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-41.005Policy and Eligibility Criteria for Coastal Construction Permits

62B-41.008Information Regarding Permit Application Requirements and Procedures

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 Statutes. 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.

SUMMARY: 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.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

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.

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, 161.142(1), (2), (4), (5), (6), (7), 161.144, 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 WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (6) No change.

(7) In the review of applications for armoring, Department staff shall consider the following:

(a) through (b) No change.

(c) The geomorphology of the coastline and active coastal processes, including historic erosion rates and sea level rise; and,

(d) Whether a permit for a beach restoration or nourishment project or other erosion prevention project has been applied for, which may reduce the vulnerability of the structure to be protected by the armoring.; and,

(e) Consistency with the statewide strategic beach management plan or an inlet management plan adopted by the Department.

(8) through (10) No change. 

(11) In addition to the other requirements of this chapter, opening of previously existing inlets that have been recently closed due to human activity, alteration or maintenance of natural inlets, intermittent inlets and flushing outlets and stabilization of natural shorelines of existing unstabilized altered inlets will be approved upon a showing that:

(a) No change. 

(b) After avoidance and minimization, any adverse impacts that are reasonably likely to occur will be offset by a proposed mitigation plan. When evaluating the mitigation plan, the Department will consider the benefits of the long term sand management plan and the overall public benefit of the inlet activity including:

1. through 4. No change.

5. Being consistent with an adopted inlet management plan and the statewide strategic beach management plan, where applicable.

(c) No change.

(12) through (13) No change.

(14) All sandy sediment excavated from the coastal system shall be deposited on the adjacent eroding beach in a location designated in the adopted inlet management plan, the adopted statewide strategic beach management plan where applicable, or in a nearshore littoral zone location approved by the Department.

(15) Any permit application for construction, excavation or maintenance of a coastal inlet and related shoals shall be consistent with the statewide strategic beach management plan for long term management of the inlet pursuant to sections 161.142 and 161.161, F.S. Where such a plan is not available the applicant shall provide the information required in paragraph 62B-41.008(1)(b), F.A.C., and shall, as a condition of the permit, be required to provide a complete inlet management plan within a period of not less than two years from the date of issuance of the permit. Any permit issued The plan shall be conditioned on provide for continued bypassing of the sand in sufficient quantity to insure that net long term erosion or accretion rates on both sides of the inlet remain equal except in cases where unequal erosion and accretion rates can be shown to be a result of natural processes and not caused by human activities. In all cases, mitigation shall be provided for any erosion effects to the adjacent coastal system attributable to alteration of the inlet. The mitigation shall include the placement of supplemental beach compatible material as needed.

(16) through (18) No change.

Rulemaking Authority 161.041(1), 161.055(1), (2), 161.085(5) FS. Law Implemented 161.041, 161.042, 161.051, 161.055(1), (2), 161.061(1), (2), 161.085(1), (2), 161.091, 161.142(1), (2), (4), (5), (6), (7), 161.144, 161.163, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.005, Amended 10-23-01, 11-17-11, 1-11-17, __________.

 

62B-41.008 Information Regarding Permit Application Requirements and Procedures.

(1) A Joint Coastal Permit, pursuant to subsection 62B-49.005(1), F.A.C., is required in order to conduct any coastal construction activities in Florida. All information in conjunction with an application shall only be submitted by the applicant or the duly authorized agent. The information listed below provides specific details for application requirements related to this chapter:

(a) No change.

(b) Demonstration of consistency with the adopted statewide strategic beach management plan, an inlet management plan, or a proposed draft inlet management plan in accordance with subsection 62B-41.005(16), F.A.C. or if the proposed work is associated with an inlet, If not included in the inlet management plan the applicant will provide the following information in order to demonstrate that the proposed activity will not have a significant adverse impact on adjacent beaches or the inlet system:

1. through 10. No change.

(c) No change. 

(2) through (3) No change.

Rulemaking Authority 20.255, 161.041(1), 161.055(1), (2) FS. Law Implemented 20.255, 161.041(1), (2), (3), (4), (7)(b), 161.042, 161.051, 161.055(1), (2), 161.142, 379.2431(1) FS. History–New 8-23-92, Formerly 16B-41.008, Amended 10-23-01, 1-11-17, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Garis, Program Administrator, Beaches Inlets and Ports Program.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 11, 2018