62-331.246. General Permit for Water-Based Renewable Energy Generation Pilot Projects

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features.

(a) Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, roads, parking lots, and stormwater management facilities.

(b) For the purposes of this general permit, the term “pilot project” means an experimental project where the water-based renewable energy generation units will be monitored to collect information on their performance and environmental effects at the project site.

(2) This general permit is subject to the following conditions:

(a) The activity must not cause the loss of greater than 1⁄2-acre of state-assumed waters, including the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds when 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.

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

(c) For each single and complete project, no more than 10 generation units (e.g., wind turbines, wave energy devices, or hydrokinetic devices) are authorized.

(d) For floating solar panels, each single and complete project cannot exceed 1⁄2- acre in water surface area covered by the floating solar panels.

(e) Upon completion of the pilot project, the generation units, transmission lines, and other structures or fills associated with the pilot project must be removed to the maximum extent practicable unless they are authorized by a separate authorization under this Chapter. Completion of the pilot project will be identified as the date of expiration of the Federal Energy Regulatory Commission (FERC) license, or the expiration date of the general permit authorization if no FERC license is required.

(3) This general permit is not applicable within Designated Critical Resource Waters or other state and federally managed areas such as marine sanctuaries, Habitat Areas of Particular Concern (HAPC), aquatic preserves, and parks.

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

(5) Utility lines constructed to transfer the energy from the land-based collection facility to a distribution system, regional grid, or other facility are generally considered to be linear projects and each separate and distant crossing of a waterbody is eligible for treatment as a separate single and complete linear project. Those utility lines may be authorized by general permit Rule 62-331.215, F.A.C., or another authorization under this chapter.

(6) An activity that is located on an existing locally or federally maintained U.S. Army Corps of Engineers project requires separate approval from the Chief of Engineers or District Engineer under 33 U.S.C. §408. The permittee is responsible for obtaining such approval separately from the Corps.

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.