The purpose and effect of the proposed revision to Rule 40D-400.475, Florida Administrative Code (F.A.C.), is to delete the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this Noticed General Permit. These threshold ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-400.475: General Permit for Minor Activities
PURPOSE AND EFFECT: The purpose and effect of the proposed revision to Rule 40D-400.475, Florida Administrative Code (F.A.C.), is to delete the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this Noticed General Permit. These threshold requirements are included in revisions the District is proposing to Rule 40D-4.051, F.A.C., to create a new environmental resource permitting (ERP), exemption for minor activities. The effect of the amendments to Rule 40D-400.475, F.A.C., together with the amendments of Rules 40D-4.051 and 40D-4.021, F.A.C., will allow the regulated public to conduct minor activities that the District has determined have minimal individual or cumulative impacts to the water resources without applying to the District for confirmation that a proposed activity qualifies for either an exemption or NGP and paying the applicable fee.
SUMMARY: The proposed revision to Rule 40D-400.475, Florida Administrative Code (F.A.C.), deletes the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this Noticed General Permit. These threshold requirements are included in revisions the District is proposing to Rule 40D-4.051, F.A.C., to create a new environmental resource permitting (ERP), exemption for minor activities. The District is also proposing to amend Rule 40D-4.021, F.A.C., to add a definition of “semi-impervious” to clarify the types of surfaces that will contribute to the new exemption threshold area. The new exemption will include activities that involve less than 4,000 square feet of impervious or semi-impervious surface subject to vehicular traffic in uplands and activities that involve less than 9,000 square feet of total impervious or semi-impervious surface in uplands.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule revisions will add an additional ERP exemption that should reduce the number of case-by-case exemption determinations and exempt some activities that would otherwise require a Noticed General Permit. There will be no increase in the number of individuals or entities required to obtain an Environmental Resource Permit (ERP) and certain Noticed General Permit applicants could instead avail themselves of the proposed exemption. The proposed rule revisions should reduce the District’s processing costs for Noticed General Permits and case-by-case exemption confirmations and should not result in any increases in implementation and enforcement costs or reductions in revenues to state or local governments. There will be no increase in transactional costs and those who can avail themselves of the new exemption will save a minimum of $100 to $250 in transaction costs. There will be no adverse impacts on small businesses, cities or counties. Small businesses, cities and counties will benefit from the same transaction cost reductions as other entities and individuals if they qualify for the proposed exemption.
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: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.413, 373.414, 373.416, 373.419 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone [phone], ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to [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: Barbara Martinez, Sr. Administrative Assistant, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4660 (OGC #2009059)

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-400.475 General Permit for Minor Activities.

(1) A general permit is hereby granted for the construction, alteration, maintenance, operation, abandonment and removal of the following minor systems:

(a) Piling supported structures of less than 1,000 square feet over wetlands or other surface waters which are not designated Outstanding Florida Waters;

(b) Piling supported structures of less than 500 square feet over wetlands or other surface waters in an Outstanding Florida Water;

(c) Dredging or filling of less than 100 square feet of wetlands or other surface waters; or

(d) Less than 4,000 square feet of impervious surface in uplands, that is subject to vehicular traffic such as roads, parking lots and driveways and less than 9,000 square feet total of impervious surface in uplands;

(d)(e) Maintenance dredging of 50 cubic yards or less of material from surface waters other than wetlands; provided the dredged material is placed in uplands and turbidity control measures are employed to prevent return water from causing a violation of water quality standards; or

(e)(f) A single family residence that is not part of a larger plan of common development proposed by the applicant, including the associated residential improvements such as a driveway, garage and an on-site sewage disposal system, provided:

1. This paragraph shall not apply to property which was part of a tract of land that was divided into two or more parcels after July 1, 1994;

2. This paragraph shall not apply to construction or alteration in surface waters other than isolated wetlands or any wetlands in an Area of Critical State Concern;

3. Dredging and filling of isolated wetlands shall be limited to only those areas required for siting the portions of the residence and associated residential improvements which cannot be sited in uplands because there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which the residence and associated residential improvements can be located. On-site sewage disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such disposal system can be located. For the purposes of this paragraph, “unrestricted area of uplands” means an area of uplands which is not restricted by easement, deed restriction, local government regulation, or similar restriction which would prevent the activities authorized under this paragraph and which is configured such that all or part of the residence and associated residential improvements can be constructed in the uplands. An area of uplands will only be considered restricted if all available variance or waiver procedures have been exhausted; and

4. The total area of dredging or filling in isolated wetlands for the residence and associated residential improvements shall not exceed 4000 square feet; and the total area of clearing in wetlands (including the dredging and filling for the residence and associated residential improvements) shall not exceed 6000 square feet on the contiguous property owned by the applicant.

(2) through (7) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History–New 10-3-95, Amended 2-19-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: H. Clark Hull, Jr., ERP Program Director, Resource Regulation
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 16, 2010