40D-1.607. Permit Processing Fee  


Effective on Sunday, August 17, 2014
  • 1A 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:

    116(1) Environmental resource permit applications and related determinations under Chapter 62-330, F.A.C.

    128(a) 129Processing fees required by the District for activities regulated under Chapter 62-330, F.A.C., are listed below. The term “N/A” means the requested activity determination is not currently available from the District 160and is only available from the Department of Environmental Protection.

    170FEE CATEGORY

    172FEE AMOUNT

    1741. Activities qualifying for an electronic self-certification:

    181a. Self-certifications in accordance with Section 187403.814(12), F.S.

    189N/A

    190b. Self-certifications for activities other than those under Section 199403.814(12), F.S.

    201N/A

    2022. Determination of qualification for an activity exemption:

    210a. Under Rules 21362-330.050 214and 21562-330.051, 216F.A.C.

    217$100

    218b. Under Rule 22162-330.0511, 222F.A.C.

    223$0

    2243. Determination of Qualification to use a General Permit.

    233$250

    2344. Individual or Conceptual Approval Permits excluding permits for a mitigation bank:

    246a. 247New applications. 249The processing fee for a new permit application shall be as determined from the categories below.

    265(I) Total project area of less than 10 acres and no works inon or over wetlands or other surface waters

    285except where exempt under paragraphs 29062-330.051(9)(a) 291through (c), F.A.C.

    294$364

    295(II) Total project area of less than 10 acres that does not meet sub-sub-subparagraph 4.a.(I) above but that

    313involves less than 1 acre of works in, on or over wetlands and other surface waters, AND less than 10 new boat slips.

    336$2,912

    338(III) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(II) above but involves a total project

    354area of less than 40 acres less than 3 acres of works in on or over wetlands and other surface waters AND

    376less than 30 new boat slips.

    382$3,322

    384(IV) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(III) above but involves a total

    399project area of less than 100 acres less than 10 acres of works in on or over wetlands and other surface waters

    421AND less than 50 new boat slips.

    428$3,731

    430(V) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(IV) above but involves a total

    445project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters.

    468$4,141

    470(VI) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(V) above.

    481$4,550

    483(VII) Project exclusively for agricultural or silvicultural purposes and involving a total project area of less

    499than 10 acres AND less than 1 acre of works (i.e. dredging filling construction or alteration) in on or

    518over wetlands and other surface waters.

    524$2,912

    526(VIII) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in

    541sub-sub-subparagraph 4.a.(VII), above, but involving a total project area of less than 40 acres AND less than 3

    559acres of works in, on or over wetlands and other surface waters.

    571$3,322

    573(IX) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in

    588sub-sub-subparagraph 4.a.(VIII), above, but involving a total project area of less than 100 acres AND less than

    60510 acres of works in, on or over wetlands and other surface waters.

    618$3,731

    620(X) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in

    635sub-sub-subparagraph 4.a.(IX), above, but involving a total project area of less than 640 acres AND less than

    65250 acres of works in, on or over wetlands and other surface waters.

    665$4,141

    667(XI) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in

    682sub-sub-subparagraph 4.a.(X), above.

    685$4,550

    687(XII) Individual or conceptual approval permit solely for environmental restoration or enhancement

    699activities, provided such activities are not associated with a mitigation bank and are not being implemented

    715as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For the purposes of

    735this provision, the term “environmental restoration or enhancement” means an action or actions designed and

    750implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact

     

    765communities typical of those historically present, or to improve the quality and condition of currently degraded

    781Based on

    783wetlands or other surface waters to a more healthy, functional, and sustaining condition for first, wildlife, and

    800aforementioned

    801and sustaining condition for fish, wildlife, and listed species.

    810thresholds

    811(XIII) Individual or conceptual approval permit solely to retrofit an existing stormwater management

    824Based on

    826management system or systems.

    830aforementioned

     

    831thresholds

    832(b) 833Major Modifications 835exceeding any of the thresholds in subsection 84262-330.315(3) 843F.A.C.:

    844(I) Major modification to an individual permit that is consistent with and existing conceptual approval

    85950% of the fee

    863permit.

    864prescribed under

     

    8664.a. above

    868(II) Major modification to an Individual or Conceptual Approval Permit that increase the project area.

    88350% of the fee

     

    887prescribed under

     

    8894.a. above

    891(III) All other major modifications.

    89650% of the fee

     

    900prescribed under

     

    9024.a. above

    9045. Individual or Conceptual Permits for a Mitigation Bank

    913a. New application for a mitigation bank with a permit area of:

    925(I) Less than 100 acres

    930$3,632

    932(II) At least 100 acres but less than 640 acres

    942$3,632

    944(III) 640 acres or more

    949$3,632

    951b. Major modification exceeding any of the thresholds in subsection 96162-330.315(3), 962F.A.C.:

    963(I) Affecting one of the following: service area credit assessment success or release criteria hydrologic

    978structures or alterations elimination of lands monitoring or management plans or construction or mitigation

    992design that does not increase the project area

    1000$1,816

    1002(II) Affecting two of the components in sub-sub-subparagraph 5.b.(I) above.

    1012$1,816

    1014(III) Affecting three of the components in sub-sub-subparagraph 5.b.(I) above.

    1024$1,816

    1026(IV) All other major modifications.

    1031$1,816

    1033c. Mitigation bank credit release.

    1038$       0

    1040d. Mitigation bank credit withdrawal.

    1045$       0

    10476. 1048Minor Modification 1050of an individual or conceptual approval permit including a permit for a mitigation

    1063bank, that does not exceed any of the thresholds in subsection 62 330.315(3), F.A.C.

    1077a. Extension of permit duration, where not exempted from fees under Florida statutes.

    1090$       0

    1092b. To correct minor errors that do not involve technical review.

    1103$       0

    1105c. To transfer a permit to a new owner/permittee or to transfer a permit to an operation and maintenance

    1124entity.

    1125$       0

    1127d. All other minor modifications.

    1132$       0

    11347. Variance or Waiver.

    1138a. Under Section 1141120.542, F.S.

    1143$       0

    1145b. Under Section 1148373.414(17), F.S.

    1150$       0

    11528. Fee Reductions.

    1155a. Application for an individual or conceptual approval permit or modification thereof submitted using

    1169the District’s electronic application system where the processing fee in subparagraph (a)4. or 5. above exceeds $250.

    118625% reduction

    1188b. Application for any activity by an entity qualifying under Section 1199218.075, F.S., 1201when the fee under

    1205paragraph (a) exceeds $100.

    1209$  100

    1211c. Applications for any activity when submitted by the U.S. Department of Defense.

    1224$      0

    12269. Determination of the Landward Extent of Wetlands and Other Surface Waters.

    1238a. Informal Determination. Fee shall be based on the acreage of the entire property for which the request

    1256applies, as follows:

    1259(I) Total area to be included in the determination is up to 1 acre.

    1273$   353

    1275(II) Additional fee per acre (or portion thereof) beyond the first 1 acre, total fee not to exceed $500.

    1294$     20

    1296b. Petition for formal determination. Fee shall be based on the acreage of the entire property for which

    1314the petition is filed, as follows:

    1320(I) Total area to be included in the determination is less than 10 acres.

    1334$   777

    1336(II) Total area to be included in the determination is at least 10, but less than 40 acres.

    1354$1,060

    1356(III) Total area to be included in the determination is at least 40, but no more than 100 acres.

    1375$2,119

    1377(IV) Additional fee per 100 acres (or portion thereof) that exceeds the first 100 acres.

    1392$   283

    1394c. Reissuance of a formal determination.

     

    1400(I) Submitted 60 days prior to expiration.

    1407$   353

    1409(II) Submitted within 2 years of expiration of a formal determination provided petitioner

    142250% of the fee

    1426certifies no unpermitted alterations in physical conditions and no change in delineation

    1438prescribed in

    1440methodology since issuance of prior formal determination, as confirmed by staff.

    14519.b above

    1453(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.

    1477(3) For projects grandfathered pursuant to Section 1484373.414 1485or 1486373.4131, F.S., 1488the conceptual, individual or general surface water management or environmental resource permit application fee shall be the same as the conceptual, individual or general ERP application fees listed in subsection (1) above.

    1520(4) For projects grandfathered pursuant to Section 1527373.414, F.S., 1529the wetland resource (dredge and fill) permit application fee shall be as set forth in paragraphs 154540D-1.607(5)(a)-1546(g), F.A.C., as it existed on December 29, 2011.

    1555(5) Water use permit application fees shall be as follows:

    1565(a) For a Chapter 40D-2, F.A.C., individual permit that authorized annual average quantities from any source or combined sources that is 500,000 gpd or greater, the fees shall be as follows:

    15971. New individual permit no greater than 10 years

    1606$1,000.00

    16082. New individual permit no greater than 20 years

    1617$2,000.00

    16193. Renewal individual permit no greater than 10 years

    1628$   750.00

    16304. Renewal individual permit no greater than 20 years

    1639$1,500.00

    16415. Individual permit modification

    1645$   300.00

    16476. Individual permit temporary

    1651$   200.00

    1653(b) For a Chapter 40D-2, F.A.C., individual permit that authorizes:

    16631. Annual average quantities from any source or combined sources that is 100,000 gpd or greater but less than 500,000 gpd; or

    16872. A1689nnual average quantities from any source or combined sources that is less than 100,000 gpd and:

    1706a. The drought annual average quantities are 100,000 gpd or greater in the Southern Water Use Caution Area;

    1725b. Annual average quantities are for mining or dewatering;

    1734c. The primary source is from surface water and the combined annual average quantities is at least 50,000 gpd;

    1754d. The withdrawal is required by the permit to be metered and reported to the District;

    1770e. The maximum quantity equals or exceeds 3,000,000 gpd for crop protection or other use; or

    1788f. At least one permitted facility is located within the Dover-Plant City Water Use Caution Area and requires crop protection quantities.

    18093. If an individual permit meets sub-subparagraph 1. or 2. above, the fees shall be as follows:

    1826a. New individual permit no greater than 10 years

    1835$   250.00

    1837b. New individual permit no greater than 20 years

    1846$   500.00

    1848c. Renewal individual permit no greater than 10 years

    1857$   185.00

    1859d. Renewal individual permit no greater than 20 years

    1868$   370.00

    1870e. Individual permit modification

    1874$     75.00

    1876f. Individual permit temporary

    1880$     50.00

    1882(c) For a Chapter 40D-2, F.A.C., individual permit that authorizes annual average quantities from any source or combined sources that is less than 100,000 gpd unless the criteria listed in subparagraph 191440D-1.607(7)(b)2., 1915F.A.C. apply, the fees shall be as follows:

    19231. New individual permit no greater than 10 years

    1932$     50.00

    19342. New individual permit no greater than 20 years

    1943$   100.00

    19453. Renewal individual permit no greater than 10 years

    1954$     35.00

    19564. Renewal individual permit no greater than 20 years

    1965$     70.00

    19675. Individual permit modification

    1971$     15.00

    1973(d) Chapter 40D-2, F.A.C., permit fees for those new and renewal permits and modifications to permits that are issued for a duration greater than 20 years shall be equal to the ratio of the number of years granted to 20 years multiplied by the corresponding 20 year permit fee specified above.

    2024(e) For those public supply utilities that 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 above.

    2067(6) Permit application fees for water well construction or repair shall be as follows:

    2081(a) Chapter 40D-3, F.A.C., non-public supply water wells.

    2089$     50.00

    2091(b) Chapter 40D-3, F.A.C., public supply water wells or other wells constructed to public supply standards.

    2107$   130.00

    2109(c) Chapter 40D-3, F.A.C., non-public supply potable water wells in Chapter 62-524, F.A.C., delineated areas.

    2124$   100.00

    2126(d) Chapter 40D-3, F.A.C., public supply water wells in Chapter 62-524, F.A.C., delineated areas.

    2140$   500.00

    2142(7) Chapter 40D-40, F.A.C., general site conditions assessment permit:

    2151(a) Within a contiguous project area of 100 acres or moreand/or with more than one acre of wetlands on

    2170site, basic fee.

    2173$1,715.00

    2175(b) Within a contiguous project area of less than 100 acres and with 1 acre or less of wetlands on site basic

    2197fee.

    2198$1,098.00

    2200(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:

    22291. 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;

    22592. Modification to convert to Chapter 40D-4 or 40D-40, F.A.C., construction permit:

    2271a. 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.

    2364b. 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.

    2430(8) The District will use the percentage change in 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 2471373.109, F.S.

    2473(9) Fee Exemptions.

    2476(a) The following types of applications are exempt from the fees identified in subsection (5):

    24911. LETTER MODIFICATIONS: Letter Modifications requested through the use of a Modification Short Form Application, Form No. LEG-R.035.02 (5/14), (2511http://www.flrules.org/Gateway/reference.asp?No=Ref-037472513), incorporated by reference in and pursuant to paragraph 252240D-2.331(2)(b), 2523F.A.C.

    25242. RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, or upon the conclusion of any administrative or judicial process to challenge a denial, provided the same type of application with substantially similar quantities is resubmitted.

    2567(b) The following types of applications are exempt from the fees identified in subsection (6):

    25821. ABANDONMENT PERMIT APPLICATIONS: Applications for permits to abandon water wells.

    25932. RESUBMITTALS: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months or upon the conclusion of any administrative or judicial process to challenge a denial.

    2624Rulemaking Authority 2626373.044, 2627373.113, 2628373.149, 2629373.171 FS. 2631Law Implemented 2633373.109, 2634373.421(2), 2635373.4131 FS. 2637History–New 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, 12-7-09, 6-30-10, 9-5-10, 12-29-11, 10-1-13, 2-27-14, 5-19-14, 8-17-14.

     

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