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Florida Administrative Code (Last Updated: April 18, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-330. Environmental Resource Permitting |
1Unless revoked, extended or otherwise modified, the duration of a permit under this chapter is:
16(1) General permit ‒ Five years to construct, commencing from the date notice is received by the Agency, or the date the Agency 39verifies compliance with the terms and conditions of the general permit in accordance with rule 5462-330.402, 55F.A.C., whichever is later.
59(2) Individual permit ‒ Five years from the date of issuance to construct, except:
73(a) Less than five years for activiti80es such as temporary or experimental work, or when a shorter duration is needed; or
95(b) More than five years when the applicant specifically requests a longer duration and provides reasonable assurance that:
1131. The activity for which the permit is to be granted cannot reasonably be expected to be completed within five years after commencement of construction; and
1392. 140The impacts of the activity, considering its nature, the size of the project, and any required mitigation, can be accurately assessed and offse163t where appropriate, and the terms of the permit can be met for the duration of the permit requested.
182(3) Operation and maintenance ‒ in perpetuity following:
190(a) Construction in conformance with the terms and conditions of a general permit; or
204(b) Convers206ion from the construction to the operation phase of an individual permit in accordance with rule 22262-330.310, 223F.A.C.
224(4) Conceptual approval permit ‒ As provided in rule 23362-330.055 234or 23562-330.056, 236F.A.C.
237(5) Mitigation bank permit ‒ As provided in rule 62-342472.750, F.A.C.
249(6) A modification to extend the duration of the construction phase of an individual permit shall be granted if the extension request is received in writing by the Agency before expiration of the construction phase; 284and:
285(a) The activity remains consistent with plans, terms, and conditions of the permit and the Agency’s rules in effect when the extension is granted; and
310(b) 311The request can be approved in consideration of subparagraphs (2)(b)1. and 2., above.
324Rulemaking Authority 326373.026(7), 327373.043, 328373.118, 329373.4131, 330373.4145, 331373.418, 332403.805(1) FS. 334Law Implemented 336373.118, 337373.413, 338373.4131, 339373.4136, 340373.4142, 341373.4145, 342373.416, 343373.426 FS. 345History–New 10-1-13, Amended 6-1-18.
