62-330.458. General Permit for the Construction and Maintenance of Electric Power Lines by Electric Utilities

(1) A general permit is provided in subsection 403.814(6), F.S., for the construction of power lines and electrical support structures by electric utilities. Terms used in this general permit shall have the meanings specified below:

(a) “Access areas” shall mean areas which are cleared to allow equipment to reach existing electrical structures or the proposed location of electrical structures;

(b) “Existing facilities” shall mean existing power lines, substations or power plants;

(c) “Impact site” shall mean that portion of a wetland area within the right-of-way either surrounded by uplands within the right-of-way or lying between upland segments of the right-of-way within which clearing of vegetation to the ground is proposed to occur;

(d) “Power line” shall mean the conductors, supporting structures, and related hardware installed or maintained by electric utilities as defined in Section 366.02(2), F.S.;

(e) “Project” shall mean the proposed or existing power line for which use of the general permit is proposed;

(f) “Selective clearing” shall mean the cutting or control of vegetation by hand, herbicide, or mechanized equipment that minimizes soil compaction, to a height no lower than the water level at the time of cutting or ground level in areas without standing water. This would include removal of the cut trees from the wetland in cases where leaving the trees would preclude revegetation or impound water flow. This shall not mean the non-selective aerial or broadcast application of herbicides;

(g) “Siting board” means the Governor and Cabinet as provided in Section 403.503(8), F.S.;

(h) “Work areas” shall mean areas surrounding the electrical support structures, towers, poles, and guy wires which must be cleared to enable equipment to install and maintain the power line.

(2) Activities conducted under this general permit shall comply with subsection 403.814(6), F.S., and the following additional conditions.

(a) The shoreline of forested wetlands is interpreted to be the mean or ordinary high water line.

(b) Any mechanized equipment that is used to cut or remove vegetation shall be of a type and be operated so as to minimize soil compaction. Except for Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina spp.), and punk tree (Melaleuca quinquinerva), clearing in the remainder of the project right-of-way within wetlands shall be limited to selective clearing of vegetation which has an expected mature height of 14 feet or more. During construction and while conducting normal maintenance activities, the permittee shall eradicate all Brazilian pepper, Australian pine, and Melaleuca from the wetland portion of the right-of-way. During the initial clearing event, and during subsequent maintenance cycles, EPA approved herbicides may be used on the following:

1. Vegetation growing within the area that was formerly cleared to the ground;

2. Vegetation with an expected mature height of over 14 feet growing within the remainder of the right-of-way; and

3. Exotic vegetation within the right-of-way.

(c) Areas dominated (90 percent or greater aerial coverage) by exotic species shall not be included in the acreage calculation of clearing to ground of forested wetlands. The ten mile sections shall be measured from the beginning of the project to the terminus of the project, or vice versa, and the sections shall not end in a wetland. In cases where the section does end in a wetland, the closest landward edge of the wetland shall be the section terminus.

(d) Diversion and impoundment of surface waters shall be limited to incidental diversion during construction, and diversion which occurs around support structures, towers, guy wires, and poles.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426, 403.814(1), 403.814(6), 403.814(7) FS. History–New 10-3-95, Formerly 62-341.620, Amended 10-1-13.