Fla. Admin. Code Ann. R. 62-330.056 - Other Conceptual Approval Permits

(1) A conceptual approval permit is available for an applicant who desires approval of design concepts for a master or future plan to construct, alter, operate, maintain, remove, or abandon projects that require an individual permit under this chapter. This includes activities that are to be developed in phases, such as phased development master plans and projects for which an Application for Development Approval has been made pursuant to part I of chapter 380, F.S., and whenever an applicant has not yet developed detailed design or construction plans for a future activity.

(2) A conceptual approval permit does not authorize any construction, alteration, operation, maintenance, removal, or abandonment, or the establishment and operation of a mitigation bank. Issuance of a conceptual approval permit does not relieve the holder of such a permit of any requirements to obtain a permit to construct, alter, operate, maintain, remove, or abandon projects that require a permit under this chapter, or to establish and operate a mitigation bank.

(3) An application for a conceptual approval permit shall be prepared and submitted using the procedures in Rule 62-330.060, F.A.C., and sections 4.2.3, 4.2.3.1, 4.3, and 4.4 of Volume I. An application for conceptual approval for a mitigation bank also shall include the materials required by Chapter 62-342, F.A.C.

(4) The application shall be reviewed and acted on in accordance with this section, Rules 62-330.062, 62-330.071, 62-330.075, 62-330.090, 62-330.301, and 62-330.302, F.A.C., and the Applicant's Handbook. Agency review and action also shall be in accordance with Chapter 62-342, F.A.C., when the conceptual approval application involves a mitigation bank.

(5) An application for a conceptual approval permit may include a request for a permit to construct and operate the first phase of the activities. In such a case, a separate application and processing fee to construct and operate the first phase shall not be required. In all other cases, an individual permit to construct, alter, operate, maintain, remove, or abandon projects authorized by the conceptual approval permit must be obtained prior to initiating such activities.

(6) Any delineation of wetlands or other surface waters submitted as part of the conceptual approval permit application, including supporting documentation, shall not be considered binding unless a specific condition of the permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise.

(7) Issuance of a conceptual approval permit is a determination that the conceptual plans are, within the extent of detail provided in the conceptual approval permit application, consistent with applicable rules at the time of issuance. A conceptual approval permit provides the conceptual approval permit holder with a rebuttable presumption, during the duration of the conceptual approval permit, that the engineering design and scientific principles upon which the conceptual approval permit are based (within the extent of detail provided in the conceptual approval permit) are likely to meet applicable rule criteria for issuance of permits for subsequent phases of the project, provided all of the following are met at the time of receipt of a complete application to construct or operate the future phases:

(a) The application to construct and operate the future phases remains consistent with the designs and conditions of the issued conceptual approval permit. Primary areas for consistency comparisons include the size, location and extent of the activities proposed, the type and nature of the activities, percent imperviousness, allowable discharge and points of discharge, location and extent of wetland and other surface water impacts, mitigation plans implemented or proposed, control elevations, extent of stormwater reuse, detention and retention volumes, and the extent of flood elevations.

If an application for construction of any portion of the land area contained within the conceptual approval permit is based upon designs that are inconsistent with the conceptual approval permit, the application will be reviewed to determine the extent to which the inconsistency will affect the designs and conditions for the remainder of the lands contained in the conceptual approval permit. If the inconsistency will materially affect those designs and conditions, then the applicant must demonstrate that the holder of the conceptual approval permit agrees to that inconsistency. In such a case, the holder of the conceptual approval permit may:

1. Modify the conceptual approval permit to conform to the revised design;

2. Abandon reliance on the conceptual approval permit; or

3. Rely on those portions of the conceptual approval permit for only those areas that were not affected by the inconsistency.

(b) There are no changes to state water quality standards, that would be affected by activities authorized in the conceptual approval permit that have not already been authorized for construction or operation.

(c) There have been no amendments to Florida law governing special basin criteria that would affect future activities authorized by the conceptual approval permit that have not already been authorized for construction.

(d) There are no substantive changes in the site characteristics that would affect whether the design concepts approved in the conceptual approval permit can continue to be reasonably expected to meet the conditions for authorizing construction of future phases. This shall include such things as designation of an affected waterbody as impaired, changes in the designation of listed species, and changes to nesting, denning, and critical designation status of listed species that exist within the lands served by the project area.

(8) If changes are proposed to the design of existing or future phases, or where there have been changes to state water quality standards, special basins, or site characteristics as described in paragraphs (7)(a) through (d), above, during the duration of a conceptual approval permit, the applicant must modify the conceptual approval permit if it wishes to continue to rely on it as a basis that reasonable assurance exists for the Agency to issue future construction or operation permits under the terms and conditions of this section. If the permittee fails to do this, the conceptual approval permit can no longer be relied upon as a basis, in part or whole, under which permits to construct or operate future phases will be issued, and the Agency will reevaluate the terms and conditions of the conceptual approval permit at the time a permit application is received to construct the next phase of activities included in the original conceptual approval permit, or at the next requested extension of the conceptual approval permit duration in accordance with subsection 62-330.056(11), F.A.C., whichever occurs first.

(9) The duration of a conceptual approval permit, other than for urban infill and redevelopment, is 20 years, provided a permit under this chapter is issued for the initial phase of construction or alteration, the authorized construction or alteration has begun within five years of the date the conceptual approval permit was issued, and the work remains in compliance with the terms and conditions of both the conceptual approval permit and all permits authorizing construction or alteration. The time periods of this subsection will be tolled if the reviewing agency is notified in writing, within five years of issuance of the conceptual approval permit, that administrative review under either of the following is pending:

(a) The project approved by the conceptual approval permit is undergoing Development of Regional Impact review pursuant to Section 380.06, F.S., and an administrative appeal of that review has been filed; or

(b) The issuance of the construction permit for the first phase is under administrative review pursuant to Section 120.569 or 120.57, F.S.

If notice is given as provided above, the five-year time period for obtaining a permit and commencing construction shall be tolled until the date of final action resolving such administrative appeal or review, including any judicial review.

(10) If a permit for construction or alteration of the initial phase is not obtained from the Agency and construction commenced within five-years of issuance of the conceptual approval permit, the conceptual approval permit will expire five years from its date of issuance.

(11) Prior to expiration of the conceptual approval permit, the permittee may submit a request to modify its duration. However, the application will be reviewed in consideration of the factors in subsections 62-330.056(7) and (8), F.A.C., at the time of submittal of each request to extend the duration and each subsequent permit application to construct another phase of the projects under the conceptual approval permit. Where substantive changes in the design are proposed by the applicant, or are required to address the factors in paragraphs (7)(b) through (d), above, the permittee must submit an application for a major modification of the conceptual approval permit, which must be approved prior to the Agency issuing a permit to construct or alter future phases.

(12) A permit under this chapter shall not be required to construct or alter projects consistent with a conceptual approval permit issued under Part IV of Chapter 373, F.S., prior to October 1, 2013; such construction or alteration shall continue to be governed by the rules in effect prior to October 1, 2013, unless modifications are proposed that will require a permit under this chapter in accordance with subsection 62-330.315(4), F.A.C.

(13) Conceptual approvals for ports are available under Section 373.4133, F.S.

Notes

Fla. Admin. Code Ann. R. 62-330.056

Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.4145, 373.416, 373.418, 373.426 FS.

New 10-1-13, Amended by Florida Register Volume 44, Number 085, May 1, 2018 effective 6/1/2018.

New 10-1-13, Amended 6-1-18.