To establish, in response to a November 16, 2018, Notice of Unadopted Rule from David H. Sherry, Rebecca R. Sherry, and John S. Donovan, regarding the Department’s East Pass Inlet Management plan (July 24, 2013), that consistency with an inlet ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NOS.:RULE TITLES:

62B-41.002Definitions

62B-41.003General Prohibitions

62B-41.004Exemptions from Permit Requirements

62B-41.005Policy and Eligibility Criteria for Coastal Construction Permits

62B-41.0055Protection of Marine Turtles

62B-41.007Design, Siting and Other Requirements

62B-41.0075Experimental Coastal Construction

62B-41.008Information Regarding Permit Application Requirements and Procedures

62B-41.0085Permit Processing and Administration Fees

62B-41.013Revisions or Modifications of Approved Permits

PURPOSE AND EFFECT: To establish, in response to a November 16, 2018, Notice of Unadopted Rule from David H. Sherry, Rebecca R. Sherry, and John S. Donovan, regarding the Department’s East Pass Inlet Management plan (July 24, 2013), that consistency with an inlet management plan developed by the Department is no longer required under the provisions of the rule chapter. Instead, applicants seeking a Joint Coastal Permit will need to provide information that, for activities to be conducted that are associated with an inlet, including management activities, demonstrates that the proposed project or activity will comply with the requirements of Section 161.142, Florida Statute. The application form adopted by reference in subsection 62B-49.005(1), F.A.C., is by separate Notice of Rule Development, proposed to be amended to be consistent with rule amendments being developed for certain provisions of Rule Chapter 62B-41, F.A.C.

SUBJECT AREA TO BE ADDRESSED: The subject matter addressed is an existing rule requirement regarding the use of a Department approved Inlet Management Plan by applicants for Joint Coastal Permits.

RULEMAKING AUTHORITY: 20.255, 161.041(1), 161.055(1), (2), 161.085(5) FS.

LAW IMPLEMENTED: 161.041(1), (2), (3), (4), (5), (7)(b), (8), 20.255, 161.021(1), (6), (7), (9), 161.042, 161.142, 161.143, 161.143(1), 161.142(1), (2), (4), (5), (6), (7), 161.144, 161.143(1), 161.051, 161.055(1), (2), 161.161, 161.061, 161.161(1), 161.082, 161.085(1), (2), 161.091, 161.151(3), 161.0535, 161.163, 379.243(1), 161.101(15) 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: Greg Garis, Program Administrator, Beaches, Inlets and Ports Program, 2600 Blair Stone Road, MS 3544, Tallahassee, Florida 32399, [phone], or email [e-mail].

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