Fla. Admin. Code Ann. R. 62-330.020 - Regulated Activities
(1) A permit
under this chapter is not required for activities that qualify for:
(a) Operation and routine custodial
maintenance of projects legally in existence under Chapter 403 or Part IV of
Chapter 373, F.S., provided the terms and conditions of the permit, exemption,
or other authorization for such projects continue to be met, and provided the
activity is conducted in a manner that does not cause violations of state water
quality standards. However, this exemption shall not apply to any project that
is altered, modified, expanded, abandoned, or removed;
(b) An exemption listed in Rule
62-330.051 or
62-330.0511, F.A.C., or in
section 1.3 (District-specific exemptions) of the applicable Volume
II;
(c) The "grandfathering"
provisions of Section
373.4131(4),
373.414(11), (12)(a), (13), (14), (15), or
(16), F.S.; or
(d) The "10/2" general permit for upland
stormwater systems authorized in Section
403.814(12),
F.S.
(2) Unless the
activity qualifies under subsection (1), above, a permit is required prior to
the construction, alteration, operation, maintenance, removal, or abandonment
of any project that, by itself or in combination with an activity conducted
after October 1, 2013, cumulatively results in any of the following:
(a) Any project in, on, or over wetlands or
other surface waters;
(b) A total
of more than 4, 000 square feet of impervious and semi-impervious surface areas
subject to vehicular traffic;
(c) A
total of more than 9, 000 square feet of impervious and semi-impervious surface
area;
(d) A total project area of
more than five acres;
(e) A
capability of impounding more than 40 acre-feet of water;
(f) Any dam having a height of more than 10
feet, as measured from the lowest elevation of the downstream toe to the dam
crest;
(g) Any project that is part
of a larger common plan of development or sale;
(h) Any dry storage facility storing 10 or
more vessels that is functionally associated with a boat launching
area;
(i) Any project exceeding the
thresholds in section 1.2 (District-specific thresholds) of the applicable
Volume II, or
(j) Any modification
or alteration of a project previously permitted under Part IV of Chapter 373,
F.S.
(3) Construction and
operation of projects under subsection (2), above, are subject to the
additional limitations in paragraph 3.1.4(f) of Volume I.
(4) The following types of permits are
available:
(a) A general permit, as provided
in Rule 62-330.052, F.A.C., and Rules
62-330.410 through
62-330.635, F.A.C.;
(b) An individual permit, as provided in Rule
62-330.054, F.A.C.;
and,
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.118, 373.409, 373.413, 373.4131, 373.4132, 373.4145, 373.416, 373.426, 403.0877 FS.
New 10-1-13, Amended 6-1-18.
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