction

    62B-41.008Permit Application Requirements and Procedures


    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 172, September 2, 2016 issue of the Florida Administrative Register.

    62B-41.003 General Prohibitions.

    (1) through (3) No change.

    (4) The Department shall deny any application for a coastal construction project that would result in a take of marine turtles, as defined in subsection 62B-41.002(47), F.A.C., unless an incidental take is authorized, as provided for by the provisions of Section 379.2431(1)(h), F.S. (incidental take). However, if the Department issues a permit pursuant to Section 161.041(5), F.S., in advance of the issuance of an incidental take authorization, construction of permitted activities shall not begin until an incidental take authorization, as provided for in the Endangered Species Act, is effective.

    62B-41.005 Policy and Eligibility Criteria for Coastal Construction Permits.

    (1) through (2) No change.

    (3) The Department will determine whether to authorize coastal construction at any coastal location upon receipt of an application, pursuant to subsection 62B-49.005(1), F.A.C., from a property or riparian owner and upon consideration of the facts or circumstances, including:

    (a) through (c) No change.

    (4) through (18) No change.

    62B-41.0075 Experimental Coastal Construction.

    (1) through (5) No change

    (6) Experimental projects will be issued for no more than a period of may be permitted with phases lasting up to three (3) years, including preparation of the final report. After (3) years the project shall be evaluated by the Department to determine the feasibility of continued implementation of the project. Upon receipt of the final report the Department will review the report and make a written determination as to:

    (a) through (c) No change.

    (7) through (10) No change.

    62B-41.008 Information Regarding Permit Application Requirements and Procedures.

    (1) A Joint Coastal Permit, pursuant to subsection 62B-49.005(1), F.A.C., is required in order to conduct any coastal construction activities in Florida. All information in conjunction with an application shall only be submitted by the applicant or the duly authorized agent. The information listed below provides specific details for application requirements related to this Chapter:

    (a) No change.

    (b) No change.

    1. No change.

    2. A sediment budget for the inlet; and an inlet sand bypassing objective that balances the sediment budget between the inlet and the adjacent eroding beaches within the area of inlet influence;

    3. through 10. No change.

    (c) No change.

    (2) through (3) No change.