Fla. Admin. Code Ann. R. 62-330.201 - Determinations of the Landward Extent of Wetlands and Other Surface Waters
(1) For any application
that requires a determination or assessment of the landward extent of wetlands
and other surface waters pursuant to section 7.1 of Volume I, Agency staff
shall use Form 62-330.201(1),
"Chapter 62-340, F.A.C., Date Form", (December 22, 2020), incorporated by
reference by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12037),
as described in Volume I section 7.1.1, to document verification of
determinations of the landward extent of wetlands and other surface waters for
formal determinations and for applications for individual and conceptual
approval permits. The "Chapter 62-340, F.A.C., Data Form Guide" in Appendix J
of Volume I, and the "Chapter 62-340, F.A.C., Data Form Instructions" in
Appendix K of Volume I, is available to assist staff in completion of the form,
and to assist other environmental professionals in performing delineations.
(a) For the delineation of the landward
extent of wetlands and other surface waters, at least one data point along the
delineation boundary shall be verified and documented by the Agency during the
visual site inspection pursuant to subsection
62-340.100(1),
F.A.C. A delineation data point will be documented for each homogenous boundary
within the site inspection area. One delineation data point representative of
homeogeneous boundaries found in other locations throughout the site is
sufficient for documentation. Documentation of a delineation data point shall
include two data forms: one representative of the waterward area adjacent to
the data point, the other representative of the landward or upland area
adjacent to the data point. The two complete data forms at the delineation data
point will document failure or satisfaction of all methodology criteria
pursuant to Chapter 62-340, F.A.C., and charges in evidence used to determine
the boundary delineation at that point.
(b) For identification or conclusions
regarding the absence or presence of a non-wetland surface water, wetland, or
upland classification by the Agency within the site inspection area, at least
one data point within homogenous areas of classification shall be verified and
documented by the Agency during the visual site inspection pursuant to
subsection 62-340.100(1),
F.A.C. One data point representative of homogeneous areas found in other
locations throught the site is sufficient for documentation. Documentation of
an identification data point shall include one data form representative of the
area of classification. The data form at an identification data point will
document failure or satisfaction of all methodology criteria pursuant to
Chapter 62-340, F.A.C., and evidence used to determine the upland, wetland, or
non-wetland surface water classification.
(2) Formal determinations.
(a) A real property owner, an entity having a
contract to purchase real property, an entity having the power of eminent
domain, or any other person who has legal or equitable interest in real
property, may petition the Agency for a formal determination of the landward
extent of wetlands and other surface waters for that property pursuant to
Section 373.421(2),
F.S. A formal determination means the Agency will make a binding determination
of the landward extent (boundaries) of wetlands and other surface waters as
defined by Chapter 62-340, F.A.C. A formal determination is binding on the real
property for which that determination is sought for as long as the
determination is valid, in accordance with Sections
373.421(2) and
(3), F.S. If the petitioner is not the owner
of the land, the petitioner must provide the Agency with information sufficient
to contact the current owner, and the Agency shall provide notice of receipt of
the petition to the landowner.
(b)
Procedures for the submittal, review, noticing, and action on a petition for a
formal determination are contained in sections 7.2 through 7.2.7 of Volume I.
The petition shall be submitted using Form
62-330.201(2),
"Petition for a Formal Determination of the Landward Extent of Wetlands and
Other Surface Waters, " (December 22, 2020), incorporated by reference herein
(https://www.flrules.org/Gateway/reference.asp?No=Ref-12038).
It shall be submitted with the fee prescribed in rule
62-330.071,
F.A.C.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.421(2), 403.0877 FS. Law Implemented 120.54(5)(a), 373.026, 373.4131, 373.421(2), 373.441 FS.
New 7-4-95, Amended 8-14-96, 8-16-98, 2-19-03, Formerly 62-343.040, Amended 10-1-13, 6-1-18, 12-22-20.
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