Fla. Admin. Code Ann. R. 40B-4.3010 - Works of the District Permits

The following Works of the District permits are required for the developments listed thereunder. Any activity not exempt under subsection 40B-4.1070(1), F.A.C., and exceeding the limitations set forth in this rule shall not be authorized.

(1) Noticed General Works of the District Permits shall be obtained for the following developments;

(a) Floating docks and access structures associated with floating docks as described below:

1. Floating docks and associated structures shall extend no more than 25 percent of the width of the waterbody, excluding dense areas of forested shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline;

2. The project shall not exceed one floating dock as described in paragraph one above per parcel as set forth in subparagraph 18-21.005(1)(c) 1., F.A.C. [2019].

(b) Construction or reconstruction of decks at the top of bank as described below:

1. The deck shall not exceed one foot above the average natural ground elevations within the area under and immediately adjacent to the deck;

2. The deck shall not exceed 200 square feet at the walking surface;

3. The deck shall not be enclosed, including screens, except for a structural roof;

4. Deck roofs shall have a lowest structural horizontal member at an elevation at least one foot above the 100 year flood/one percent annual chance of flood elevation;

5. Decks shall be built in a manner to minimize destruction of existing vegetation;

6. The reconstruction is considered altering or substantially improving a deck that was previously constructed pursuant to paragraph 40B-4.1070(1)(a), F.A.C. [2023].

(c) Non-residential structures or fill as described below:

1. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

2. Roofs on pole barns, pavilions, gazebos, and any other such structures shall be such that the lowest structural horizontal member of the roof is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

3. The area below the first floor of any non-residential structures shall meet the criteria in the code of federal regulations 44CFR 60.3(d), incorporate by reference in subsection 40B-4.1090(7), F.A.C.

4. Minor amounts of redistributed onsite material or fill material shall be placed above the natural grade and be less than or equal to 100 square feet of the cross-sectional area of the floodway.

(d) Driveways, sidewalks, and paths as described below:

1. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

2. Driving or walking surfaces shall be no more than more than one foot above the adjacent natural ground elevation at any point along the driveway or walking surface.

(e) Construction or reconstruction of boardwalks as described below:

1. All construction or reconstruction shall be landward of the top of bank.

2. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

3. The walking surface shall be no more than one foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk at any point along the boardwalk.

(f) Non-engineered "soft" shoreline erosion control alternatives as set forth in the Suwannee River Water Management District Shoreline Erosion Control Guide (2024).

(g) Decorative landscaping gardens with obstructions to flow that are less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

(h) Governmental projects which are solely for the restoration of natural resources or improvements to existing infrastructure which do not cumulatively result in an obstruction of more than 100 square feet of the cross-sectional area of the floodway.

(2) General Works of the District Permits shall be obtained, and a zero-rise analysis as defined in subsection 40B-4.1020(32), F.A.C. shall be provided for the following developments;

(a) Fixed docks meeting the same requirements as floating docks in subparagraphs 40B-4.3010(1)(a) 1.-2., F.A.C.

(b) Construction or reconstruction of decks at the top of riverbank greater than one foot above the average natural ground elevations within the area under and immediately adjacent to the deck meeting the requirements of subparagraphs 40B-4.3010(1)(b) 2.-6., F.A.C.

(c) Non-residential structures exceeding 100 square feet of cross-sectional area of the floodway meeting the requirements of subparagraphs 40B-4.3010(1)(c) 2.-4., F.A.C.

(d) Construction of residential structures elevated on piles without the use of fill such that the lowest structural member of the building is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

(e) Driveways, sidewalks, and paths greater than one foot above the adjacent natural ground elevation at any point along the driveway or walking surface meeting the requirements of subparagraph 40B-4.3010(1)(d) 1., F.A.C.

(f) Construction or reconstruction of boardwalks greater than one foot above the adjacent natural ground elevation at any point along the boardwalk meeting the requirements of subparagraphs 40B-4.3010(1)(e) 2.-3., F.A.C.

(g) Developments found in Sections 3 and 4 of the Suwannee River Water Management District Shoreline Erosion Control Guide (2024).

(h) Boat ramps, boat lifts, seawalls, retaining walls, rip-rap and other such structures which are landward from the top of bank and outside of the 75-foot setback from the top of bank.

(i) Boat lifts, seawalls, retaining walls, rip-rap and other such structures which are waterward from the top of bank.

(j) All projects which propose floats under a structure, landward of the top of bank.

(3) Individual Works of the District Permits shall be obtained for any development located on property that is classified as government-owned, institutional, recreational, commercial, or multi-family that meets the criteria of subsections 40B-4.3010(1) or (2), F.A.C., Parts II, III, and IV of Applicant's Handbook Volume II, and Chapter 62-330, F.A.C.

(4) An environmental resource permit is required for development in wetlands or other surface waters.

Notes

Fla. Admin. Code Ann. R. 40B-4.3010

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS.

New 9-25-85, Amended 3-19-86, 12-22-92, 10-18-04, 10-14-13, Amended by Florida Register Volume 50, Number 234, December 3, 2024 effective 12/15/2024.

New 9-25-85, Amended 3-19-86, 12-22-92, 10-18-04, 10-14-13.