The Department is proposing to amend the definition of “Eligible” and “Vulnerable” to clarify that in order to qualify for coastal armoring, the eligible private structure to be protected must be located wholly or partially seaward of the applicable ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NO.:RULE TITLE:

62B-33.002:Definitions

PURPOSE AND EFFECT: The Department is proposing to amend the definition of “Eligible” and “Vulnerable” to clarify that in order to qualify for coastal armoring, the eligible private structure to be protected must be located wholly or partially seaward of the applicable Coastal Construction Control Line and Fifty-foot Setback line, and to clarify the models used by the Department to establish vulnerability.

SUMMARY: The Chapter sets forth the rules and procedures for coastal construction and excavation applicable to permits for construction seaward of the Coastal Construction Control Line and Fifty-Foot Setback line. The Department is proposing changes to the definitions of “Eligible” and “Vulnerable” to clarify that in order to qualify for coastal armoring, the eligible private structure to be protected must be located wholly or partially seaward of the applicable Coastal Construction Control Line, and to clarify the models used by the Department to establish vulnerability.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Information known to the agency regarding costs of preparation of submittals required by the rules, and based on the extensive expertise and experience of agency staff, it was determined that a SERC was not necessary and that the rule amendments will not require Legislative ratification. No person or interested party submitted additional information regarding economic impact of the rule amendments during the public workshop or in written comments to the agency.

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.

RULEMAKING AUTHORITY: 161.052(11), 161.053(20), 161.085(5) FS.

LAW IMPLEMENTED: 161.052(1), (2), (3), (4), (5), (6), (7), 161.053(2), (4), (5), (6), (8), (9), (11), (12), (14), (17), (19), (21), 161.0535, 161.054(1), (2), (5), 161.085(1), (2), (3), (4), (6), (7), (8), (9) 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: May 8, 2020; 10:00 A.M – 11:00 A.M.

PLACE: Due to COVID-19 social distancing requirements, the Department will hold the hearing by webinar only. https://attendee.gotowebinar.com/register/3246847247837376268

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 5 days before the workshop/meeting by contacting: Douglas Aarons, P.E., Florida Department of Environmental Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 3500, FL 32399-3522, telephone: [phone], 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 RULE IS: Douglas Aarons, P.E., Florida Department of Environmental Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 3500, FL 32399-3522, telephone: [phone], e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62B-33.002 Definitions.

(1) through (11) No change.

(12) “Eligible Structures” are public infrastructure and private structures qualified for armoring as follows:

(a) Public infrastructure includes those roads designated as public evacuation routes, public emergency facilities, bridges, power facilities, water or wastewater facilities, other utilities, hospitals, or structures of local governmental, state, or national significance.

(b) Private structures, located partially or wholly seaward of the coastal construction control  line, include:

1. Non-conforming habitable structures,

2. Major non-habitable structures which are not expendable,

3. Expendable major structures which are amenities necessary for occupation of the major structure; and,

4. Expendable major structures whose failure would cause an adjacent upland non-conforming habitable structure or major non-habitable structure, which is not expendable, to become vulnerable.

(c) Eligible structures do not include minor structures.

(13) through (58) No change.

(59) “Vulnerable” is when an eligible structure is subject to either direct wave attack or to erosion from a 15-year  return interval storm which exposes any portion of the foundation.  Vulnerability will be determined by using the methodologies referenced in Rule 62B-33.0051(1)(a)2., F.A.C., or the SBEACH Model (Storm-induced BEAch CHange Model) by the U.S. Army Corps of Engineers, which is hereby adopted and  incorporated by reference,  and which may be obtained at the following web address: http://www.flrules.org/Gateway/reference.asp?No=XXXX.    

Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(1), (2), (3), (4), (5), (6), (7), 161.053(2), (4), (5), (6), (8), (9), (11), (12), (14), (17), (19), (21), 161.0535, 161.054(1), (2), (5), 161.085(1), (2), (3), (4), (6), (7), (8), (9) 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, 5-31-07, 7-17-08, 11-28-18, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Douglas Aarons, P.E., Florida Department of Environmental Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 3500, FL 32399-3522, telephone: [phone], e-mail: [e-mail].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 13, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2019