Florida Administrative Code

(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…

(1) This general permit authorizes the following activities: (a) Dredging and filling in state-assumed waters for agricultural activities, including the construction of building pads for farm buildings. Authorized activities include the installation, placement, or construction of…

(1) This general permit authorizes dredging or filling in state-assumed waters, excluding non-tidal wetlands adjacent to tidal retained waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in state-assumed waters, for the purpo…

(1) This general permit authorizes the following activities: (a) Dredging or filling in state-assumed waters for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this general permit include playing fields (e.g…

(1) This general permit authorizes the following activities: (a) Dredging or filling in state-assumed waters for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; (b) The co…

(1) This general permit authorizes dredging or filling in state-assumed waters for mining activities, provided the activity meets all of the following criteria: (a) For mining activities involving dredging or filling in wetlands, the activity must not cause the loss of greater th…

(1) This general permit authorizes the following activities: (a) Dredging or filling in state-assumed waters for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events. (b) Bank stabilization to protect the restored uplands.…

(1) This general permit authorizes activities in ditches that: (a) Are constructed in uplands, (b) Receive water from an area determined to be a water of the United States prior to the construction of the ditch, (c) Divert water to an area determined to be a water of the United S…

(1) This general permit authorizes the following activities: (a) Dredging or filling in state-assumed waters for new and continuing commercial shellfish aquaculture operations in authorized project areas. For the purposes of this general permit, the project area is the area in wh…

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features. (a) Such facilities include infrastructure to collect solar (concent…

(1) This general permit authorizes dredging or filling in state-assumed waters for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features. (…

(1) This general permit authorizes structures, work, dredging, and filling associated with the removal of low-head dams. For the purposes of this general permit, the term "low-head dam" is defined as a dam built across a stream to pass flows from upstream over all, or nearly all,…

(1) This general permit authorizes activities required for the construction of Florida Department of Transportation (FDOT) and Florida's Turnpike Enterprise (FTE) projects, with a Federal Highway Administration (FHWA) and/or FDOT approved Environmental Document (PD&E, Categorical…

(1) This rule's intent is to provide a unified statewide methodology for the delineation of the extent of wetlands and surface waters to satisfy the mandate of Section 373.421, F.S. This delineation methodology is intended to approximate the combined landward extent of wetlands a…

When used in this chapter, the following terms shall mean: (1) "Aquatic plant" means a plant, including the roots, which typically floats on water or requires water for its entire structural support, or which will desiccate outside of water. (2) "Canopy" means the plant stratum c…

The landward extent (i.e., the boundary) of wetlands as defined in subsection 62-340.200(19), F.A.C., shall be determined by applying reasonable scientific judgment to evaluate the dominance of plant species, soils, and other hydrologic evidence of regular and periodic inundation…

Dominance of plant species, as described in paragraphs 62-340.300(2)(a) and 62-340.300(2)(b), F.A.C., shall be determined in a plant stratum (canopy, subcanopy, or ground cover). The top stratum shall be used to determine dominance unless the top stratum, exclusive of facultative…

(1) Obligate Species: Scientific Name Common Name Acer saccharinum maple, silver Acoelorraphe wrightii palm, paurotis Acrostichum spp. leather fern Aeschynomene pratensis joint-vetch, meadow Agalinis linifolia false-foxglove, flax-leaf Agalinis maritima false-foxglove, saltmarsh …

The indicators below may be used as evidence of inundation or saturation when used as provided in Rule 62-340.300, F.A.C. Several of the indicators reflect a specific water elevation. These specific water elevation indicators are intended to be evaluated with meteorological infor…

A wetland delineation using the methodology described above, can be refuted by either reliable hydrologic records or site specific hydrologic data which indicate that neither inundation for at least seven consecutive days, nor saturation for at least twenty consecutive days, occu…

(1) For the purposes of Section 373.421, F.S., surface waters are waters on the surface of the earth, contained in bounds created naturally or artificially, including, the Atlantic Ocean, the Gulf of Mexico, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, ri…