Implementation
of the Environmental Resource Permit Program and the
program that authorizes uses of submerged lands owned by
the State involves several Florida
statutes and a number of rules
of the Department, including certain rules of the water
management districts that have been adopted for use by
the Department.
|
Rule Title |
Description |
Staff
Contacts/ Drafts |
Status |
18-21.004
Dock Design(08-2795) |
Add criteria for authorizing fish cleaning stations and
other minor non-water dependent uses over state-owned
submerged land. |
Tim Rach,
Alice Heathcock,
|
Published NDR 5/1/09; held workshop 5/15/09. Withdrawn from the 12/8/09 Board of
Trustees Agenda. On Hold. Not included in Regulatory Plan 2012.
Last Updated: May 8, 2013 |
18-21.0051
Delegation of Authority
(11-0594) |
Increase the number of
projects that can be authorized by districts rather than
the BOT by deleting the slip threshold and increasing
the preempted area threshold from 50,000 square feet to
150,000 square feet. Projects of heightened public
concern would continue to require final action by the
BOT. |
Tim Rach,
Alice Heathcock,
|
The BOT approved changes to delegations and initiating
rulemaking on 4/5/11. OFARR had no comments 8/22/11.
Published a NDR 9/2/11. Next step is to request the BOT
approve the proposed rule and to publish a NPR. On
Hold. Included in Regulatory Plan 2012.
Last Updated: May 8, 2013 |
62-4.001, .050, .200
SWERP Permit Fees
(12-1507) |
To amend the Environmental Resource Permit fees used by
DEP in Chapter 62-4, F.A.C., Permits. These amendments
are associated with the “Statewide ERP” (SWERP) amendments to
Chapter 62-330, F.A.C., as directed by Section 373.4131,
F.S. Also, will need to amend the fees by March 1,
2013, to adjust for the Consumer Price Index (see
62-4.005(4)(z), F.A.C.) |
Andy May
Hillary Powell
|
Published a Notice of Rule Development for .050 on 1/15/13. Rule
workshop/webinar was held 1/30/13 in conjunction with
62-330 SWERP rule. Published NRD for .001 and .200
on 5/3/13. Published NPR for all three sections.
Last Updated: May 8, 2013 |
62-113.100
Incorporate NWFWMD Operating Agreement
(12-1416) |
Incorporate the Operating Agreement
between the Northwest Florida Water Management District
and DEP into Rule 62-113.100, F.A.C. The agreement is
currently incorporated in Ch. 62-346, F.A.C., but it
will probably be amended or repealed as part of the
Statewide ERP rulemaking. The Op Agree will be amended
to reflect that all military applications go to DEP per
a blanket special case agreement. |
Hillary Powell
Alice Heathcock
|
Published Notice of Rule Development on 9/21/12. Public
Workshop will be 2/27/13. Published a NPR 5/2/13.
Last Updated: May 8, 2013 |
62-113.100
Delegation of ERP to Miami Dade County(05-2688) |
Incorporate by reference an
Operating Agreement between the DEP, the SFWMD and
the County that delegates a portion of the ERP
permitting, enforcement, and compliance program in uplands
and wetlands within a designated boundary. However,
projects within CERP project
boundaries, including SSL and certain other activities,
will not be delegated. S 1752 amendments to 373.441
requires amending the draft Delegation Agreement to
combine activities proposed to be delegated by the SFWMD
and DEP. |
Doug Fry,
Stacey Cowley,
Matt Davis
Susan Martin
|
Received request for delegation 3/07. Published NDR 8/17/07.
Held workshop 10/9/07. Drafted and revised Agreement. Published second NDR 9/25/09. Miami-Dade County Commission
reviewed 2/2010. On hold for a period; revised DEP’s and
SFWMD’s agreements into one delegation. MDC is reviewing the
revised agreement. Included in Regulatory Plan 2012.
Last Updated: May 8, 2013 |
62-330
Statewide ERP
(12-1058) |
Adoption by DEP of a "statewide ERP rule" Will improve
permitting consistency and simplify regulations for the
public by establishing uniform, statewide ERP criteria,
including criteria governing statewide stormwater
quality to reduce nutrient loading; rule would include
provisions for basin-specific criteria and address
physical and natural variability throughout the state.
Includes amendments to fees, forms and adoption of an
Applicant’s Handbook in two volumes.
|
Doug Fry,
Andy May,
Hillary Powell,
Betsy Hewitt,
(Each WMD)
|
(HB 7003) Section 373.4131, F.S., created by Chapter
2012-94, LOF, effective 7/1/12, authorized rulemaking that will be implemented
by DEP and the WMDs without further rulemaking by the WMDs. Notice of Rule
Development published 6/22/12. Held public workshops (via webinar and at various
locations) on 7/26, 8/7, 8/16, 9/20/12. Held a workshop /webinar 12/14/12. Held
workshop for AH II and 62-4 (Permit Fees) on 1/30/13. Held last workshop on the
rule, handbooks, and 62-113 (Operating Agreement with NWFWMD) on 2/27/13.
Published NPR 4/12/13; hold Hearing on 5/6/13.
Last Updated: May 8, 2013 |
62-330
Noticed General Environmental Resource Permit for the
West Coast Inland Navigation District in Charlotte
County |
Adoption of a new NGP to streamline permitting of
maintenance dredging of public navigation channels and
canals within Charlotte County. Will meet WCIND statutory requirements, while having
minimal adverse individual and cumulative impact. Will
reduce regulatory burdens, save money, and enhance
navigation for the public. |
Doug Fry
Hillary Powell |
Materials needed to adopt this NGP are under development
by the WCIND and Florida Sea Grant. Rule development is
on hold until those materials are prepared. Was tentatively
planned to be addressed in the 62-330 statewide ERP
rulemaking, but will need separate rulemaking following
adoption of the statewide rule.
Last Updated: May 8, 2013 |
62-330.449
General Environmental Resource Permit for Airport
Airside Surface Water Management Systems |
Adoption of a new GP for construction, operation,
maintenance, alteration, abandonment or removal of
airport airside surface water management systems. The
NGP was requested by the FDOT and the FAA, and has been
under development in coordination with the WMDs. It will
streamline permitting, reduce regulatory burdens, save
money, and enhance airport safety and stormwater quality
and quantity. |
Richard Musgrove,
Doug Fry
Hillary Powell |
HB 599 passed in the 2012 session and became effective
7/1/12. It requires DEP to initiate rulemaking to adopt a
general permit that can be implemented by WMDs without their
having to do rulemaking. The GP is addressed
in the 62-330 statewide ERP rulemaking.
Last Updated: May 8, 2013 |
62-345
Uniform Mitigation Assessment Method
(13-0913) |
Amend rule and forms for clarity and
consistency. Clarify use of preservation as mitigation,
quantify functions provided by surrounding upland
communities, assess Location and Landscape Support
functions, determine time-lag and risk factor, and
classify altered and artificial sites. Clarify method
for assessing seagrass, hardbottom and other submerged
communities. Revise forms to better track steps and
long-term wetland functional losses and gains. |
John Humphreys
Hillary Powell
|
Included in Regulatory Plan 2012.
Published a Notice of Rule Development 5/3/13; will hold a public workshop
6/26/13.
Last Updated: May 8, 2013 |
2012 State of Florida