To increase each permit application fee authorized under Part IV of Chapter 373, Florida Statutes, (F.S.), to require a minimum fee of $250 for a Noticed General Permit or Individual permit, to require a minimum fee of $100 for verification that an ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.607: Permit Processing Fee
PURPOSE AND EFFECT: To increase each permit application fee authorized under Part IV of Chapter 373, Florida Statutes, (F.S.), to require a minimum fee of $250 for a Noticed General Permit or Individual permit, to require a minimum fee of $100 for verification that an activity is exempt from regulation under Section 403.813, F.S. or Part IV of Chapter 373, F.S., and to provide for the periodic adjustment of those fees, in accordance with the requirements of Section 373.109, F.S.
SUMMARY: Legislation enacted in 2008 amended Section 373.109, F.S., requiring certain minimum fees, the adjustment of application fees and the periodic adjustment of those fees authorized under Part IV of Chapter 373, F.S.
Full implementation of the new provisions required the Department of Environmental Protection (DEP) to delegate its authority under the new provisions to the water management districts. The Department’s amended rules delegating its authority under 373.109, F.S., and revising its fees became effective April 21, 2009. The proposed revisions to the fees were developed using the Consumer Price Index for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor based on the date each of the fees were originally established or last amended. The proposed rule includes these fees, as well as the new $250.00 minimum fee for Noticed General Permits and the new $100.00 minimum fee for verification that an activity is exempt from permitting. The proposed rule language also establishes the inflation index used for the revisions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The proposed rule implements application fee increases for Environmental Resource Permit (ERP) applications mandated by the legislature. The Southwest Florida Water Management District (District) processes approximately 3,200 ERP applications per year that require the payment of an application fee. In order of application frequency, the activities covered by the permits are: commercial and industrial buildings; single family residential and residential subdivisions; county, state and city projects; and multi-family residential. The increased fees will have no significant impact to costs to the District. State and local governments will not incur any costs in implementing or enforcing the proposed rule but will incur the costs of the fee increases for projects they undertake requiring ERP applications. Current application fees range from $0 to $2,500. Proposed fees range from $100 to $4,550. Small businesses, small counties and small cities will incur the increased costs of the applications fees. Approximately 99% of businesses in the District are small businesses. Small counties and small cities may apply for application fee reductions. No impacts to state or local revenues are anticipated.
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, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.109, 373.421(2) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: [e-mail], or Office of General Counsel, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) Environmental Resource or Management and Storage of Surface Waters Permit Applications.

(a) The fee for a permit application for activities reviewed pursuant to Chapters 40D-4, 40D-40, and 40D-400, F.A.C., are as follows:

1. Application for Conceptual Permit	$4,550.00 $2500.00 $2,275.00 $1250.00 $4,550.00 $2500.00 $3,861.00 $3300.00   $2,275.00 $1250.00 $2,912.00 $1600.00   $1,456.00 $800.00 $364.00 $200.00   $182.00 $100.00   $1,456.00 $800.00     $728.00 $400.00       $316.00 $200.00     $158.00 $100.00       $250.00 $100.00
2. Application for Conceptual Permit Modification
3. Application for Individual Permit
4. Application for Individual Permit and General Permit for Incidental Site Activities 5. Application for Individual Permit Modification
6. Application for General Permit pursuant to Chapter 40D-40, F.A.C.
7. Application for General Permit Modification
8. Application for General Permit for Minor Surface Water Systems
9. Application for General Permit for Minor Surface Water System Modification
10. Application for General Permit for an activity which has less than 10 acres of project area and impacts 5,000 square feet or less of wetlands or other surface waters
11. Application for permit modification for an activity which has less than 10 acres of project area and impacts 5,000 square feet or less of wetlands or other surface waters
12. Application for general permit for a public highway project which has less than 10 acres of project area and has less than two acres of new impervious surface area
13. Application for permit modification for a public highway project which has less than 10 acres of project area and has less than two acres of new impervious surface area
14. Application for a noticed general permit pursuant to Chapter 40D-400, F.A.C.

 

(b) The fees for permit applications concerning the establishment and operation of a mitigation bank under Chapter 40D-4, F.A.C., are as follows:

 

1. Individual Mitigation Bank Permit	$3,632.00 $2500.00 $1,816.00 $1250.00 $3,632.00 $2500.00 $1,816.00 $1250.00 $91.00 $50.00
2. Individual Mitigation Bank Permit Modification
3. Mitigation Bank Conceptual Permit
4. Mitigation Bank Conceptual Permit Modification
(c) Transfer of Permit to another entity
(d) Verification that an activity is exempt from regulation under Part IV of Chapter 373, F.S. or Section 403.813, F.S.	$100.00

 

(2) Application fees for proprietary authorization under Chapters 253 and 258, F.S., are in accordance with the fee schedule provided in Chapter 18-21, F.A.C.

(3) The following types of applications are exempt from the fees identified in subsection (1):

(a) APPLICATIONS FOR PERMITS OR PERMIT MODIFICATIONS WHICH INVOLVE:

1. Less than one-half acre of new project area for non-agricultural projects or less than ten acres of new project area for agricultural projects; and

2. No new impacts to wetlands or surface waters or new impacts only to those wetlands less than one-half acre in size, unless such wetlands are regulated pursuant to Chapter 40D-4, 40D-40 or 40D-400, F.A.C.

(b) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form authorized pursuant to paragraph 40D-4.331(2)(b) or subsection 40D-40.331(2), F.A.C.

(c) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, provided the same type of application with a substantially similar design is resubmitted.

(d) CONCURRENTLY SUBMITTED APPLICATIONS: Any construction permit application submitted concurrently with a conceptual permit application, where the construction application represents a portion of the conceptual permit application.

(e) SINGLE FAMILY DWELLING UNITS: Applications for Chapter 40D-40, F.A.C., General or paragraph 40D-400.475(1)(f), F.A.C., Noticed General Permits for construction of a single family dwelling unit involving wetlands that is not part of a larger common plan of development or sale proposed by the applicant.

(f) OPERATION PERMITS: Applications for operation permits submitted in conjunction with a construction permit for the same surface water management system.

(4) For projects grandfathered pursuant to Section 373.414, F.S., the conceptual, individual or general surface water management permit application fee shall be the same as the conceptual, individual or general environmental resource permit application fees listed in this subsection.

(5) For projects grandfathered pursuant to Section 373.414, F.S., the wetland resource (dredge and fill) permit application fee shall be as follows:

(a) Dredge and fill construction projects up to and including 5 years:

1. Standard form projects including dredge and fill activities that affect 10 or more acres of jurisdictional area, pursuant to Rule 62-312.070, F.A.C.	$6,138.00 $4000.00     $767.00 $500.00
2. Short form construction projects including dredging and filling activities that affect less than 10 acres of jurisdictional area, pursuant to paragraph 62-312.070(2)(a), F.A.C.

 

3. Short form construction projects involving the construction of new docking or boardwalk facilities, pursuant to paragraph 62-312.070(2)(b), F.A.C., that provide:

 

a. 0-2 new boat slips	$460.00 $300.00 $767.00 $500.00     $4,604.00 $3000.00   $9,208.00 $6000.00 $10,742.00 $7000.00 $12,277.00 $8000.00 $13,811.00 $9000.00 $15,346.00 $10,000.00 $16,880.00 $11,000.00 $18,415.00 $12,000.00 $19,950.00 $13.000.00 $21,484.00 $14,000.00 $23,019.00 $15,000.00 $24,553.00 $16,000.00 $26,088.00 $17,000.00 $27,623.00 $18,000.00 $29,157.00 $19,000.00 $30,692.00 $20,000.00 $32,226.00 $21,000.00 $33,761.00 $22,000.00 $35,296.00 $23,000.00 $36,830.00 $24,000.00 $38,365.00 $25,000.00
b. 3-9 new boat slips
(b) Dredge and fill construction permits in excess of 5 years:
1. Short form permits from 6 years up to and including 10 years
2. Standard form permits for 6 years
3. Standard form permits for 7 years
4. Standard form permits for 8 years
5. Standard form permits for 9 years
6. Standard form permits for 10 years
7. Standard form permits for 11 years
8. Standard form permits for 12 years
9. Standard form permits for 13 years
10. Standard form permits for 14 years
11. Standard form permits for 15 years
12. Standard form permits for 16 years
13. Standard form permits for 17 years
14. Standard form permits for 18 years
15. Standard form permits for 19 years
16. Standard form permits for 20 years
17. Standard form permits for 21 years
18. Standard form permits for 22 years
19. Standard form permits for 23 years
20. Standard form permits for 24 years
21. Standard form permits for 25 years

 

(c) For the purposes of determining the fee for wetland resource management permits, the term of duration for the permit shall be reduced by the period of time (in yearly increments) during which no dredging or filling activity occurs or no reclamation, restoration, or mitigation occurs and only minor monitoring and maintenance activities are required. The fee for the full term shall be submitted with the application. After the District determines the period of time that the term of the permit can be reduced, the excess fee shall be returned.

(d) For permit applications which involve a combination of the project fee categories listed above, the highest fee that applies to the appropriate standard form or short form project, pursuant to Rule 62-312.070, F.A.C., shall be charged.

(e) Variances from permitting standards, permit conditions, or water quality standards associated with a wetland resource permit application:

1. Variances from the prohibition of Rule 62-312.080, F.A.C.	$153.00 $100.00   $767.00 $500.00
2. Other variances

(f) A single additional fee of $767.00 $500.00 shall be required for projects in which monitoring and evaluation to determine the success of the mitigation will be required beyond the period of time to which the permit fee will ordinarily apply. If it is determined at the time of the permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee will be due at this time. If it is determined after the time of the permit application that monitoring and evaluation to determine the success of the mitigation will be required beyond the time period to which the permit fee will ordinarily apply, then this single additional fee shall be due when it is determined that this monitoring and evaluation is required.

(g) General Permits

$153.00 $100.00

(h) Minor modifications of permits that do not require substantial technical evaluation by the District, in conformance with paragraph 62-4.050(4)(s), F.A.C., do not require a new site inspection by the District, and will not lead to substantially different environmental impacts or will lessen the impacts of the original permit:

1. That consist of transfers of permits or time extensions	$77.00 $50.00 $77.00 $50.00     $384.00 $250.00
2. Involving minor technical changes when the existing permit fee is less than $300.00, except for modifications to permits issued pursuant to Section 403.816, F.S.
3. Involving minor technical changes when the existing permit fee is more than or equal to $300.00.

 

(6) Petition for Formal Determination of Wetlands and Other Surface Waters.

(a) The fees for Petitions for Formal Determination of Wetlands and Other Surface Waters are as follows, for:	$353.00 $250.00   $777.00 $550.00 $1,060.00 $750.00   $2,119.00 $1500.00   $2,119.00 $1500.00   $283.00 $200.00   $353.00 $250.00
1. Property less than or equal to 1 acre
2. Property greater than 1 acre but less than or equal to 10 acres
3. Property greater than 10 acres but less than or equal to 40 acres
4. Property greater than 40 acres but less than or equal to 120 acres
5. Property greater than 120 acres
For each additional 100 acres or portion thereof
6. Renewal of formal wetland determinations

 

(b) For the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed above.

(b)(c) Any resubmittal of a petition for formal determination of wetlands and other surface waters that was denied or withdrawn within the preceding twelve months, provided it is substantially similar to the denied or withdrawn petition, is exempt from the fees identified in paragraph (a).

(7) Water use permit application fees shall be as follows:

(a) Chapter 40D-2, F.A.C., individual permit new	$1,000.00 $750.00 $300.00 $200.00 $250.00 $185.00 $75.00 $50.00 $50.00 $35.00 $15.00
(b) Chapter 40D-2, F.A.C., individual permit renewal
(c) Chapter 40D-2, F.A.C., individual permit modification
(d) Chapter 40D-2, F.A.C., individual permit temporary
(e) Chapter 40D-2, F.A.C., general permit new
(f) Chapter 40D-2, F.A.C., general permit renewal
(g) Chapter 40D-2, F.A.C., general permit modification
(h) Chapter 40D-2, F.A.C., general permit temporary
(i) Chapter 40D-2, F.A.C., Small General Permit new
(j) Chapter 40D-2, F.A.C., Small General Permit renewal
(k) Chapter 40D-2, F.A.C., Small General Permit modification

(l) For those public supply utilities which are solely wholesale customers of water supplied by another entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be one-half of the applicable fee provided in paragraphs (a) through (k) above.

(8) The following types of applications are exempt from the fees identified in subsection (7):

(a) PERMIT MODIFICATIONS USING MODIFICATION SHORT FORM: Applications for permit modifications using the Modification Short Form authorized pursuant to paragraph 40D-2.331(2)(b), F.A.C.

(b) RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, provided the same type of application with substantially similar quantities is resubmitted.

(9) Permit application fees for water well construction or repair shall be as follows:

(a) Chapter 40D-3, F.A.C., non-public supply water wells	$50.00 $130.00   $100.00   $500.00
(b) Chapter 40D-3, F.A.C., public supply water wells or other wells constructed to public supply standards
(c) Chapter 40D-3, F.A.C., non-public supply potable water wells in Chapter 62-524, F.A.C., delineated areas
(d) Chapter 40D-3, F.A.C., public supply water wells in Chapter 62-524, F.A.C., delineated areas

(10) The following type of application is exempt from the fees identified in subsection (9): ABANDONMENT PERMIT APPLICATIONS: Applications for permits to abandon water wells.

(11) Chapter 40D-40, F.A.C., general site conditions assessment permit:

(a) Within a contiguous project area of 100 acres or more, and/or with more than one acre of wetlands on site, basic fee	$1,715.00 $1250.00   $1,098.00 $800.00
(b) Within a contiguous project area of less than 100 acres, and with one acre or less of wetlands on site, basic fee

 

(c) Application for formal modification of an existing site conditions assessment permit by adjustment, expansion, transfer, extension, or conversion to Chapter 40D-4 or 40D-40, F.A.C., construction and operation permit:

1. For adjustment, expansion, transfer or extension of contiguous project area and permitting of the same or additional site condition boundaries, one-half the basic fee applicable to a new application;

2. Modification to convert to Chapter 40D-4 or 40D-40, F.A.C., construction permit:

a. When the construction permit applicant is the original permittee for a valid site conditions assessment permit, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; if a construction permit is issued, a credit equal to the basic fee amount paid in connection with the site conditions assessment permit shall be reimbursed after submittal of the project Statement of Completion and as-built information by the original permittee, and operation approval by the District.

b. When the construction permit applicant is not the original permittee, and the applicant has a valid site conditions assessment permit that was transferred, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; but the permit application processing fee credit in sub-subparagraph 2.a. shall not apply.

(12) The District will use the Consumer Price Index for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S.

Rulemaking Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen E. West, Deputy General Counsel, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28. 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 14, 2009