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Submerged Lands and Environmental Resources Rulemaking Priorities 2014-2015

 

 

 

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,
Div. State Lands,
West Gregory

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. Not included in 2014-2015 Plan. Will have to publish a new NRD .

Last Updated: October 1, 2014

62-113.100
Delegation of ERP to Miami Dade County

(05-2688)

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

Andy May,
Krystle Hoenstine,
Matt Davis
Susan Martin

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: October 1, 2014

62-312.900
Mitigation Banks (14-0014)

Repeal Rule 62-312.900 and the six forms incorporated therein. The forms have either been replaced by forms in the statewide ERP rule chapter 62-330 or are no longer needed.

Alice Heathcock
Krystle Hoenstine

New! A Notice of Proposed Rule to Repeal for 62-312.900 was published 10/1/14.  

Last Updated: October 1, 2014

62-342
Mitigation Banks (14-0014)

 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! Included in the Regulatory Plan 2012-13. Published a Notice Rule Development for 62-342 F.A.C. on 3/31/14.  Published a Notice of Proposed Rule for 62-342 on 6/17/14. Published a Notice of Change for 62-342 on 9/15/14. Next step is to file the rule.

Last Updated: October 1, 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

New! 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; next will review results and develop draft rule by mid-October 2014.  

Last Updated: October 1, 2014


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

New! 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: October 1, 2014

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. 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 October 2014.  .

Last Updated: October 1, 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 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)

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.

Last Updated: October 1, 2014

62-330.633
Environmental Resource General Permit for Aquatic Restoration

 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.

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

Not included in Regulatory Plan 2014-2015. A work group has been formed to consider the scope and feasibility for a general permit.

Last Updated: October 1, 2014

62-330, Applicant’s Handbook, Volume I, section 10.2.8
Environmental Resource Permit procedures for Coastal Cumulative Impacts
DEP, the WMDs, and FWC are coordinating on the development of procedures to streamline cumulative impact reviews in coastal and estuarine waters.

Andy May,
(Fish and Wildlife Commission)
Krystle Hoenstine

Not included in the Regulatory Plan 2014-2015. Rule proposal is not yet ready for a Notice of Rule Development.

Last Updated: October 1, 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: August 01, 2014

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