Exemptions from Permit Requirements, General Criteria, Permit Application Requirements and Procedures  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION
    Division of Beaches and Shores

    RULE NO: RULE TITLE
    62B-33.004: Exemptions from Permit Requirements
    62B-33.005: General Criteria
    62B-33.008: Permit Application Requirements and Procedures

    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. 32, No. 49, December 8, 2006 issue of the Florida Administrative Weekly.

    62B-33.004 Exemptions from Permit Requirements.

    (1) through (3) No change.

    (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 (Updated 3-05), 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) No change.

    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) through (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 activities that lower the protective value of natural and intact beach and dune, coastal strand, and maritime hammock plant communities. 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, 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 2005 List of Invasive Species – Categories I and II, 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 (850)488-7708. 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) No change.

    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-33.008 Permit Application Requirements and Procedures.

    (1) through (7) No change.

    (8) 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 deny the application unless notify the applicant submits requested updated that additional information must be submitted for Departmental review and a written waiver of the requirements of Section 120.60, F.S., must be provided or the Department shall deny the application.

    (9) through (11) No change.

    (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 the information a site plan meeting the requirements of paragraphs 62B-33.008(3)(l)(k), (m), (n), (p), (r), and subsection 62B-33.008(5), 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 recognizesd 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, 161.0535 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,__________.

     

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department has determined that the regulatory costs associated with the proposed revisions are minimal, and has amended the proposed rule language to clearly state that, upon identification by the applicant, the Department will waive exemption requirements that do not apply. Any person who wishes to provide information regarding the Statement of Estimated Regulatory Costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    THE PERSON TO BE CONTACTED REGARDING THIS NOTICE AND A COPY OF THE DRAFT RULE IS: Rosaline Beckham, Environmental Specialist III, Department of Environmental Protection, Bureau of Beaches and Coastal Systems, Mail Station #300, 3900 Commonwealth Boulevard, Tallahassee, FL 32399-3000, call (850)488-7815 or e-mail: rosaline.beckham@dep.state.fl.us.

    A COPY OF THE PRELIMINARY TEXT OF THE PROPOSED RULE IS AVAILABLE ON THE BUREAU’S WEBSITE AT WWW.DEP.STATE.FL.US/BEACHES OR IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.