The Department proposes to adopt a new environmental resource general permit for public mooring fields. This general permit is required by House Bill 999, passed in the 2013 Legislative Session, which amended Section 373.118(4), F.S., effective July ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-330.420General Permit for Public Mooring Fields

PURPOSE AND EFFECT: The Department proposes to adopt a new environmental resource general permit for public mooring fields. This general permit is required by House Bill 999, passed in the 2013 Legislative Session, which amended Section 373.118(4), F.S., effective July 1, 2013. An environmental resource general permit for mooring fields was originally required by HB 989 in the 2005 Legislative session, which added Section 373.118(5), F.S.; it required the Department to adopt by rule one or more general permits for local governments to construct, operate, and maintain public marina facilities, public mooring fields, public boat ramps, including associated courtesy docks, and associated parking facilities located in uplands. Section 373.118(5), F.S., limited the size of mooring fields under a general permit to 50,000 square feet, which turned out to be too small to feasibly construct most public mooring fields. That restriction has been modified by HB 999, which removed the square footage restriction, and replaced it with a limitation of no more than 100 vessels.

Under Sections 373.118(1), 373.414(9), and 373.026(7), F.S., this general permit must produce, individually and cumulatively, no more than a minimal adverse environmental effect on water resources. In accordance with Section 373.118, F.S., this general permit shall: (1) require any public mooring field to be constructed, maintained, and operated in perpetuity for the exclusive use of the general public; (2) include provisions to ensure compliance with Part IV of Chapter 373, F.S.; (3) incorporate criteria necessary to be included in a state programmatic general permit issued by the United States Army Corps of Engineers under Section 404 of the Clean Water Act, Public Law 92-500, as amended, 33 U.S.C. ss. 1251 et seq.; (4) be consistent with the local government manatee protection plan required by Chapter 379, F.S.; and (5) require that any public mooring field must not exceed 100 vessels. Any facility authorized under the general permit must be exempt from review as a development of regional impact if the facility complies with the comprehensive plan of the applicable local government. In addition to authorizing the in-water components of a public mooring field, the general permit must include applicable authorizations for associated courtesy docks and parking areas in the uplands. Certain requirements and conditions involving treatment of stormwater likely will be included to address the authorized upland parking areas. This general permit also includes delegation of authority from the Board of Trustees of the Internal Improvement Trust Fund to the Department to issue leases for mooring fields that meet the requirements of this general permit.

At this time, rule language has not yet been developed. Therefore, future notices of workshops will be published so the rule language and concepts can be developed, discussed, and evaluated by the public.

SUBJECT AREA TO BE ADDRESSED: Chapter 62-330, F.A.C., will be amended to add a new general permit for public mooring fields.

RULEMAKING AUTHORITY: 373.043, 373.044, 373.118(4), 373.414, 373.418 FS.

LAW IMPLEMENTED: 373.043, 373.117, 373.118, 373.413, 373.414, 373.416, 373.418(4), 373.422 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Alice Heathcock, Florida Department of Environmental Protection, Submerged Lands and Environmental Resources Coordination, 2600 Blair Stone Road, MS 2500, Tallahassee, FL 32399-2400, telephone [phone], e-mail: [e-mail], or facsimile [phone]. (OGC NO. 13-1117)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.