62D-15.006. Permits

(1) A Myakka River permit is required from the department before a person may engage in certain activities. An application form titled, State of Florida Joint Application for Permit, DEP FORM 62-312.900(1), November 30, 1982, which is incorporated by reference, may be obtained from and submitted to: Florida Department of Environmental Protection, South District Office, Post Office Box 2549, Fort Myers, Florida 33902-2549, or by electronic mail to [e-mail].

(2) Activities, structures or practices for which permit applications must be submitted for review include any of the following within the river area:

(a) Dredging or filling;

(b) Creating, repairing, or maintaining shore protection structures;

(c) Maintaining existing navigational channels and aids to navigation or installing new aids to navigation;

(d) Constructing, installing, expanding, or renovating marinas, landings, boat ramps, docks, mooring buoys, pilings, dolphins, decks, or piers;

(e) Renovating, replacing, or expanding facilities required for utilities, bridges, or roads;

(f) Removing or cutting native vegetation only for riparian ingress and egress necessary for docking, boating, bathing and fishing access;

(g) Relocation or setting of bulkhead lines waterward of mean high water;

(h) Engaging in agricultural and forestry practices and activities not conducted prior to the effective date of the rule within the river area on the subject site;

(i) Engaging in water resource management practices not conducted prior to the effective date of this rule including constructing stormwater management systems as that term is defined in Section 373.403, F.S., or other drainage discharges, except that the water management district, under emergency conditions, may submit an application after-the-fact;

(j) Constructing or creating after the effective date of this rule utility, bridge or road crossings in impacted areas, or utility crossings in unimpacted areas;

(k) Constructing, erecting, installing any form of structure related to a water-dependent activity, or any other structures in the river area;

(l) Replacing or reconstructing any damaged or destroyed exempted structure, land use or activity;

(m) Establishing recreational facilities on publicly owned portions of the river area; and

(n) Any other activity not subject to Rule 62D-15.006, F.A.C., conducted or proposed to be conducted after the effective date of this rule within the river area which adversely impacts resource values in the river area.

(3) The existence of provisions for exemptions or permits under other rules of the department or of other government agencies does not eliminate the requirement for a Myakka River permit for an activity in the river area. Exemptions from, or the issuance of permits under, this rule may not relieve persons from complying with requirements for permits under other department or government agency rules.

(4) The department shall not deny a permit to a public utility if the public utility has provided a letter with supporting documentation that demonstrates that it is not feasible or practicable to meet all applicable criteria of Rule 62D-15, F.A.C.

Rulemaking Authority 258.501 FS. Law Implemented 258.501 FS. History–New 7-22-91, Formerly 16D-15.006.