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Submerged Lands and Environmental Resources Rulemaking Priorities 2012-2014

 

 

 

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

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 Notice Rule Development on 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, and 2013-2014. Will have to publish a new NRD .

Last Updated: March 31, 2014

62-113.100
Delegation of ERP to Miami Dade County

(05-2688)

New! Incorporate by reference an Operating Agreement to delegate a portion of the ERP permitting, enforcement, and compliance program to MDC.

New! Krystle Hoenstine,
Doug Fry,
Matt Davis
Susan Martin

New! Received request for delegation 3/07. Published NRD 8/17/07. Held workshop 10/9/07. Drafted and revised Agreement. Published second Notice Rule Development on 9/25/09. Miami-Dade County Commission reviewed 2/2010. On hold. Included in Regulatory Plan 2012. Not in 2013-2014 Regulatory Plan. Have requested MDC to withdraw the petition until ready to pursue delegation.

Last Updated: March 31, 2014

New! 62-342
Mitigation Banks (14-0014)

New! Correct citations and references resulting from amendments to the statewide Environmental Resource Permitting rule Chapter 62-330, F.A.C., effective 10/1/13, and repeal of rules in Chapter 62-312, F.A.C., and repeal of Chapters 62-343 and 62-346, F.A.C., effective 11/25/13.

Alice Heathcock
Krystle Hoenstine

New! Published a Notice Rule Development for 62-342 F.A.C. on 3/31/14.

Last Updated: March 31, 2014

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 5/3/13; held a public workshop 6/26/13; and 12/19/13.

Last Updated: March 31, 2014


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

Rule Title

Description

Staff Contacts/ Drafts

Status

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,
Doug Fry,
Krystle Hoenstein

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. Published Notice of Rule Development on 2/26/14; will hold public workshop April 1.

Last Updated: March 31, 2014

62-330.420
Environmental Resource General Permit for Public Mooring Fields
(13-1117)
Adoption of a new GP for public mooring fields serving a max of 100 vessels, including associated courtesy docks and upland parking. The GP must be exclusively for the general public; comply with Part IV of Ch. 373, F.S.; incorporate a state programmatic general permit issued by the USACE; be consistent with the local government manatee protection plan; and have Clean Marina Program status. Includes Board of Trustees leases. Will amend 18-21.0051 to add a delegation from the Board of Trustees for mooring fields that meet the GP. (HB 999 modified 373.118(4), F.S., 7/1/13)

Tim Rach
Alice Heathcock
Krystle Hoenstine

Published a Notice of Rule Development on 9/4/13. Will announce future workshop/webinar to begin developing a draft rule.

Last Updated: March 31, 2014

New! 62-330.633
Environmental Resource General Permit for Aquatic Restoration

New! DEP and FWC will develop a draft BMP manual for Aquatic Restoration activities, with the intention that certain BMPs will become the basis for a new SWERP general permit issued to the FWC for aquatic restoration activities.

Doug Fry,
Andy May,
Richard Musgrove,
(Fish and Wildlife Commission),
Krystle Hoenstine

New! A work group has ben formed to draft a  general permit. Approval to publish a Notice of Rule Development will be prepared after the workgroup develops an initial draft .

Last Updated: March 31, 2014

 

The above information is maintained on the Division of Water Resources web for on-going Rule Amendments at http://www.dep.state.fl.us/water/rules_dr.htm#erp.


 

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: March 12, 2014

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