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Submerged Lands and Environmental Resources Rulemaking Priorities 2014-2015

 

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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. If you would like to get on our email list for rule updates, please see our Interested Parties Mailing List sign-up page.

 

General Submerged Lands and Environmental Resources Rule Development

Rule Title

Description

Staff Contacts/ Drafts

Status

New! 62-342.700
Financial Responsibility
(15-0140)
New! To allow mitigation banks to use alternative methods of demonstrating financial responsibility. Current mechanisms in the rule would remain available.

SLERC and MMP
John Humphreys,
Connie Bersok,
Vicki Tauxe

New! Published a Notice of Rule Development for April 17, 2015. Expect to publish a Notice of Workshop in June.

Last Updated: May 29, 2015

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
Krystle Hoenstine

Included in Regulatory Plan 2012-2013. Published a Notice of Rule Development for 62-345 on 5/3/13; held a public workshop 6/26/13; and 12/19/13. Completed field-testing of draft UMAM scoring worksheets 7/1/14; presented results and draft rule at a public workshop on February 5, 2015.  Next step is request to publish a Notice of Proposed Rule.

Last Updated: May 29, 2015


Rule Development for Statewide ERP Rule (Chapter 62-330 F.A.C.)

Rule Title

Description

Staff Contacts/ Drafts

Status

62-330
Statewide ERP Phase 2
(14-0376)
SWERP Phase 2 “glitch” rule. Amend the rule and Applicant’s Handbook and forms to incorporate streamlining measures; revise the Joint Application to add USACE information items; and make minor corrections.

Andy May,
Krystle Hoenstine
NWFWMD,
SRWMD,
SJRWMD,
SWFWMD,
SFWMD

Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is not in the 2014-2015 Plan. Published a Notice of Rule Development on 9/3/14, and held a Public Workshop webinar on 9/19/14.

Last Updated: May 29, 2015

62-330.411
Environmental Resource General Permit for the West Coast Inland Navigation District in Charlotte County
(13-1285)
Adoption of a new GP 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.

Andy May,
Lucy Blair,
Krystle Hoenstein

New! Materials needed to adopt this GP are under development by the WCIND and Florida Sea Grant. Decided to conduct separate rulemaking after the 62-330 statewide ERP became effective 10/1/13. Not included in Regulatory Plans for 2013-14 or 2014-15. Published Notice of Rule Development on 2/26/14; held two public workshops April 1 in Punta Gorda. Next step is to request to publish a Notice of Proposed Rule in June 2015.   

Last Updated: May 29, 2015

62-330.420
Environmental Resource General Permit for Public Mooring Fields
(13-1117)
Adoption of a new GP for public mooring fields serving a maximum of 100 vessels, including associated courtesy docks. The GP must be exclusively for the general public; comply with Part IV of Ch. 373, F.S., and be consistent with the local government manatee protection plan. Includes delegation to issue leases from the Board of Trustees for mooring fields that meet the GP. (HB 999 modified 373.118(4), F.S., 7/1/13)

New! Tim Rach
Alice Heathcock
Krystle Hoenstine

New! Published a Notice of Rule Development on 9/4/13. Held a workshop-webinar on 6/20/14. Staff revised the draft rule based on workshop comments and distributed it to interested parties on 8/27/14. Staff is considering new comments received, then will distribute a revised draft. Revised draft rule and example plans dated 12/19/14 are being distributed. Next step is to request publishing a Notice of Proposed Rule in June 2015.

Last Updated: May 29, 2015

 

The above information is maintained on the Division of Water Resources web for on-going Rule Amendments.


 

Adopting Body: Board of Trustees (BOT) for Chapter 18 Rules; DEP Secretary (SEC) for Chapter 62 Rules

Acronyms Used

  • DEP - Department of Environmental Protection
  • ERP - Environmental Resource Permit
  • FAW -Florida Administrative Weekly
  • SEC - DEP Secretary
  • JAPC - Joint Administrative Procedures Committee
  • NDR - Notice of Development of Rule
  • NGP - Noticed General Permit
  • NOC - Notice of Change
  • NPR - Notice of Proposed Rule
  • OFARR - Office of Fiscal Accountability & Regulatory Reform
  • SSL - Sovereignty Submerged Lands
  • WMD -Water Management District
  • WRP - Wetland Resource Permit

Links for Specific Rule Information

Last updated: June 30, 2015

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