Florida Administrative Code

(1) This chapter, together with the rules and all documents it incorporates by reference, implements the State 404 Program under Section 373.4146, F.S. (2) The State 404 Program governs all dredging and filling in waters of the United States regulated by the State under Section 3…

(1) A permit under this chapter is not required for the activities described in 40 CFR §232.3 as of July 1, 2019, incorporated by reference herein (https://flrules.org/Gateway/reference.asp?No=Ref-12041), and in Appendix B of the 404 Handbook, subject to the limitations described…

Terms used in this chapter are defined in section 2.0 of the 404 Handbook. 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(…

(1) A notice to the Agency is not required to conduct an activity that is exempt under subsection 62-331.020(1), F.A.C., except where the activity requires an authorization or notification under Chapter 62-330, F.A.C. Exemptions under Rule 62-330.051, F.A.C., are not applicable t…

(1) An individual permit is required for activities within state-assumed waters if they do not qualify for an exemption under subsection 62-331.020(1), F.A.C., or a general permit under Rules 62-331.200 through 62-331.248, F.A.C. (2) An application for an individual permit shall …

Materials to include in an application for an individual permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application. (1) The application shall be made on Form 62-330.060(1), "Applicat…

(1) Within 30 days of receipt of an application for a permit in accordance with Rule 62-331.051, F.A.C., or receipt of any additional information provided by the applicant in response to the Agency's request for additional information, or within 15 days of receipt of an applicati…

In addition to the conditions in Rules 62-330.301 and 62-330.302, F.A.C., individual permits under this chapter are subject to the following conditions: (1) No dredge or fill activity shall be permitted if there is a practicable alternative to the proposed activity which would ha…

(1) Individual permits shall contain the general conditions for individual permits in subsection 62-330.350(1), F.A.C., as applicable, and any specific conditions necessary to assure that the activities will be conducted in compliance with this Chapter, and in a manner which mini…

(1) The Agency shall provide public notice, as described in subsection (2), below, within 10 days of the following: agency determination that an application for an individual permit or major modification is administratively complete; Agency notification to a permittee of revocati…

(1) Compliance with applicable state water quality standards shall be required for issuance of a permit. (2) Compliance with the Coastal Zone Management Program shall be required for issuance of a permit. (3) To ensure compliance with subsections (1) and (2), above, a verificatio…

Modification of permits shall be conducted in accordance with subsections 62-330.315(1) through (3), F.A.C., and section 6.2 of Volume I, as applicable. Suspension or revocation of permits shall be conducted in accordance with Section 373.429, F.S. In addition, modification, susp…

Unless revoked or otherwise modified, the duration of a permit under this chapter is: (1) General permits shall be effective for a fixed term not to exceed five years as provided in subsection 62-331.200(5), F.A.C. (2) The duration of individual permits shall be specified in each…

(1) Transfer of an individual permit shall be in accordance with Rule 62-330.340, F.A.C. The phrase "under this chapter" shall mean Chapter 62-331, F.A.C. (2) If the permittee sells the property associated with a general permit verification, the permittee shall transfer the gener…

(1) The Agency shall issue an emergency field authorization for dredge or fill activities to abate an emergency condition before a permit could be issued or modified under this chapter. "Emergency conditions" are defined as those that pose an imminent or existing serious threat o…

There shall be no additional fee charged for verifications, notices, applications, or permits under this chapter. 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 §373.4…

Compensatory mitigation shall be considered only after the requirements of subsection 62-331.053(1), F.A.C., have been met. Compensatory mitigation required for authorizations or compliance actions under this chapter shall be conducted in accordance with section 10.3 of Volume I,…

(1) Mitigation banks and in-lieu fee program instruments shall be reviewed and processed by the Corps in accordance with federal law. However, the Agency shall be responsible for issuing any permits required for dredge or fill activities needed to implement the mitigation bank or…

A valid formal determination completed in accordance with subsection 62-330.201(2), F.A.C., and Volume I, section 7.2 shall be accepted in an application for a permit. Editor notes: The effective date of the rule will be the effective date of assumption, which is the date identif…

(1) The general permits apply to those activities that do not otherwise qualify for an exemption under subsection 62-331.020(1), F.A.C., and that qualify under the general permit requirements in this section and within the specific general permit for which notice of intent to use…

(1) General permits shall be subject to the conditions in subsections (2) and (3), below, and the general conditions for all general permits in Rule 62-330.405, F.A.C., except subsections 62-330.405(7) and (10), F.A.C. The Agency may revise the general conditions in Rule 62-330.4…

(1) This general permit authorizes the following activities: (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR §330.3 as of July 1, 2019, inc…

(1) This general permit authorizes fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices (for research purposes only), and small fish attractio…

(1) This general permit authorizes the following activities: (a) Installation and removal of devices, whose purpose is to measure and record scientific data, such as staff gages, meteorological stations, water recording and biological observation devices, water quality testing an…

(1) This general permit authorizes the following activities: (a) Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transect…

(1) This general permit authorizes activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance w…

(1) This general permit authorizes the following activities: (a) Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in state-assumed waters, provided the activity does not result in the loss of greater than 1/2-ac…

(1) This general permit authorizes the following activities: (a) Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of…

(1) This general permit authorizes the following activities: (a) Activities required for crossings of state-assumed waters associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport…

(1) This general permit authorizes return water from an upland contained dredged material disposal area, when: (a) The return water will not adversely affect the quality of receiving waters such that the state water quality standards set forth in Chapters 62-4, 62-302, 62-520, an…

(1) This general permit authorizes dredging or filling associated with hydropower projects having: (a) Less than 5000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) unde…

(1) This general permit authorizes minor dredge or fill activities in state-assumed waters, provided the activity meets all of the following criteria: (a) The quantity of fill and the volume of material excavated do not exceed 25 cubic yards below the plane of the mean or ordinar…

(1) This general permit authorizes: (a) Activities conducted in response to a spill or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR Part 300 as of July 1, 2019, incorporated by reference he…

(1) This general permit authorizes temporary structures or minor dredging or filling required for the removal of wrecked, abandoned, or disabled vessels. (2) This general permit does not authorize maintenance dredging, shoal removal, or riverbank snagging. (3) The permittee must …

(1) This general permit authorizes activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by a federal agency or department, where: (a) That agency or department has determined, pursuant to the Council on Environmental Quality's implemen…

(1) This general permit authorizes the placement of fill material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and…

(1) This general permit authorizes the following activities: (a) Activities in state-assumed waters associated with the restoration, enhancement, and creation of non-tidal wetlands and riparian areas, the restoration and enhancement of streams and other open waters, provided thos…

(1) This general permit authorizes dredging or filling associated with the reversion of an area permitted under Corps Nationwide Permit 27, the general permit under Rule 62-331.225, F.A.C., or any other applicable ERP or Section 404 permit that specifically references reversion, …

(1) This general permit authorizes the following activities: (a) Dredge or fill activities in state-assumed waters for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. (b) The construction of building foun…

(1) This general permit authorizes the following activities dredging or filling in state-assumed waters and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site specific, wildlife management activities wher…

(1) This general permit authorizes the following activities: (a) Dredging or filling resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that: 1. Were previously …

(1) This general permit authorizes any structure, work, or activity remaining in place or undertaken for mitigation, restoration, or environmental benefit in compliance with either: (a) The terms of a final written Corps non-judicial settlement agreement resolving a violation of …

(1) This general permit authorizes the following activities: (a) Temporary structures, work, dredging, and filling, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is au…

(1) This general permit authorizes the following activities required for the construction of boat ramps, provided the activity meets all of the following criteria: (a) Fill in state-assumed waters does not exceed 50 cubic yards of concrete, rock, crushed stone or gravel into form…

(1) This general permit authorizes work done by or funded by: (a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR Part 624 (Jan. 1, 2019)); (b) The U.S. Forest Service under its Burned-A…

(1) This general permit authorizes the following activities: (a) Specific activities required to affect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regu…

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. (a) Att…