Definitions, General Prohibitions, Policy and Eligibility Criteria for Coastal Construction Permits

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Beaches and Coastal Systems

Rule No.: RULE TITLE
62B-41.002: Definitions
62B-41.003: General Prohibitions
62B-41.005: Policy and Eligibility Criteria for Coastal Construction Permits

NOTICE OF CHANGE

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. 36 No. 35, September 3, 2010 issue of the Florida Administrative Weekly.

62B-41.002 Definitions.

(1) through (9) No change.

(10) “Comparable alternative access” is public access provided by the applicant that is similar in size and functionality to the public access being replaced. Such access proposed by the applicant shall be within walking distance from the public access that was permanently lost due to the coastal construction project. Comparable alternative access must not expose the user to unsafe conditions, must be clearly identified, and must include authorization from the upland property owner.

(10) through (47) renumbered (11) through (48) No change.

Rulemaking Authority No change Law Implemented No change.

 

62B-41.003 General Prohibitions.

(1) No change.

(2) The Department shall deny any application for a coastal construction project No coastal construction shall be allowed if, after considering any proposed mitigation plan, the proposed project as a whole will result in a significant adverse impact.

(3) No change.

(4) The Department shall deny any application for a coastal construction project that would No coastal construction shall be allowed to result in a take of marine turtles, as defined in subsection 62B-41.002(47)(46), F.A.C., unless, as provided for by the provisions of paragraph 379.2431(1)(h), F.S.

Rulemaking Authority No change Law Implemented No change.

 

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 DEP Form 73-500 (effective 12-06), entitled “Joint Application for a Joint Coastal Permit and Authorization to Use Sovereignty Submerged Lands,” which is hereby incorporated by reference, an application from a property or riparian owner and upon consideration of the facts or circumstances, including:

(a) through (c) No change.

Copies of DEP Form 73-500 may be obtained by writing to Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000 or by downloading from the Bureau’s web page www.dep.state.fl.us/beaches/.

(4) through (10) No change.

(11)(a) through (b) No change.

(c) For the purposes of subsection 62B-41.005(11), F.A.C., previously existing inlets that have been recently closed due to human activity are areas of the coastal system that continue to exhibit geomorphic features of an inlet, such as an ebb or tidal shoal, at the time an application for permit is submitted to the Department.

(12) through (16) No change.

(17) If the proposed coastal construction is reasonably likely to have adverse impacts to the coastal system, then the applicant shall revise the project design to avoid or minimize those impacts to the greatest extent practicable. After all practicable revisions have been made to avoid and minimize impacts; any remaining adverse impacts shall be offset by a mitigation plan that has been proposed by the applicant.

(18) No change.

Rulemaking Authority No change Law Implemented No change.