To clarify and/or update rule requirements and add or amend definitions.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Beaches and Shores

RULE NO: RULE TITLE
62B-33: BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK)
62B-33.002: Definitions
62B-33.004: Exemptions from Permit Requirements
62B-33.005: General Criteria
62B-33.0051: Coastal Armoring and Related Structures
62B-33.007: Structural and Other Requirements Necessary for Permit Approval
62B-33.008: Permit Application Requirements and Procedures
62B-33.0081: Survey Requirements
62B-33.0085: Permit Fees
62B-33.013: Permit Modifications, Time Extensions, and Renewals
62B-33.014: Emergency Procedures
62B-33.0155: General Permit Conditions
62B-33.024: Thirty-Year Erosion Projection Procedures

PURPOSE AND EFFECT: To clarify and/or update rule requirements and add or amend definitions.

SUMMARY: Chapter 62B-33, F.A.C., provides the rules and procedures for obtaining a coastal construction control line (CCCL) permit for activities seaward of the CCCL. The proposed amendment will clarify and/or update rule requirements for exemptions, denials, evaluation of impacts from discharges of water or other fluids, emergency protection measures, permit application requirements, survey requirements, permit time extensions, emergency reporting procedures, general permit conditions, permit compliance reporting forms, and 30-year erosion projection procedures. In addition these amendments will add or revise definitions for government entity, survey datum NAD 83/90, protective value, and rebuilding.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 161.052, 161.053, 161.0535, 161.085FS.

LAW IMPLEMENTED: 161.052, 161.053, 161.0535, 161.054, 161.085 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: January 4, 2007, 9:00 a.m. – 12:00 Noon

PLACE: Bureau of Beaches and Coastal Systems, Building B, Room 309 (Training Room), 5050 West Tennessee Street, Tallahassee, FL.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rosaline Beckham, Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, M.S. #300, Tallahassee, Florida 32399-3000, call [phone] or e-mail: [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Rosaline Beckham, as referenced above.

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62B-33.002 Definitions.

(1) “Agency” is an administrative division of local, municipal, county, state, or federal government.

(2) through (20) No change.

(a) Landward horizontal movement of the line of mean high water line or beach and dune system profile.

(b) No change.

(21) through (27) No change.

(28) “Governmental Entity,” as used in Rule 62B-33.0051, F.A.C., Coastal Armoring and Related Structures, is defined as an agency, political subdivision, or municipality having jurisdiction over the proposed activities.

(28) through (31) renumbered as (29) through (32) No change.

(a) “Adverse Impacts” are impacts to the coastal system that may cause a measurable interference with the natural functioning of the coastal system.

(b) through (d) No change.

(32) through (36) renumbered as (33) through (37) No change.

(38) “NAD 83/90” – is the North American Datum 1983 adjustment of 1990.

(39)(37) “NAVD 88” is the North American Vertical Datum of 1988.

(38) through (46) renumbered (40) through (48) No change.

(49) “Protective Value” is the measurable protection level afforded by the dune system to upland property and structures from the predictable erosion and storm surge levels associated with coastal storm events.

(47) through (60) renumbered (50) through (63) No change.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053, 161.0535, 161.054, 161.061, 161.071, 161.081, 161.085 FS. History– New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.02, Amended 5-12-92, Formerly 16B-33.002, Amended 9-12-96, 1-26-98, 8-27-00, 7-1-01, 12-31-01, 6-13-04,________.

 

62B-33.004 Exemptions from Permit Requirements.

(1) No change.

(a) through (d) No change.

(e) Property owners may request a determination of exemption status within the period starting with the date of the first Public Hearing on reestablishing the CCCL held within the respective county and ending with the date of the establishment of the CCCL. The effective date of an exemption granted under this rule section shall be the date the CCCL is established.

(2) Major structures and additions to major structures proposed above existing patio slabs, decks, or similar unenclosed areas are considered as new structures separate and independent of the existing slab, deck, or other unenclosed area and shall comply with regulatory requirements set forth in this rule chapter.

(2)(3) No change.

(a) through (c) No change.

(d) If the Department determines the proposed activity is exempt from the provisions of Section 161.053(12)(c)9., F.S., and this rule chapter, the Department shall issue a notice of exemption using the DEP exemption form. The exemption form, which is entitled “Exemption Determination Pursuant to Section 161.053 or 161.052, F.S.”, DEP form number 73-120, is hereby incorporated by reference. The exemption notice shall be posted on site for the duration of the activity. If the proposed activity is determined not to be exempt, a permit pursuant to Section 161.053, F.S., and this rule chapter is required.

(3) The Department shall issue a letter of exemption pursuant to the provisions of Section 161.053(12)(b), F.S., provided that the applicant fulfills the information requirements of subsection 62B-33.008(13), F.A.C., and provided that the Department determines that the proposed project will not cause a measurable interference with the natural functioning of the coastal system. Prior to commencement of work under the exemption, the applicant shall comply with the public notice requirements for the agency action of Chapter 120, F.S.

(4) If the Department determines the proposed minor construction is exempt from the provisions of Section 161.053(12)(c)9., F.S., the Department shall issue a notice of exemption using the DEP exemption form. The exemption form, which is entitled “Exemption Determination Pursuant to Section 161.053 or 161.052, F.S.,” DEP form number 73-120, is hereby incorporated by reference. The exemption notice shall be posted on site for the duration of the activity. If the proposed activity is determined not to be exempt, a permit pursuant to Section 161.053, F.S., and this rule chapter is required.

(5) Major structures and additions to major structures proposed above existing patio slabs, decks, or similar unenclosed areas are considered as new structures separate and independent of the existing slab, deck, or other unenclosed area and shall comply with regulatory requirements set forth in this rule chapter.

Specific Authority 161.052, 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.04, Amended 5-12-92, 11-11-92, Formerly 16B-33.004, Amended 1-26-98, 8-27-00,_________.

 

62B-33.005 General Criteria.

(1) No change.

(2) In order to demonstrate that construction is eligible for a permit, the applicant shall provide the Department with sufficient information pertaining to the proposed project to show that adverse and other any impacts associated with the construction have been minimized and that the construction will not result in a significant adverse impact.

(3) No change.

(a) No change.

(b) Deny any application for an activity where the project has not met the Department’s Require siting and design criteria; has not that minimized adverse and other impacts, including stormwater runoff; or has not and provided mitigation of adverse impacts.

(4) No change.

(a) through (b) No change.

(c) The construction will not direct discharges of water or other fluids in a seaward direction and in a manner that would result in significant adverse impacts. For the purposes of this rule section, construction shall be designed so as to minimize erosion induced surface water runoff within the beach and dune system and to prevent additional seaward or off-site discharges associated with a coastal storm event.

(c) through (f) renumbered (d) through (g) No change.

(h)(g) The construction will not cause a significant adverse impact to marine turtles, immediately adjacent properties, or the coastal system.

(5) No change.

(6) Sandy material excavated seaward of the control line or 50-foot setback shall be maintained on site remain seaward of the control line or 50-foot setback and be placed in the immediate area of construction unless otherwise specifically authorized by the Department permit.

(7) through (8) No change.

(9) If in the immediate area a number of existing major structures have established a reasonably continuous and uniform construction line and if the existing structures have not been unduly affected by erosion, except where not allowed by the requirements of Section 161.053(6), F.S., and this rule chapter, the Department shall issue a permit for the construction of a similar structure up to that line, unless such construction would be inconsistent with subsections 62B-33.005(3), (4), (7), (8), or (10), F.A.C.

(10) No change.

(11) In considering project impacts to native salt-tolerant vegetation, the Department shall evaluate the type and extent of native salt-tolerant vegetation, the degree and extent of disturbance by invasive nuisance species and mechanical and other activities, the protective value to adjacent structures and natural plant communities, the protective value to the beach and dune system, and the impacts to marine turtle nesting and hatchlings. The Department shall restrict limit disturbances to activities that lower the protect value of natural and intact salt-tolerant plant communities, including beach and dune, coastal strand, and maritime hammock plant communities that significantly interact with the coastal system. Activities that result in the removal of protective root systems or reduce the vegetation's sand trapping and stabilizing properties of salt tolerant vegetation are considered to lower its protective value. Construction shall be located, where practicable possible, in previously disturbed areas or areas with non-native vegetation in lieu of areas of native plant communities when the placement does not increase adverse impact to the beach and dune system. Planting of invasive nuisance plants, such as those listed in the current Florida Exotic Pest Plant Council’s 2003 List of Invasive Species – Categories I and II (published May 20, 2003), will not be authorized if the planting will result in removal or destruction of existing dune-stabilizing native vegetation or if the planting is to occur on or seaward of the dune system. A copy of this list is available on the Internet at www.fleppc.org; or can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000; or by telephoning [phone] 487-4475, extension 108. Special conditions relative to the nature, timing, and sequence of construction and the remediation of construction impacts shall be placed on permitted activities when necessary to protect native salt-tolerant vegetation and native plant communities. A construction fence, a designated location for construction access or storage of equipment and materials, and a restoration plan shall be required if necessary for protection of existing native salt-tolerant vegetation during construction.

(12) Special conditions relative to the nature, timing, and sequence of construction shall be placed on permitted activities when necessary to protect marine turtles and their nests and nesting habitat. In marine turtle nesting areas, all forms of lighting shall be shielded or otherwise designed so as not to disturb marine turtles. Tinted glass or similar light control measures shall be used for windows and doors which are visible from the nesting areas of the beach. The Department shall suspend any permitted construction when the permittee has not provided the required protection for marine turtles and their nests and nesting habitat.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.05, 16B-33.005, Amended 9-12-96, 1-26-98, 8-27-00, 6-13-04, ___________.

 

62B-33.0051 Coastal Armoring and Related Structures.

(1) No change.

(a) No change.

1. through 2. No change.

a. No change.

b. Where there are multiple eligible structures in close proximity to one another each other, but not all of the structures are vulnerable and shoreline trends indicate continued erosion stress on the shoreline, and the Department determines through the use of numerical modeling and engineering analysis that the construction of armoring for only the vulnerable structures would cause the adjacent structures to become vulnerable following installation of the armoring, then all the eligible structures are considered vulnerable.

c. through d. No change.

3. through 5. No change.

(b) through (d) No change.

(2) No change.

(a) No change.

1. No change.

2. If armoring must be located close to the dune escarpment in order to meet the criteria listed above and such siting would result in destabilization of the dune causing damage to the upland structure, the armoring shall be sited seaward of, and as close as practicable possible to, the dune escarpment.

3. Armoring shall be sited a sufficient distance inside the property boundaries to prevent destabilizing the beach and dune system on adjacent properties or increasing erosion of such properties during a storm event. Return walls shall be sited as close to the building as practicable possible while ensuring the building is not damaged and space is allowed for maintenance.

4. through 5. No change.

(b) through (c) No change.

(3) through (4) No change.

(5) Emergency Protection. Upon the occurrence of a coastal storm which causes erosion of the beach and dune system such that existing structures have either become damaged or vulnerable to damage from a subsequent frequent coastal storm, pursuant to Section 161.085, F.S., the governmental entity agency, political subdivision, or municipality having jurisdiction over the eligible structures may take provide emergency protection measures to protect public infrastructure and private structures within its jurisdiction. Alternatively, upon declaring a shoreline emergency and providing notification to affected property owners and to the Department, the governmental entity the agency, political subdivision, or municipality having jurisdiction over the structures may issue permits authorizing authorize by permit, pursuant to this rule chapter and other appropriate ordinances, rules, and statutes, private property owners within their jurisdiction to protect their private structures once it declares an emergency and notifies the property owners who may be affected and the Department in accordance with Section 161.085, F.S. Emergency protection measures shall be subject to the following:

(a) If the Department has declared a shoreline emergency pursuant to this rule chapter and affected governmental entities agencies, political subdivisions, and municipalities do not provide for emergency protection permits, pursuant to Section 161.085, F.S., and this rule section, then private property owners must obtain such permits from the Department prior to construction.

(b) Emergency protection timelines shall be as follows: shall take place within 30 days after the initial erosion event. Delay in providing protection in excess of 30 days from the declaration of emergency shall result in a finding of no emergency, and emergency protection pursuant to this rule section shall no longer be authorized. Agencies, political subdivisions, or municipalities may extend this period up to 30 additional days upon revalidation of the emergency conditions.

1. If a governmental entity declares a localized emergency event and the Department does not issue an emergency final order, emergency protection measures shall be taken within 30 days after the initial erosion event. Delay in providing protection measures in excess of 30 days from the declaration of emergency shall result in a finding of no emergency, and emergency protection pursuant to this rule section shall no longer be authorized. Governmental entities may extend this period up to 30 additional days upon their revalidation of the emergency conditions.

2. If the state of Florida declares a shoreline emergency, emergency protection measure timelines for activities considered under Section 161.085, F.S., shall be concurrent with the Department’s emergency final order timelines.

(c) Measures used for temporary protection shall be the minimum required as determined by the governmental entity local government pursuant to Section 161.085, F.S., to protect the structure from imminent collapse. Armoring or other measures shall be sited and designed to minimize excavation of the beach and frontal dune; impacts to existing native coastal vegetation, marine turtles, and adjacent properties; and encroachment onto the beach. Temporary protection shall be sited and designed to facilitate removal.

(d) No change.

1. Temporary reinforcement of foundations, placement of sandbags, and construction of protective sand berms. Sand used to fill sandbags or construct protective berms shall be beach compatible material and be obtained from an upland source. Excavation of the beach face or near shore area shall require a permit from the Department, pursuant to this rule chapter. Any excavation that occurs below the mean high water line on sovereignty lands is subject to the provision of Section 161.041 and Chapter 253, F.S.

2. No change.

(e) through (h) No change.

(i) Under Section 161.085, F.S., if installation of a temporary emergency protection structure has caused, is causing, or has the reasonable potential to cause a significant adverse impact, the governmental entity that agency, political subdivision, or municipality which authorized the structure shall conduct or require appropriate action to eliminate any significant adverse impact.

(j) through (k) No change.

1. through 3. No change.

4. In order to be prepared for coastal emergencies, local governmental entities agencies, political subdivisions, or municipalities who anticipate installing or authorizing emergency coastal protection structures should obtain a federal Endangered Species Act, Section 10, Incidental Take authorization from the United States Fish and Wildlife Service through the development of a marine turtle habitat conservation plan.

(l) Governmental entities Agencies, political subdivisions, or municipalities shall notify the Department’s Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, within three working days of installing or authorizing the installation of any armoring pursuant to this rule section (overnight delivery to Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 5050 West Tennessee Street, Building B, Tallahassee, Florida 32304, or facsimile copy to [phone]). Notification shall include:

1. through 3. No change.

(m) No change.

(6) No change.

(a) through (b) No change.

(c) Where applicable, an inlet management plan has been adopted by the Department and implemented by the governmental entity agency, municipality, or political subdivision having jurisdiction over the inlet.

Specific Authority 161.053, 161.085 FS. Law Implemented 161.052, 161.053, 161.085 FS. History–New 9-12-96, Amended 1-26-98, 8-27-00, 7-1-01, 6-13-04, 7-3-05, ___________.

 

62B-33.007 Structural and Other Requirements Necessary for Permit Approval.

(1) No change.

(2) Upon the March 1, 2002 effective date of the Florida Building Code Act (pursuant to Sections 553.73 and 553.79, F.S.), the standards contained in this rule section shall be enforced by the local governments, except as noted in subsection 62B-33.007(1) and paragraphs 62B-33.007(4)(k) and (l), F.A.C.

(3) through (4) No change.

(a) through (j) No change.

(k) Fishing or ocean piers or the extension of existing fishing or ocean piers shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year storm event. Pier decking and rails may be designed to be an expendable structure. Major structures constructed on the pier shall be designed for the wind loads as set forth in the FBC this rule section. Pile foundations shall not obstruct the longshore sediment transport and shall be designed to minimize any impact to the shoreline or coastal processes.

(l) through (m) No change.

(5) No change.

Specific Authority 161.053 FS. Law Implemented 161.052(2), 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.07, Amended 5-12-92, Formerly 16B-33.007, Amended 9-12-96, 1-26-98, 8-27-00, 12-31-01, 6-13-04,________.

 

62B-33.008 Permit Application Requirements and Procedures.

(1) No change.

(2) Applications received by the Department after the March 1, 2002 effective date of the Florida Building Code Act shall not be required to comply with the provisions of paragraphs 62B-33.008(3)(j), and subsection 62B-33.008(4), F.A.C., except as noted in subsection 62B-33.008(1), F.A.C.

(3) Any person desiring to obtain a permit for construction seaward of the coastal construction control line (CCCL) or 50-foot setback from the Department, except those persons applying pursuant to the emergency procedures in Rule 62B-33.014, F.A.C., shall submit two copies of a completed application form, only one of which is to include the required attachments, to the Bureau at the address below. The permit application form, which is entitled “Application for a Permit for Construction Seaward of the Coastal Construction Control Line or Fifty-Foot Setback” – DEP Form 73-100 (Revised 12/06 1/04), is hereby adopted and incorporated by reference. Copies of the form can be obtained by writing the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000; or by telephoning [phone]. The application shall contain the following specific information:

(a) through (b) No change.

(c) Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of Sufficient evidence of ownership may includes a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease-purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or the cooperative documents defined in Section 719.103(13)(9)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership will be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quit claim deed, a purchase contract, or an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticated official county record) is not sufficient evidence of ownership. If the applicant is not the property owner, the applicant shall submit certification on the form provided by the Department as part of the permit application form, which is referenced in subsection 62B-33.008(3), F.A.C., authorizing the applicant to act as the owner’s agent for the purpose of applying for a permit and to act on behalf of the owner in other matters pertaining to the permit.

(d) Written evidence, provided by the appropriate local governmental entity agency having jurisdiction over the activity, that the proposed activity, that the proposed activity, as submitted to the Bureau, does not contravene local setback requirements or zoning codes and is consistent with the state approved Local Comprehensive Plan.

(e) through (f) No change.

(g) For major and rigid coastal structures, two copies one copy of a dimensioned site plan drawn drawing to an appropriate scale, on 8 1/2-inch by 11-inch size paper showing property boundaries, the location of the proposed structure(s), the proposed construction limits, and the location and volume of any proposed excavation or fill, and the locations of roads, adjacent dwellings, the vegetation line, and the approximant mean high water line all distances and locations as referenced in subsection 62B-33.0081(1), F.A.C.

(h) For major and rigid coastal structures, two copies of dimensioned cross-sections drawn one copy of a dimensioned cross-sectional drawing to an appropriate scale, on 8 1/2-inch by 11-inch paper, showing:

1. All subgrade construction or excavation with elevations referenced to the NAVD of 1988 (U.S. survey foot).

2. Typical cross-sections view of major structures the structural components above grade with elevations for the underside of the building support structure and crest elevations for any proposed coastal or shore protection structure.

3. through 4. No change.

5. The location of the contour line corresponding to elevation 0.0 NAVD of 1988 (U.S. survey foot).

(i) For structures with proposed permanent exterior lighting, two copies one copy of a dimensioned lighting plan drawn drawing to an appropriate scale, on 8 1/2-inch by 11-inch paper, showing:

1. No change.

2. A table with the column headings shown below providing the specified information for each fixture model used, and

 

Symbol

Fixture (e.g., name or of stock number)

Total Number of Each Fixture

Bulb Lumens Output Wattage and Type (e.g., 420 lumens output standard incandesent 40 watt yellow “bug” bulb lamp)

Type of Mount (e.g., wall, pole, bollard)

Mounting Height

 

3. No change.

4. Multi-family and commercial project applications shall include three copies of the items listed in rule subparagraphs 62B-33.008(3)(i)1. through 3., F.A.C.

(j) No change.

(k) For major habitable multifamily dwelling structures, two copies of detailed foundation plans and specifications. These documents shall be signed and sealed by an engineer or architect (as appropriate) licensed in the state of Florida.

(l)(k) Two copies of a dimensioned site plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the state of Florida. The site plan shall include: Two copies of a dimensioned detailed site plan and grading plan, as necessary, to an appropriate scale showing the location of the proposed structure(s) with respect to the CCCL, the location of the proposed construction limits, and the location and volume of any proposed excavation or fill, and all distances and locations as referenced in subsection 62B-33.0081(1), F.A.C. These documents shall be signed and sealed by a design engineer or architect licensed in the sState of Florida.

1. The locations and exterior dimensions of all proposed structures, including foundations and other activities, and the bearings and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

2. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore-protection structure. These measurements shall include all structures that the applicant contends have established a reasonably continuous and uniform construction line for permits requested under the provisions of Sections 161.052(2)(b) or 161.053(5)(b), F.S.

3. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

4. The horizontal location of the erosion control line (if one exists), any contour lines corresponding to elevation 0.00, the approximate contour of mean high water and the seasonal high water, and the horizontal location of the seaward line of vegetation and outlines of existing natural vegetation.

5. The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

6. The location and dimensions of the property boundary, rights of way, and easements, if any.

7. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings.

8. The location of work limits, construction fences, and dune features and vegetation to be protected during construction.

(m) Two copies of a dimensioned grading plan. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the State of Florida. The grading plan shall include:

1. Existing and proposed elevations and contours and spot elevations.

2. For any proposed excavation or fill:

a. A table of all permanent, temporary, and net excavation and fill volumes seaward of the CCCL);

b. The storage locations and description of handling methods for all temporary excavation and fill material; and

c. Soil and geotechnical data for beach compatible imported or excavated material proposed for placement on the beach seaward of a frontal dune or on the sandy beach.

(n) Two copies of dimensioned cross-sections. The drawings shall be signed and sealed by an architect, engineer, landscape architect, or professional surveyor and mapper (as appropriate) licensed in the State of Florida. The cross-sections shall include a typical view from the mean high water line to the CCCL depicting all structures and building elevations, proposed and existing grades, subgrade construction, excavation, fill, and elevations for any proposed or existing rigid coastal structures.

(o)(l) For rigid coastal structures, two copies of a dimensioned site plan and detailed final construction plans and specifications for all proposed structures or excavation. These documents shall be signed and sealed by an the design engineer licensed in the State of Florida and shall bear the certification specified in paragraph 62B-33.0051(2)(c), F.A.C., and the site plan shall include all information required in subsection 62B-33.0081(1), F.A.C.

(p)(m) Details, including engineering design computations, for any proposed waste or storm water discharge onto, over, under, or across the beach and dune system, such as storm water runoff, swimming pool drainage, well discharge, domestic waste systems, or outfalls. For multi-family dwellings, commercial developments, paved roadways, parking lots, and any de-watering projects, the applicant shall provide two copies of a dimensioned storm water management plan or other drainage plan(s). These plans shall show all conveyance systems (pipes, swales, culverts, wells, catchbasins, outlets), retention areas, invert elevations, and surface runoff drainage arrows.

(n) through (o) renumbered (q) through (r) No change.

(4) No change.

(5) The staff shall require the applicant to provide other site specific information or calculations as is necessary for proper evaluation of the application. The dimensions for the plans and survey information referenced in this section shall be submitted in U.S. Customary System Standard Imperial (English) units. Structures shall be located with distances measured perpendicular to the control line, 50-foot setback line, or the mean high water line, as appropriate. All elevations in this Rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross-sections shall be drawn to a scale no smaller than 1'' = 40' in the horizontal dimension.

(6) The Department recognizes that the requirements specified in paragraphs 62B-33.008(3)(f) through (r) (4)(f), (g), (h), (i), (j), (k), (l), (m), (n), and (o), and Rule 62B-33.0081, F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach and dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do no apply.

(7) No change.

(8) Notwithstanding the provisions under subsection 62B-33.008(7), F.A.C., an applicant whose permit application was received prior to the effective date of the FBC shall have 90 days from the effective date of the FBC in which to submit the information to the Department. If an applicant requires more than 90 days in which to provide the information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for one additional period of up to 90 days. No additional extensions shall be granted. Failure of the applicant to provide the timely requested information by the applicable deadline shall result in a denial of the application.

(8)(9) If the Department has received a permit application but has not taken final agency action on it and a major change in coastal conditions occurs, which in the determination of the Department renders the information already reviewed insufficient, then the Department shall notify the applicant that they must submit additional information must be submitted for Departmental review and provide a written waiver of the requirements of Section 120.60, F.S., must be provided or the Department shall deny the application.

(10) Permits shall be suspended or revoked in accordance with Rule 62-4.100, F.A.C. In addition, a permit shall be suspended, revoked, or modified by the Department if shoreline changes occurring subsequent to issuance of the permit render the previously authorized activities inconsistent with Chapter 161, F.S., or this rule Chapter 62B-33, F.A.C.

(9)(11) Permits for major structures shall expire three years from the date of issuance unless the Department receives a written request for extension from the applicant demonstrating that the construction phase of the project cannot be completed within three years. In such case, permits for major structures shall expire five years from the date of issuance. Permits for minor structures shall expire one year from the date of issuance. Once a permit has expired, all activity authorized must cease unless a new permit, a time extension, pursuant to subsection 62B-33.013(3), F.A.C. or a permit renewal pursuant to subsection 62B-33.013(4), F.A.C., is approved by the Department.

(10)(12) Any substantial modification to a complete application shall require an additional processing fee determined pursuant to subsection 62B-33.0085(4), F.A.C., and shall restart the time requirements of Section 120.60, F.S. For purposes of this rule section, the term “substantial modification” shall mean a modification that which is reasonably expected to lead to new or increased adverse impacts that require a detailed review.

(11)(13) As an alternative to the above procedure, the Department issues field permits for certain minor structures and activities if the Department determines the activity has minor impacts. The field permit form that, which is entitled “Field Permit Pursuant to Section 161.053 or 161.052, F.S.,”, DEP Form 73-122 (Revised 3/05 New 5/00), is hereby adopted and incorporated by reference. A copy of the form can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning [phone] 487-4475, extension 108.

(12) Requests for the Department to determine that the proposed activity is exempt from permitting pursuant to the provisions of Section 161.053(12)(b), F.S., shall include, at a minimum, a survey meeting the requirements of Rule 62B-33.0081, F.A.C., and a site plan meeting the requirements of paragraph 62B-33.008(3)(k), F.A.C. The Department may require additional information to determine whether or not the project will cause a measurable interference with the natural functioning of the coastal system. The Department recognized that the requirements specified above may not be necessary to make an exemption determination. In such cases, the applicant shall, as part of the request for exemption, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 7-7-81, 3-17-85, 11-10-85, Formerly 16B-33.08, Amended 8-7-86, Formerly 16B-33.008, Amended 1-26-98, 8-27-00, 12-31-01, 6-13-04,_________.

 

62B-33.0081 Survey Requirements.

(1) No change.

(a) No change.

(b) All vertical data datum specified on the survey shall be and referenced to the NAVD of 1988 (U.S. survey foot) in feet.

(c) through (d) No change.

(e) Legal description of the property.

(e) through (f) renumbered (f) through (g) No change.

(h)(g) The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second 2nd order or higher horizontal control points.

(i)(h) The horizontal location of the erosion control line, if one exists.,

(j)(i) The horizontal locations of the contour lines corresponding to elevation 0.00, the approximate contour of the mean high water MHW, and the contour of the seasonal high water.

(j) through (l) renumbered (k) through (m) No change.

(n)(m) If the permit is requested under the provisions of Section 161.053(5)(b) or 161.052(2)(b), F.S., the survey shall show the dDimensions and locations of the foundation outlines of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform construction line, if the permit is requested under the provisions of Section 161.053(5)(b) or 161.052(2)(b), F.S. The survey shall show bearings and distances perpendicular from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of the crest or cap at the extremities of any coastal or shore protection structure, including the down line bearings and distances from the nearest point of intersection of the CCCL and the established perpendicular intersection, shall be shown on the survey.

(2) No change.

(a) No change.

(b) At least two CCCL Map of Record control points or any two published second 2nd order or higher horizontal control points shall be used in the location traverse. The bearing and distance from the nearest control monuments to the points of intersection on the CCCL shall be shown upon the survey.

(c) The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or 50-foot setback, including the down-line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection.

(3) No change.

(a) through (b) No change.

(c) Identification of the Geodetic Control that was held fixed or used as Base Station installation. The Geodetic Control that was checked or allowed to take adjustment. When using real-time kinematic carrier phase processing, at least one additional control monument shall will be occupied and a statistical comparison to the published values shall be provided.

(d) through (f) No change.

(g) The survey drawings shall include the following notes or equivalent:

1. through 2. No change.

3. The survey shall provide the Florida State Plane Coordinates referenced to NAD 83/90 (U.S. survey foot) for two consecutive property corners on the subject property and the perpendicular bearings and distances to the most recently recorded CCCL or 50-foot setback, including the down line bearing and distance from the nearest point of intersection of the CCCL and the established perpendicular intersection.

4. No change.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 6-13-04, Amended________.

 

62B-33.013 Permit Modifications, Time Extensions, and Renewals.

(1) through (2) No change.

(3) The permittee or authorized agent may request an extension of the permit expiration date by filing a written request with the Bureau prior to the permit expiration date. If a request for a time extension is completed pursuant to paragraph 62B-33.013(3)(a), F.A.C., and received prior to the permit expiration date, the permit will be valid until the Department acts upon the extension request. If a timely but incomplete request for a time extension is received, construction must cease upon the expiration date of the permit and shall not restart until the request is complete or until the Department acts upon the request. Time extensions for major structures can be issued for periods of up to three years. The total time extensions shall not extend beyond three years from the permit’s original expiration date. The request shall be made using the time extension form entitled “Application for a Permit Time Extension Pursuant to Rule 62B-33.013, F.A.C.,”, DEP Form 73-113 (Revised 7/04 1/04), which is hereby adopted and incorporated by reference. A copy of the form can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning [phone] 487-4475, extension 108.

(a) No change.

1. through 2. No change.

3. A copy of a valid building permit or evidence provided by the applicable county or municipality that the authorization previously provided under paragraph 62B-33.008(3)(d), F.A.C., shall will remain in effect throughout the duration of the requested time extension;

4. through 5. No change.

(b) No change.

1. No change.

2. Application for a time extension is made after the expiration date of the permit; or

3. Construction has not started within the five-year period following the date of permit issuance for a major structure;.

4. The permit has previously been extended to the limit allowed under this subsection or renewed pursuant to subsection 62B-33.013(4), F.A.C.; or

5. The time extension request would extend the expiration date beyond three years from the permit’s original expiration date.

(4) through (5) No change.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, Formerly 16B-33.13, 16B-33.013, Amended 1-26-98, 8-27-00, 6-13-04, _______.

 

62B-33.014 Emergency Procedures.

(1) A “shoreline emergency” declared by the Governor or the Department is any unusual incident resulting from a hurricane, storm, or other violent coastal disturbance that has resulted in erosion, beach or coastal damage, sudden and unpredictable hazards to navigation, damage to upland structures, or any other unusual incident from natural or unnatural causes that endangers the coastal system or health, safety, welfare, or resources of the citizens of the state. Permits approved under the emergency procedures described in this rule section are intended to alleviate conditions resulting from a shoreline emergency and for purposes of this rule section shall be referred to as “emergency permits”.

(2) No change.

(a) Designated representatives of the Department shall process issue emergency permits upon the request for an emergency field permit or the submittal of an emergency permit application. All construction shall be reasonably expected to be completed within ninety (90) days of permit issuance;

(b) Emergency field permits that are processed pursuant to subsection 62B-33.008(13), F.A.C., may be issued for construction, including but not limited to: temporary or remedial activities to protect structures; repair or replace minor structures, including dune walkovers, retaining walls, decks, and gazebos; dune restoration with beach compatible sand; repair or replacement of minor damages to coastal armoring structures, including bulkhead or seawall caps, return walls, tiebacks, individual sheet piles, and armor stone; and other similar activities;

(c) Emergency permit applications may be submitted for the following activities: permanent foundation repair to major structures, repair or reconstruction of major structures, or repair or reconstruction of major damages to coastal armoring structures. The request shall be submitted using the form entitled “Emergency Permit Application Pursuant to Section 161.052 or 161.053, F.S.” – DEP Form 73-303 (New 12/06), which is hereby adopted and incorporated by reference;

(b) through (d) renumbered (d) through (f) No change.

(3) Emergency permit processing procedures shall be designated for no longer than the period stated in the executive order. However, if the permittee demonstrates that the emergency conditions still exist and that failure to complete the project was beyond the permittee’s control, Tthe Department shall authorize emergency permit processing extensions, of 30 days each, not to exceed three (3) extensions, concurrent with an emergency final order.

(4) Emergency permits shall expire 90 days after the date of issuance unless an earlier date is specified in the permit. If the permittee demonstrates that the emergency conditions still exist and that failure to complete the project was beyond the permittee’s control, the Department shall grant an extension of no more than 90 days after the initial expiration date.

(4) through (5) renumbered (5) through (6) No change.

(6) Emergency permits shall expire 90 days after the date of issuance unless an earlier date is specified in the permit. If the permittee demonstrates that the emergency conditions still exist and that failure to complete the project was beyond the permittee’s control, the Department shall grant an extension of no more than 90 days after the initial expiration date.

Specific Authority 161.053 FS. Law Implemented 161.041, 161.052, 161.053 FS. History–New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.14, 16B-33.014, Amended 1-26-98,________.

 

62B-33.0155 General Permit Conditions.

(1) No change.

(a) The permittee shall carry out the construction or activity for which the permit was granted in accordance with the plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work structure, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection by a Department representative.

(b) through (e) No change.

(f) Construction traffic shall not occur be operated and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats.

(g) through (i) No change.

(j) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other native salt-tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas – whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise – shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located.

(k) through (o) No change.

(p) The permittee shall immediately inform the Bureau of any change of mailing address of the permittee and any authorized agent until all requirements of the permit are met.

(q) For permits involving major structures or activities, the permittee shall submit to the Bureau periodic progress reports on a monthly basis beginning at the start of construction and continuing until all work has been completed. If a permit involves either new armoring or major reconstruction of existing armoring, the reports shall be certified by an engineer licensed in the State of Florida. The permittee or engineer, as appropriate, shall certify that as of the date of each report all construction has been performed in compliance with the plans and project description approved as a part of the permit and with all conditions of the permit, or shall specify any deviation from the plans, project description, or conditions of the permit. The report shall also state the percent of completion of the project and each major individual component. The reports shall be provided to the Bureau using the form entitled “Periodic Progress Report” – DEP Form 73-111 (Revised 6/04 1/04), which is hereby adopted and incorporated by reference. Permits for minor structures or activities do not require submittal of periodic reports unless required by special permit condition.

(r) For permits involving habitable major structures, all construction on the permitted structure shall stop when the foundation pilings have been installed. At that time the foundation location form shall be submitted to and accepted by the Bureau prior to proceeding with further vertical construction above the foundation. The form shall be signed by a professional surveyor, licensed pursuant to Chapter 472, F.S., and shall be based upon such surveys performed in accordance with Chapter 472, F.S., as are necessary to determine the actual configuration and dimensioned relationship of the installed pilings to the control line. The information shall be provided to the Bureau using the form entitled “Foundation Location Certification” – DEP Form 73-114B (Revised 9/05 1/04), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is acceptable. The Department shall notify the permittee of approval or rejection of the form within seven (7) working days after staff receipt of the form. All survey information upon which the form is based shall be made available to the Bureau upon request. Permits for repairs or additions to existing structures with nonconforming foundations are exempt from this condition.

(s) For permits involving major structures, the permittee shall provide the Bureau with a report by an engineer or architect licensed in the State of Florida within thirty (30) days following completion of the work. The report shall state that all locations specified by the permit have been verified and that other construction and activities authorized by the permit have been performed in compliance with the plans and project description approved as a part of the permit and all conditions of the permit; or shall describe any deviations from the approved plans, project description, or permit conditions, and any work not performed. Such report shall not relieve the permittee of the provisions of paragraph 62B-33.0155(1)(a), F.A.C. If none of the permitted work is performed, the permittee shall inform the Bureau in writing no later than 30 days following expiration of the permit. The report shall be provided on the form entitled “Final Certification” DEP Form 73-115B (Revised 9/05 1/04), which is hereby adopted and incorporated by reference.

(t) No change.

(2) through (3) No change.

(4) This permit does not authorize trespass onto other property.

(5)(4) No change.

(6)(5) Copies of any forms referenced above can be obtained by writing to the Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, or by telephoning [phone] 487-4475, extension 108.

Specific Authority 161.053 FS. Law Implemented 161.052, 161.053 FS. History–New 6-13-04, Amended ________.

 

62B-33.024 Thirty-Year Erosion Projection Procedures.

(1) through (2) No change.

(a) through (b) No change.

(c) Some shoreline areas, such as those adjacent to or in the vicinity of inlets without jetty structures, can experience large-scale beach-width fluctuations with or without net erosional losses. Other beach areas can fluctuate greatly due to the observed longshore movement of large masses of sand, sometimes referred to as sand waves. In these areas, a 30-year erosion projection shall be estimated from the available data at the SHWL landward limit of the large beach-width fluctuations within the last 100 years, plus the application of a net erosion rate, as described in paragraph 62B-33.024(2)(a), F.A.C., if such can be determined from the available data.

(d) through (h) No change.

(3) No change.

Specific Authority 161.053 FS. Law Implemented 161.053(6) FS. History–New 11-10-85, Formerly 16B-33.24, 16B-33.024, Amended 1-26-98, 6-13-04, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mimi Drew, Director, Division of Water Resource Management

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Allan Bedwell, Deputy Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 28, 2005