62-331.227. General Permit for Residential Developments

(1) This general permit authorizes the following activities:

(a) Dredge or fill activities in state-assumed waters for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision.

(b) The construction of building foundations and building pads and attendant features that are necessary for the use of the residence or residential development. Attendant features may include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development).

(2) The activity is subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters.

(b) The activity must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the Agency waives the 300 linear foot limit by making a written determination concluding that the activity will result in no more than minimal adverse environmental effects.

(c) The loss of stream bed plus any other losses of state-assumed waters caused by the activity cannot exceed 1⁄2-acre.

(d) For residential subdivisions, the aggregate total loss of state-assumed surface waters authorized by this general permit cannot exceed 1⁄2-acre. This includes any loss of state-assumed waters associated with development of individual subdivision lots.

(3) This general permit does not authorize:

(a) Dredging or filling in non-tidal wetlands adjacent to tidal retained waters.

(b) Activities in Golden Gate Estates, south of Alligator Alley in Collier County.

(c) Activities in the Belle Meade South area bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and U.S. 41 to the south in Collier County.

(d) Activities in the Florida panther consultation area (south of the Caloosahatchee River) as defined in the Florida panther effect determination key, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12047), and also available at https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.

(4) The permittee must submit a notice of intent to use this general permit to the Agency prior to commencing the activity.

Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identified by EPA as published in the Federal Register §373.4146, F.S.

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.4131, 373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118, 373.129, 373.136, 373.413, 373.4131, 373.414, 373.4145, 373.4146, 373.416, 373.422, 373.423, 373.429 FS. History–New 12-22-20.