Exemptions from Permit Requirements, Permit Application Requirements and Procedures, Emergency Procedures

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Beaches and Shores

RULE NO: RULE TITLE
62B-33.004: Exemptions from Permit Requirements
62B-33.008: Permit Application Requirements and Procedures
62B-33.014: Emergency 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.

The present changes are made in response to written comments received from the Joint Administrative Procedures Committee.

 

THE TEXT OF THE PROPOSED RULE CHANGE IS:

62B-33.004 Exemptions from Permit Requirements.

(1) through (2) No change.

(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(11)(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 (Updated 3-05), is hereby 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].  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.

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 notify the applicant 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.

(8)(9) 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, or a permit renewal is approved by the Department.

(9)(10) 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 is reasonably expected to lead to new or increased adverse impacts that require a detailed review.

(10)(11) 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 entitled “Field Permit Pursuant to Section 161.053 or 161.052, F.S.,” DEP Form 73-122 (Revised 3/05 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]

(11)(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 requirements of paragraphs 62B-33.008(3)(l) (m), (n), (p), (r), and subsection 62B-33.008(5), F.A.C. The Department recognizes 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,_________.

 

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) No change

(b) Emergency field permits that are processed pursuant to subsection 62B-33.008(11)(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) through (f) No change.

(3) through (6) No change.