62B-56.070. Public Comment and Noticing Requirements and Procedures  


Effective on Monday, June 22, 2009
  • 1(1) Within fourteen days of the Department receiving an application for a reconstructed dune permit, the applicant shall publish a notice requesting public comment in 26a newspaper of general circulation in the area affected by the proposed reconstructed dune. 40The public comment request shall include the file number, the name of the applicant, the address where the proposed project is located, a description of the project, and a statement directing comments to the Florida Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400. A copy of an example notice can be obtained by contacting the Bureau at the above address.

    104(2) Within fourteen days of the Department taking action to issue or deny the permit, the applicant shall publish a notice of the agency’s action in a newspaper of general circulation in the area affected by the proposed reconstructed dune. The public notice shall include the permit number, the name of the applicant, the address where the proposed project is located, and shall include rights under Section 171120.57, F.S.

    173(3) Proof of all publications must be provided to the Bureau in the form of a “tear sheet” (not a photocopy), i.e., the entire page must be torn from the newspaper showing the masthead of the newspaper along with the notice.

    214(4) 215Failure to publish any notice of application, or agency action required by the Department shall be an independent basis for the denial of the permit or other pertinent approval or authorization. 246The applicant shall submit proof of notice of agency action to the Department prior to issuance of the Notice to Proceed with construction authorized under the permit.

    273(5) Following issuance of the approved permit, the applicant shall record the permit and all conditions in the public record of the county where the permitted activity is located. The permit shall cross reference the recorded property deed, using business or person’s name, the year that it was recorded, document number, and the official record book, page and parcel number.

    333(6) The applicant shall submit proof of recording of the permit and permit conditions to the Department prior to issuance of the Notice to Proceed with construction authorized under the permit.

    364Rulemaking Authority 366161.053(20), 367161.0535, 368161.085(5) FS. 370Law Implemented 372120.60, 373161.0535 FS. 375History–New 6-22-09.

     

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