Department of Environmental Protection, Beaches and Coastal Systems

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NO.: RULE TITLE:

62B-34.010: Definitions

62B-34.030: Application Procedures

62B-34.040: Application Fees and Information Requirements

62B-34.050: General Conditions

62B-34.055: Minor Structures

62B-34.060: Non-Habitable Major Structures and Associated Minor Structures or Activities

62B-34.070: Single Family Dwelling and Associated Minor Structures or Activities

62B-34.080: Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings in Absence of a General Permit Line, Second Line of Construction, or Major Road

62B-34.085: Minor Reconstruction of Existing Coastal Armoring Structures

62B-34.090: Dune Restoration

PURPOSE AND EFFECT: The Department is amending Chapter 62B-34, F.A.C., General Permits for Activities Seaward of the Coastal Construction Control Line, authorized by Section 161.053, F.S. The proposed rule amendments will create a more efficient, effective and responsive regulatory process, and will result overall in reduced costs to permit applicants. The amendments will also clarify existing rule language and incorporate new general permits into the chapter.

SUMMARY: The Department is proposing to amend the Chapter 62B-34, F.A.C, to allow General Permits for swimming pools associated with single-family homes, dune restoration, and to allow for minor reconstruction of existing coastal armoring as authorized by Chapter 2014-151, Laws of Florida.  Amendments to the Chapter will also add a definition of “registered professional” and “marine turtle nesting habitat”, amend the application fee schedule, add general conditions applicable to all General Permits regarding beach walkovers and sand fencing, create a new General Permit for certain minor structures, and clarify existing siting criteria.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND

LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an impact on small business or likely increase directly or indirectly regulatory cost in excess of $200,000 in the aggregate within one year after 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 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.

RULEMAKING AUTHORITY: 161.053(18), (20), 161.0535, 161.054, FS.

LAW IMPLEMENTED: 161.052, 161.053(2), (4), (6), (18), (21), 161.0535, 161.121, 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: July 20, 2018, 11:00 a.m.

PLACE: Florida Department of Environmental Protection, Bob Martinez Building, Room 609, 2600 Blair Stone Road, Tallahassee, FL 32399.

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: Jessica Melkun by phone at [phone] OR by e-mail at [e-mail].  

If you are hearing or speech impaired, please contact the agency by using the Florida Relay Service, 1 [phone] (TDD) or 1 [phone] (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tony McNeal, Florida Department of Environmental Protection, Coastal Construction Control Line, 2600 Blair Stone Road, MS 2500, FL 32399-3522, telephone: [phone], e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62B-34.010 Definitions

62B-34.030 Application Procedures

62B-34.040 Application Fees and Information Requirements

62B-34.050General Conditions

62B-34.055Minor Structures

62B-34.060Non-Habitable Major Structures and Associated Minor Structures or Activities Including Swimming Pools at Single-Family Dwellings

62B-34.070 Single-Family Dwellings and Associated Minor Structures or Activities

62B-34.080Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings Independent of a General Permit Line, or Second Line of Construction or Major Road

62B-34.085Minor Reconstruction of Existing Coastal Armoring Structures

62B-34.090Dune Restoration

 

PART I GENERAL PROVISIONS

62B-34.010 Definitions.

(1) through (9) No change.

(10) “Marine Turtle Nesting Habitat” is all sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches. Nesting habitat includes all sandy beach and unvegetated or sparsely vegetated dunes immediately adjacent to the sandy beach and accessible to nesting female turtles.

(10) through (12) renumbered (11) through (13) No change.

(14) “Registered Professional” means a professional registered or licensed by and in the State of Florida and practicing under Chapter 471, 472, 481, or 492, F.S.

(13) through (17) renumbered (15) through (18) No change.

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10,          .

 

62B-34.030 Application Procedures.

(1) Any person wishing to use a General Permit shall provide a notice of intent to engage in activities under the General Permit by submitting to the Department the appropriate application fee required by Rule 62B-34.040, F.A.C., along with a completed application, using DEP Form #73-101 (Updated 7/05) entitled “Application for a General Permit for Construction or Other Activities Seaward of the Coastal Construction Control Line”, Month, 2018, which is hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The Department must receive the completed application at least thirty (30) days before the applicant begins any work. Copies of the application form may be obtained by contacting the Department or by accessing the Department’s website at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms www.dep.state.fl.us/beaches or by telephoning [phone]. The application can include one or more of the activities that qualify for a General Permit under this Chapter.

(a) through (c) No change.

(2) through (4) No change.

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(18), 161.0535, 161.121 FS. History–New 3-27-03, Amended 11-21-05,     .

 

62B-34.040 Application Fees and Information Requirements.

(l) Each application for a permit or for a change in permit status to be considered by the Department pursuant to Section 161.053, F.S., or this Chapter shall be accompanied by a fee. Monies from fees assessed pursuant to this Chapter shall be deposited into the Florida Permit Fee Trust Fund. The fee to process an application for a General Permit under Rule 62B-34.060, F.A.C., is $300. The fee to process an application for a General Permit under Rule 62B-34.070, F.A.C., is $500. The fee shall be in the form of a check made payable to the Department. Fees assessed pursuant to this rule are non-refundable, except fees received for an activity that is exempt or fee payments in excess of the amount required by this rule chapter.

(a) For applications for one activity or structure the fee schedule shall be as assessed below:

1. Minor Structures: $100.

2. Dune Restoration: $100.

3. Non-habitable Major Structures: $300.

4. Swimming Pools: $300.

5. Single-Family Dwellings: $500.

6. Minor Reconstruction of Armoring: $300.

(b) For applications which include one or more of the general permit activities, the fee shall be the higher of the fees listed under subparagraphs 62B-34.040(1)(a)1. through 6., F.A.C., and shall not exceed $500.

(2) In order to demonstrate that the proposed project qualifies for the requested General Permit, the completed application required by Rule 62B-34.030, F.A.C., shall include the information below and any additional information specific to the type of General Permit requested as provided in Part II of this rule Cchapter:

(a) through (f) No change.

(g) ATwo copies of a dimensioned site and grading plan and a cross sectional drawing drawn to a scale no smaller than 1'' = 30'. The drawings shall be signed and sealed by a registered professional an architect, engineer, landscape architect, or surveyor, as appropriate, licensed in the state of Florida, and shall show:

1. through 9. No change.

10. Plans for coastal armoring activities, which shall be signed and sealed by an engineer licensed in the State of Florida.

(h) No change.

(i) Two copies of Ddetailed planting plans, including a plant list (with both scientific and common names), the location of proposed plant species, and the location of the existing plant species to be removed. Planting plans shall comply with the requirements set forth in subsection 62B-34.070(5), F.A.C.

(j) No change.

(k) The Department recognizes that all the informational requirements specified in paragraphs 62B-34.040(2)(f), (g), and (i), F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure consistency with the siting or reconstruction criteria of subsections 62B-34.055(2), 62B-34.060(2), and 62B-34.070(2), 62B-34.080(2), 62B-34.085(2), and 62B-34.090(2), F.A.C. 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 not apply.

Rulemaking Authority 161.053(18), (20), 161.0535 FS. Law Implemented 161.053(18), 161.0535 FS. History–New 3-27-03, Amended 11-21-05,      .

 

62B-34.050 General Conditions.

(1) through (12) No change.

(13) No construction, operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure within marine turtle nesting habitat during marine turtle nesting season (May 1 through October 31 of each year for all counties except for Brevard, Indian River, St. Lucie, Martin, Palm Beach and Broward. Nesting season for these counties is the period from March 1 through October 31 of each year).

(14) All fill material placed seaward of the Coastal Construction Control Line shall meet the requirements of subsection 62B-33.005(7), F.A.C., and shall consist of be sand that is similar to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign matter, and shall be obtained from a source landward of the Coastal Construction Control Line. A “Sediment Quality Assurance/Quality Control (QA/QC) Plan” shall be developed and implemented for dune restoration projects placing more than 700 cubic yards of sand to ensure that the sand meets the criteria of subsection 62B-33.005(7), F.A.C.

(15) through (18) No change.

(19) Elevated walkovers that provide access to the beach shall meet the following design criteria:

(a) through (d) No change.

(e) The optimum siting of the walkover structure shall be determined by the staff representative during the pre-construction conference to provide maximum protection to the existing dune topography and vegetation located on the site and to avoid interference with public beach access and nesting sea turtles.

(20) Sand fencing used in dune restoration projects shall be located no farther seaward than the toe of the restored dune and shall consist of either wooden slats wired together with space between the slats or woven fabric fencing. The fencing must contain a 40 percent to 60 percent open space to closed space ratio. Sand fencing shall be a minimum of two feet to a maximum of four feet high. Sand fencing located seaward of the crest of the primary dune shall not be placed in a shore-parallel configuration and shall be designed and installed as follows: a maximum of 10-foot long spurs of sand fencing spaced at a minimum of seven feet on a diagonal alignment (facing the predominate wind direction) for the shore-parallel coverage of the subject property as shown in the diagram below. Fallen or derelict sand fencing shall be removed from the beach when replacing with new fencing. The duration for all permits is two years.

(21) Final certification, by a registered professional an engineer or architect licensed in the state of Florida, shall be provided to the Department within thirty (30) days following completion of the work on major structures or projects requiring a Sediment QA/QC Plan. Final certification, by an engineer licensed in the State of Florida, shall be provided to the Department within 30 days of completion of the work on armoring. This certification shall state that all locations and elevations specified by the permit have been verified,; all major structures, including exterior lighting, are specifically constructed in accordance with Chapter 62B-34, F.A.C.,; 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 certification shall not relieve the permittee of the provision contained in subsection 62B-34.050(6), F.A.C. The final certification shall be submitted using DEP Form 73-115B (Updated 7/05), entitled “Final Certification”, which is hereby incorporated by reference.             

Rulemaking Authority 161.053(18), (20), 161.054 FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05,       .

 

PART II GENERAL PERMITS

62B-34.055 Minor Structures.

(1) Applicability. Minor structures shall qualify for a General Permit, subject to the criteria and conditions set forth in this Chapter.

(2) Siting. The seaward limit of construction for minor structures allowed under this rule shall be as follows:

(a) Dune walkover structures, beach stairs, and flexible on-grade walkways required to provide beach access shall extend no more than 10 feet seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward. Unroofed decks attached to and cantilevered no more than two feet from the walkover structure shall be located landward of the frontal dune crest or bluff, or coastal armoring, whichever is most landward.

(b) Lifeguard stations shall be located as far landward as practicable and shall be allowed seaward of the vegetation line, the toe of the frontal dune, or coastal armoring, whichever is most seaward, provided that the following conditions are met: The structure is no larger than 144 square feet in floor area with support posts no larger than eight inches by eight inches that are not encased in concrete, the structure has three feet of vertical clearance beneath the lowest level platform and at least seven feet of horizontal clearance between the supports where they meet the beach, and the area below the platform is not enclosed.

(c) Single-level decks or similar unenclosed and unroofed, elevated, wooden, or other lightweight structures shall be sited a minimum distance of 30 feet landward of the frontal dune crest or bluff or coastal armoring, whichever is most landward, and shall not exceed 144 square feet in floor area.

(d) The following minor structures shall be sited either landward of a major road or no farther than 20 feet seaward of the General Permit Line: viewing platforms, gazebos, boardwalks, sidewalks, single-family dwelling driveways, equipment pads, privacy fences and other frangible walls no more than six feet in height, aviaries, other ornamental construction, unroofed wooden or other lightweight decks attached to existing buildings, and water and irrigation wells.

(e) Except for the minor structures described in paragraphs 62B-34.055(2)(a) through (d), F.A.C., minor structures shall be sited no farther seaward than the General Permit line, major road, second line of construction, or the seaward limits allowed under Rule 62B-34.080, F.A.C.

(3) Prohibitions and Limitations. Minor structures authorized by this General Permit shall be subject to the following prohibitions and limitations:

(a) Construction activities and structures shall not:

1. Interfere with public access as defined in Section 161.021(1), F.S.

2. Direct storm water discharges onto the beach or into dunes.

3. Result in net excavation of sandy material on the site. Only minor temporary excavation, including that required for the installation of foundations, shall be allowed, provided such excavation does not result in the lowering of the average existing grade elevation in the immediate project area.

4. Result in more than two feet of vertical fill placement.

5. Result in more than 200 cubic yards of fill placement.

(b) No work constructed under this General Permit may be part of a phased development or combined with other general permits or exemptions where the combination of activities to be conducted exceed the thresholds in this chapter.

(c) Unless the structure is constructed landward of the General Permit Line, a major road, or second line of construction, no construction, alteration, operation, maintenance, removal, or abandonment of any new structure under this General Permit, by itself or in combination with any other activity conducted pursuant to this Chapter and Chapter 62B-33, F.A.C., may cumulatively result in any of the following:

1. Damage to more than 600 square feet of dune vegetation; or

2. A total of more than 1,000 square feet of impervious and semi-impervious surface areas.

(d) No walls are allowed in the shore-parallel direction.

(4) All lighting associated with minor structures shall follow the standards set forth in the Department of Environmental Protection Marine Turtle Lighting Standards under subsection 62B-34.070(4), F.A.C.

(5) All planting and vegetation removal activities associated with the construction of a minor structure pursuant to this General Permit shall follow the standards set forth in the Coastal Construction Control Line Planting Standards under subsection 62B-34.070(5), F.A.C.

(6) The General Permit for minor structures are valid for one year from date of issuance. No time extensions are available for this permit.

Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New­­­­­­­         .

 

62B-34.060 Non-Habitable Major Structures and Associated Minor Structures or Activities. Including Swimming Pools at Single-Family Dwellings.

(1) Applicability. The following activities shall qualify be eligible for a General Permit subject to the criteria and conditions set forth in this rule:

(a) New construction of non-habitable major structures including a swimming pool associated with a single-family dwelling, Swimming pools are not eligible for a General Permit pursuant to Section 161.053(18), F.S.

(b) through (c) No change.

(d) Minor structures and activities associated with a proposed non-habitable major structure.

(2) Seaward Limit of Construction. Activities in paragraphs 62B-34.060(1)(a) through (c), F.A.C., shall be sited landward of the 30-year erosion projection as determined in accordance with the methodology established in Rule 62B-33.024, F.A.C., and landward of any of the following:

(a) The General Permit Line shall establish the seaward limit of construction if the line is defined in Part III of this rule Cchapter, or.

(b) If the General Permit Line is not defined in Part III of this rule chapter, Tthe proposed construction activities shall be sited situated landward of a major road or the second line of construction, or;

(c) If the General Permit Line is not defined in Part III of this rule chapter and Tthe proposed construction activities are not shall be sited situated landward of a major road or the second line of construction, the seaward limits of construction activities allowed under paragraphs 62B-34.060(1)(a) through (d), F.A.C., shall be determined by the 62B-34.080(2)(a) through (d), F.A.C. following criteria:

1. Construction shall remain a minimum of 25 feet landward of the primary dune feature.

2. Construction shall remain a minimum of 50 feet landward of the top of the bluff, with a bluff height greater than 15 feet.

3. Construction shall remain a minimum of 100 feet landward of the vegetation line, where the profile does not have certified armoring, a primary dune, or a bluff greater than 15 feet high.

4. Construction shall remain a minimum of 250 feet landward of the Erosion Control Line or a minimum of 250 feet landward of the Mean High Water Line, whichever is greater, where conditions contained in this rule, subparagraphs 62B-34.060(2)(a)1., 2., and 3., F.A.C., do not exist.

(d) No construction shall extend seaward of the General Permit Line or the first line of construction, except for elevated walkovers that provide access to the beach and that meet the design criteria contained in subsection 62B-34.050(19), F.A.C. If no General Permit Line has been established and no line of construction exists or can be determined, the proposed activity does not qualify for a General Permit.

(e) No construction shall extend seaward of the thirty-year erosion projection, except for elevated walkovers. The thirty-year erosion projection shall be made in accordance with the procedures stipulated in Rule 62B-33.024, F.A.C.

(f) No construction shall extend seaward of a point 25 feet landward of the existing armoring, except for elevated walkovers.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.060(1)(a) through (c)(d), F.A.C., shall be subject to the following prohibitions and limitations:

(a) New, rebuilt, or additions to existing garages and swimming pools associated with multifamily dwellings are not eligible for this General Permit.

(a) renumber (b) No change.

(b) New construction of decks and additions to decks shall be limited to a total area of 1,500 square feet in size, except for elevated walkovers providing access to the beach. New or expanded decks shall be sited at or landward of the seaward limit of construction established by subsection 62B-34.060(2), F.A.C.

(c) The total volume of fill material shall not exceed 700 cubic yards. Except where situated landward of a major road or landward of the second line of construction, new non-habitable major structures, and the combined dimensions of any existing single family dwellings, additions, decks, and other non-habitable major structures shall be limited to the following:

1. A total footprint of 6,300 square feet, and

2. A total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel measured at the maximum shore-parallel coverage of the construction authorized under this rule chapter.

(d) Swimming pools shall be elevated either fully above the existing grade or the bottom of the pool shall be no more than two feet below existing grade to minimize excavation.

1. There shall be no net excavation of sandy soils in the immediate vicnity of the pool. All excavated sandy soils shall remain seaward of the control line underneath the pool deck and within the immediate area of the pool.

2. Fill below pool decks shall be placed on a stable angle of repose to avoid the need for retaining walls.

(e) All structures authorized under this General Permit that are sited in accordance with paragraph 62B-34.060(2)(c), F.A.C., shall comply with the size limitations set forth in subsection 62B-34.080(3), F.A.C.

(d) through (e) renumber (f) through (g) No change.

(4) The General Permit shall be valid for two years from date of issuance. No time extension is available for this permit.

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10            .

 

62B-34.070 Single-Family Dwellings and Associated Minor Structures or Activities.

(1) Applicability. The following activities qualify shall be eligible for a General Permit, subject to the criteria and conditions set forth in Chapter 62B-34, F.A.C.:

(a) No change.

(b) Minor structures and activities associated with a proposed single-family dwelling.

(c) renumber (b) No change.

(c)(d) Additions to an existing single-family dwelling in the landward or shore-parallel direction, provided the additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in subsectionparagraph 62B-34.080(3)070(3)(c), F.A.C.

(d)(e) Additions to an existing single-family dwelling in the seaward direction, provided:

1. No change.

2. The additions do not cause the footprint area and shore-parallel coverage of the combined existing structure and additions to exceed those dimensional limitations set forth in this rule subsections 62B-34.070(3) and 62B-34.080(3), F.A.C.

(2) Seaward Limit of Construction. Activities in paragraphs 62B-34.070(1)(a) through (d), F.A.C., shall be sited landward of the 30-year erosion projection as determined in accordance with the methodology established in the Rule 62B-33.024, F.A.C., and landward of any of the following:

(a) The General Permit Line shall establish the seaward limit of construction if the line is defined in Part III of this rule Cchapter, or.

(b) If the General Permit Line is not defined in Part III of this rule chapter, Tthe proposed construction activities shall be sited situated landward of a major road or the second line of construction, or.

(c) If the General Permit Line is not defined in Part III of this rule chapter and Tthe proposed construction activities are not shall be sited situated landward of a major road or the second line of construction, the seaward limits of construction activities allowed under paragraphs 62B-34.070(1)(a) through (e), F.A.C., shall be determined by the following criteria: paragraphs 62B-34.080(2)(a) through (d), F.A.C.

1. Construction shall remain a minimum of 25 feet landward of the primary dune feature.

2. Construction shall remain a minimum of 50 feet landward of the top of the bluff, with a bluff height greater than 15 feet.

3. Construction shall remain a minimum of 100 feet landward of the vegetation line, where the profile does not have certified armoring, a primary dune, or a bluff greater than 15 feet high.

4. Construction shall remain a minimum of 250 feet landward of the Erosion Control Line or a minimum of 250 feet landward of the Mean High Water Line, whichever is greater, where conditions contained in subparagraphs 62B-34.070(2)(c)1., 2., and 3., F.A.C., do not exist.

(d) No construction shall extend seaward of the General Permit Line or the first line of construction, except for elevated walkovers that provide access to the beach and that meet the design criteria contained in subsection 62B-34.050(19), F.A.C. If no General Permit Line has been established and no line of construction exists or can be determined, the proposed activity does not qualify for a General Permit.

(e) No construction shall extend seaward of the 30-year erosion projection, except for elevated walkovers provising access to the beach. The 30-year erosion projection shall be made in accordance with the procedures stipulated in Rule 62B-33.024, F.A.C.

(f) No construction shall extend seaward of a point 25 feet landward of the existing armoring, except for elevated walkovers.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.070(1)(a) through (d)(e), F.A.C., shall be subject to the following prohibitions and limitations:

(a) Excavation shall be limited to the installation of or repairs to subgrade residential service utilities (e.g., water and sewer lines, septic tanks and drainfields, gas and electrical lines, and electrical cable television and telephone cables). Minor temporary excavation shall be allowed that does not result in the lowering of existing general ground elevations. This does not preclude temporary excavation for the installation of foundations.

(b) The total volume of fill material shall not exceed 700 cubic yards. New construction of decks associated with new or existing single family dwellings shall be limited by this General Permit to a total area of 1,500 square feet, except for elevated walkovers providing access to the beach. New or expanded elevated decks authorized by this General Permit shall be sited landward of the seaward limit of construction established by subsection 62B-34.070(2), F.A.C.

(c) All structures authorized under this General Permit that are sited in accordance with paragraph 62B-34.070(2)(c), F.A.C., shall comply with the size limitations set forth in subsection 62B-34.080(3), F.A.C. Except where situated landward of a major road or landward of the second line of construction, the total dimensions and coverage of single-family dwellings, additions, and other non-habitable major structures shall be limited to the following:

1. New single-family dwellings and the combined dimensions of other major structures shall be limited to:

a. A total footprint area of 6,300 square feet, and

b. A total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the maximum shore-parallel coverage of the construction authorized under this General Permit.

2. Rebuilt single-family dwellings and the combined dimensions of other major structures shall be limited to:

a. A total footprint area less than or equal to the existing footprint, or a total footprint area of 6,300 square feet, and

b. A total shore-parallel coverage equal to or less than the existing, or up to a total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the seaward limit of the construction authorized under this General Permit.

3. Additions to existing single-family dwellings shall not exceed the shore-parallel dimensions of the existing single-family dwelling above 65 percent. The combined footprint of the additions, the existing single-family dwelling, and other non-habitable major structures shall not exceed 6,300 square feet.

(4) Turtle Protection Requirements. All work authorized by this General Permit shall meet the following turtle protection requirements:

(a) All non-opaque walls, balcony railings, deck railings, windows and glass doors on the seaward and shore-perpendicular sides of any new dwellings or additions shall be tinted to a transmittance value (light transmission from inside to outside) of 45% percent or less through the use of tinted glass or window film or screens.

(b) The following types of lighting are authorized under this General Permit. Any departure or deviation from these lighting requirements shall constitute a violation of this General Permit. All exterior lights shall be recessed or otherwise designed and located so as not to be directly or indirectly visible from the beach. All exterior lights shall be lamped with a long wavelength light sourcelamps greater than 560580 nanometers and absent short wavelengths below 560 nanometers such as red or amber LED and Turtle Safe Lighting coated, compact fluorescent lamps with a maximum output of 480 lumens each.

1. through 3. No change.

(c) No change.

(d) All pool lighting shall utilize amber or red LED lamps.

(d) through (e) renumber (e) through (f) No change.

(5) No change.

(6) The General Permit for single-family dwellings shall be valid for two years from date of issuance. No time extension is available for this permit.

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.052, 161.053(4), (18), (21) FS. History–New 3-27-03, Amended 11-21-05, 4-7-10,           .

 

62B-34.080 Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings Independent of a General Permit Line, or Second Line of Construction or Major Road.

(1) Applicability. The activities described in subsections 62B-34.060(1) and 62B-34.070(1), F.A.C., qualify for a General Permit, subject to the criteria and conditions set forth in this Chapter. In addition to the criteria below, proposed structures and activities shall meet all other applicable provisions of Chapter 62B-34, F.A.C.

(2) The seaward limit of construction activities allowed under this section shall be determined by satisfying all of the following criteria:

(a) The proposed structures shall remain landward of the first line of construction.

(b) The proposed structures shall remain landward of the 30-year erosion projection as determined in accordance with the methodology established in the Rule 62B-33.024, F.A.C.

(c) If there is no armoring on the parcel where the structure is proposed, the seaward limits of construction shall be:

1. A minimum of 25 feet landward of the primary dune feature.

2. A minimum of 50 feet landward of the top of the bluff, with a bluff height greater than 15 feet.

3. A minimum of 100 feet landward of the vegetation line, where the profile does not have certified armoring, a primary dune, or a bluff greater than 15 feet high.

4. A minimum of 250 feet landward of the Erosion Control Line or a minimum of 250 feet landward of the Mean High Water Line, whichever is more landward, where conditions contained in subparagraphs 62B-34.080(2)(c)1. through 3., F.A.C., do not exist.

(d) If there is armoring on the parcel where the structure is proposed:

1. The proposed structures shall be sited landward of any existing tie-back or anchoring system of the armoring, or a sufficient distance landward of the armoring to allow for future maintenance or repair of the armoring structure, whichever is more landward, if the armoring is certified by an engineer licensed in the State of Florida or where the Department determines to provide protective value from a 15-year or greater return interval storm event; or

2. The proposed structures shall be sited to meet the criteria specified under subparagraphs 62B-34.080(2)(c)1. through 4., F.A.C., if the armoring does not provide protective value from a 15-year or greater return interval storm event.

(3) The total dimensions and coverage of structures sited using the siting criteria of this section shall be limited to the following:

(a) New structures and the combined dimensions of other major structures and decks shall be limited to:

1. A total footprint area of 6,300 square feet, and

2. A total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the maximum shore-parallel coverage of the construction authorized under this General Permit.

(b) Rebuilt structures and the combined dimensions of other major structures and decks shall be limited to:

1. A total footprint area less than or equal to the existing footprint area, or a total footprint area of 6,300 square feet, and

2. A total shore-parallel coverage equal to or less than the existing coverage, or up to a total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the seaward limit of the construction authorized under this General Permit.

(c) Additions to existing structures shall not exceed the limitations set forth in paragraph 62B-34.080(3)(a), F.A.C.

(d) New construction of decks associated with new or existing single-family dwellings shall be limited by this General Permit to a total area of 1,500 square feet.

(4) Other prohibitions and limitations using siting criteria for activities listed under subsection 62B-34.060(1), F.A.C., are set forth in paragraphs 62B-34.060(3)(a) through (g), F.A.C.

(5) Other prohibitions and limitations using the siting criteria for activities listed under subsection 62B-34.070(1), F.A.C., are set forth in subsections 62B-34.070(3), (4), and (5), F.A.C.

Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New    .

 

62B-34.085 Minor Reconstruction of Existing Coastal Armoring Structures.

(1) Applicability. Minor reconstruction of existing coastal armoring structures qualifies for a General Permit subject to the criteria and conditions set forth in this Chapter.

(2) Minor reconstruction shall be limited to the repair of an existing functional, and intact armoring structure which is necessary to maintain the structural and functional integrity of the structure as originally constructed and includes the following:

(a) The repair or replacement of caps.

(b) The repair or replacement of anchoring systems landward of the armoring.

(c) The repair or replacement of return walls.

(d) The repair or replacement of individual sheet piles, walers, posts, and planks.

(e) The replacement of individual armor or chink stones over sloping rock revetments.

(f) The placement of sand landward of existing armoring meeting the requirements of Chapter 62B-33, F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.085(2)(a) through (e), F.A.C., shall be subject to the following prohibitions and limitations:

(a) The minor reconstruction shall not result in a seaward advancement or increase the level of protection of the existing armoring as originally constructed.

(b) Cap repairs and replacement shall not result in an increase of the elevation of the top of the structure as originally constructed.

(c) The minor reconstruction shall not result in net excavation of sandy material on the site.

(d) The unit weight of armor stone placed on rock revetments shall be no less than 135 pounds per cubic foot.

(e) The minor reconstruction of a rock revetment shall not result in an increase of the footprint of the revetment as originally constructed. Scattered or dislodged rocks shall be removed or restacked within the footprint of the existing structure. The seaward slope shall be no steeper than 1V:2H, and the crest elevation shall not be increased over the original construction.

(4) The General Permit for minor reconstruction of existing armoring shall be valid for one year from date of issuance. No time extensions are available for this permit.

Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS. History–New       .

 

62B-34.090 Dune Restoration.

(1) Applicability. The following dune restoration activities qualify for a General Permit subject to the criteria and conditions set forth in this rule:

(a) Placement of sand on an eroded or damaged dune or dune bluff,

(b) Planting native vegetation on the dune, and

(c) Installation of sand fencing.

(2) Siting. The seaward limit of dune restoration activities shall be as follows:

(a) Dune restoration shall be aligned with the seaward limits of the dune system present within the immediate project vicinity.

(b) If there is no dune system, then the dune restoration shall be landward of the vegetation line in the project vicinity.

(c) If conditions (a) and (b), above, do not exist or cannot be met, an individual permit is required under Chapter 62B-33, F.A.C.

(3) Prohibitions and Limitations. Activities in paragraphs 62B-34.090(1)(a) through (c), F.A.C., shall be subject to the following prohibitions and limitations:

(a) Dune restoration shall be limited to the one-time placement of sand and shall not be part of a larger restoration plan seaward of the Coastal Construction Control Line that requires authorization under Chapter 62B-33, F.A.C.

(b) Proposed sand shall be similar to the existing or native sand on the beach and dune system and shall meet the criteria specified in Chapter 62B-33, F.A.C.

(c) Proposed sand shall be obtained from a source landward of the Coastal Construction Control Line.

(d) No excavation is authorized seaward of the Coastal Construction Control Line.

(e) The fill quantity shall not exceed seven cubic yards per linear foot.

(f) Dune height shall not exceed the approximate crest elevation of the existing or pre-damaged dune system in the immediate area.

(g) The seaward slope of a restored frontal dune shall not be steeper than three horizontal feet to one vertical foot.

(h) This General Permit does not authorize the creation of new beach access points. The construction site must be accessed through an established beach access point or through an approved upland property, taking special care to avoid damaging vegetated areas seaward of the Coastal Construction Control Line. Construction shall not obstruct or interfere with any existing public beach access.             

(i) Planting under this General Permit shall consist of a minimum of three species of salt tolerant beach dune vegetation native to the plant communities of the area. Plantings must comply with the requirements in subsection 62B-34.070(5), F.A.C.

(j) Sand fencing that exceeds 500 feet in length in the shore-parallel direction is not allowed under this General Permit.

(k) Sand fencing on sandy beaches in Brevard County through Monroe County (Southeast Coast) and Manatee County through Collier County (Southwest Coast) is not allowed under this General Permit.             

(l) Dune restoration activities as set forth in Chapter 62B-56, F.A.C, are not allowed under this General Permit.

(4) The General Permit for dune restoration shall be valid for one year from date of issuance. No time extension is available for this permit.

Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (6), (18) FS. History–New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alex Reed, Director, Division of Water Resource Management

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 19, 2017