62-341.475. General Permit for Minor Activities (Transferred)

(1) A general permit is herby granted for the construction, alteration, maintenance, operation, abandonment and removal of the following minor systems:

(a) Piling supported structures of less than 1,000 square feet over wetlands or other surface waters, which are not designated Outstanding Florida Waters;

(b) Piling supported structures of less than 500 square feet over wetlands or other surface waters in an Outstanding Florida Water;

(c) The dredging or filling of less than 100 square feet of wetlands or other surface waters;

(d) Less than 4,000 square feet of impervious surface in uplands that is subject to vehicular traffic such as roads, parking lots and driveways, and less than 9,000 square feet total of impervious surface in uplands. However, this paragraph shall not apply within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C., or in any Area of Critical State Concern;

(e) Maintenance dredging of fifty cubic yards or less of material from wetlands or other surface waters, provided that the dredged material is placed in uplands, and turbidity control measures are employed to prevent return water from causing a violation of state water quality standards; or

(f) A single family residence, proposed by the applicant, as long as it is not part of a larger plan of common development, including the associated residential improvements such as a driveway, garage and an on-site sewage disposal system, provided:

1. This paragraph shall not apply to property which was part of a tract of land that was divided into two or more parcels after July 1, 1994;

2. This paragraph shall not apply to construction or alteration in surface waters other than isolated wetlands or any wetlands in an Area of Critical State Concern or within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e)1., F.A.C.;

3. Dredging and filling of isolated wetlands shall be limited to only those areas required for siting the portions of the residence and associated residential improvements which cannot be sited in uplands because there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which the residence and associated residential improvements can be located. Applicants are encouraged to construct structures that must be located in isolated wetlands on pilings to minimize the area of isolated wetlands filled for the residence and associated residential improvements. On-site sewage disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such disposal system can be located. For the purposes of this paragraph, “unrestricted area of uplands” means an area of uplands which is not restricted by easement, deed restriction, local government regulation, or similar restriction which would prevent the activities authorized under this paragraph (e) and which is configured such that all or part of the residence and associated residential improvements can be constructed in the uplands. An area of uplands will only be considered restricted if all available variance or waiver procedures have been exhausted; and

4. The total area of dredging or filling in isolated wetlands for the residence and associated residential improvement shall not exceed 4000 square feet; and the total area of clearing in wetlands (including the dredging and filling for the residence and associated residential improvements) shall not exceed 6000 square feet on the contiguous property owned by the applicant.

(2) In order to qualify for this general permit, an applicant must provide reasonable assurance that the proposed system:

(a) Does not significantly impede navigation and does not entail the construction of a structure for the launching or mooring of a boat when navigational access to the structure does not currently exist;

(b) Does not cause a violation of state water quality standards;

(c) Does not impede the conveyance of a stream, river or other watercourse in a manner that would increase off-site flooding;

(d) Does not adversely impact aquatic or wetland dependent listed species;

(e) Does not cause the drainage of wetlands; and

(f) Is not located in, on or over a coral community, macro-marine algae or submerged grassbed community. For the purposes of this general permit, macro-marine algae community shall not include algae unattached to the bottom, nor shall it include algae growing landward of the mean high water line or growing as an epiphyte on woody plants.

(3) Persons wishing to qualify for this general permit must file a notice, describing the proposed activities and providing plans and other information necessary to evaluate the potential for adverse impacts from the proposed activities. Any person proposing a system described in paragraph (1)(f) above, shall submit tax parcel information or other documentation, sufficient to establish that the property is not part of a tract of land that was divided into two or more parcels after July 1, 1994. The Department will provide written notification to the applicant whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Department has provided written notice that the applicant qualifies for the general permit.

(4) A determination that an activity qualifies for a General Permit for a minor activity applies only to the site specific activity, location, method of construction or operation of the authorized activity and the other design and operation features of the authorized activity.

(5) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under this section within a three year period where the combination of activities to be conducted pursuant thereto exceed the thresholds in Rule 62-341.475, F.A.C.

(6) The provisions of paragraph (1)(e) do not supersede the exemption set forth in subsection 403.813(1)(q), F.S.

Specific Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS. History–New 10-3-95.