Florida Administrative Code

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.750, 17-12.810, 17-312.810, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.760, 17-12.811, 17-312.811, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.770, 17-12.812, 17-312.812, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History- New 9-3-86, Formerly 17-4.780, 17-12.813, 17-312.813, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.790, 17-12.814, 17-312.814, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Amended 10-28-87, Formerly 17-4.800, 17-12.815, 17-312.815, Repealed…

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.810, Amended 3-26-89, Formerly 17-12.816, 17-312.816, Repealed …

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 9-3-86, Formerly 17-4.820, 17-12.817, Amended 11-27-91, Formerly 17-312.817, Repealed…

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.814, 403.912, 403.913, 403.918, 403.919 FS. History-New 11-16-89, Formerly 17-312.818, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.062, 403.087, 403.813, 403.814, 403.817, 403.912, 403.913 FS. History-New 12-17-90, Formerly 17-312.819, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.814 FS. History-New 1-19-94, Formerly 17-312.822, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1), 403.813(1), 403.814(1) FS. Law Implemented 253.04, 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.813(1), 403.814(1) FS. History-New 8-4-05, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1), 403.813(1)(t) FS. Law Implemented 373.414(11)-(16), 373.4145, 403.061, 403.087, 403.088, 403.813(1)(t), 403.814, 403.817, 403.912, 403.913, 403.918 - .921, 403.931 FS. History-New 3-15-07, Repealed 2-16-12.

Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.406, 373.4145 FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.4145, 373.416, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History-New 12-5-06, Repealed 2-16-12.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.814 FS. History-New 11-30-82, Amended 3-31-84, 10-16-84, 5-15-88, Formerly 17-1.203, 17-12.900, Ame…

(1) This chapter, together with the rules and all documents it incorporates by reference, implements the comprehensive, statewide environmental resource permit (ERP) program under Section 373.4131, F.S. (2) The ERP program governs the following: construction, alteration, operatio…

(1) A permit under this chapter is not required for activities that qualify for: Operation and routine custodial maintenance of projects legally in existence under Chapter 403 or Part IV of Chapter 373, F.S., provided the terms and conditions of the permit, exemption, or other au…

Terms used in this chapter are defined in section 2.0 of Volume I and section 2.1 of Volume II. Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9),373.4141, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373…

(1) A notice to the Agency is not required to conduct an activity that is exempt under Rule 62-330.051, F.A.C., except where required in a specific exemption. Persons are encouraged, but not required, to use any available electronic self-certification service of the . (2) If a pe…

The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., as applicable. (1) Activities conducted in con…

(1) Silviculture activities conducted and noticed in conformance with the best management practices and procedures below shall qualify for this no-fee noticed exemption. The Agencies shall not be compelled to verify qualification for these exemptions following receipt of the noti…

Rules 62-330.401 through 62-330.635, F.A.C., contain the procedures to submit a notice to use a general permit, the procedures for their review, the general conditions that apply to them, and the terms and specific conditions of each general permit. Those provisions do not apply …

(1) An individual permit is required for activities that require a permit if they: (a) Do not qualify for a general permit in Rules 62-330.410 through 62-330.635, F.A.C.; and (b) Are not proposed for conceptual approval under Rule 62-330.055 or 62-330.056, F.A.C. (2) Except as ot…

A county or municipality may request a conceptual approval permit for activities occurring within urban infill and redevelopment areas or community redevelopment areas created under Chapter 163, F.S. Following approval of the conceptual permit, any construction, alteration, opera…

(1) A conceptual approval permit is available for an applicant who desires approval of design concepts for a master or future plan to construct, alter, operate, maintain, remove, or abandon projects that require an individual permit under this chapter. This includes activities th…

Materials to include in an application or notice for a permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application or notice. (1) An application for an individual permit or conceptual …

Rulemaking Authority 373.026, 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 668.003, 668.004, 668.50 FS. Law Implemented 373.026, 373.118, 373.413, 373.4131, 373.4145, 373.416, 373.426, 668.003, 668.004, 668.50 FS. History-New 10-1-13, Repealed 11-26-15.

(1) A State Water Quality Certification under Section 401 of the Clean Water Act, 33 U.S.C. Section 1341, shall be provided as described below. (a) A complete application for an individual or conceptual approval permit shall constitute an application for certification of complian…

(1) A processing fee is required to be submitted with an application, notice, or petition under this chapter. The amount of the fee is specified in the following rules of the applicable Agency where the application, notice, or petition is submitted. The rules in paragraphs (b) th…

(1) A single application shall be submitted and reviewed for activities that require both an individual permit under this chapter and a proprietary authorization under Chapter 253 or 258, F.S., to use state-owned submerged lands. In such cases, the application shall not be deemed…

(1) The Agency shall review, notice, and issue a request for any required additional information in accordance with section 5.5.3 of Volume I.(2) Pending applications shall be exempt from changes in the rules adopted after an application has been deemed complete except as otherwi…

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.4211(22), (25), 373.461, 380.06(9), 403.805(1) FS. Law Implemented 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 3…

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.406(5), 373.414, 373.415, 373.418, 373.461, 380.06(9), 403.0877 FS. Law Implemented 373.019, 373.042, 373.0421, 373.085, 373.086, 373.109, 373.118, 373.119, 373.129, 373.136, 373.403, 373.406, 373.413, 373.4135, 373.4136, 373…

(1) For any application that requires a determination or assessment of the landward extent of wetlands and other surface waters pursuant to section 7.1 of Volume I, Agency staff shall use Form 62-330.201(1), "Chapter 62-340, F.A.C., Date Form", (December 22, 2020), incorporated b…

(1) To obtain an individual or conceptual approval permit, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, removal, or abandonment of the projects regulated under this chapter: In addition to the criteria in this subsectio…

(1) In addition to the conditions in Rule 62-330.301, F.A.C., to obtain an individual or conceptual approval permit under this chapter, an applicant must provide reasonable assurance that the construction, alteration, operation, maintenance, repair, removal, and abandonment of a …

(1) The permit authorizing construction or alteration must be converted to the operation and maintenance phase once the construction or alteration has been completed. The construction or alteration authorized under an individual permit must be certified to be in compliance with t…

(1) The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase as provided in section 12.5 of Volume I. Inspections are to be conducted and reported as described in section 1…

(1) Modifications to an unexpired individual or conceptual approval permit may be requested by the permittee and will be processed as a minor or a major modification, as described below and in section 6.2 of Volume I. Permit modification fees are set forth in Rule 62-330.071, F.A…

Unless revoked, extended or otherwise modified, the duration of a permit under this chapter is: (1) General permit - Five years to construct, commencing from the date notice is received by the Agency, or the date the Agency verifies compliance with the terms and conditions of the…

(1) Permits in the Operation and Maintenance Phase - Projects constructed in accordance with the terms and conditions of a general permit are automatically authorized to be operated and maintained by the permittee and subsequent owners. A permittee with a valid individual permit …

(1) The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. (a) All activities…

The following general conditions are binding on all conceptual approval permits issued under this chapter, except where the conditions are not applicable to the activity or where the conditions must be modified to accommodate project-specific situations. In addition to these gene…

When the Agency has determined that immediate action is necessary to abate an emergency condition, the Agency shall use one of the following measures below to authorize the work. "Emergency conditions" are defined as those that pose an imminent or existing serious threat or dange…

(1) In addition to a variance available under Section 120.542, F.S., the Agencies are authorized to grant a variance from the provisions of Section 373.414, F.S., paragraph 62-330.301(1)(e), F.A.C., and Rule 62-330.302, F.A.C., pursuant to Section 373.414(17), F.S. A person seeki…

(1) General permits authorize activities that, if conducted consistent with the permit requirements, will cause minimal individual and cumulative adverse impacts to the water resources of the Agencies. Mitigation is neither necessary nor required to offset those impacts except wh…

(1) A person wishing to construct, operate, maintain, alter, abandon, or remove projects under a general permit shall provide notice using Form 62-330.402(1), "Notice of Intent to Use an Environmental Resource and/or State 404 Program General Permit," (December 22, 2020), incorpo…