(1) This general permit authorizes the
following activities:
(a) Dredge or fill
activities in state-assumed waters for the construction or expansion of a
single residence, a multiple unit residential development, or a residential
subdivision.
(b) The construction
of building foundations and building pads and attendant features that are
necessary for the use of the residence or residential development. Attendant
features may include but are not limited to roads, parking lots, garages,
yards, utility lines, storm water management facilities, septic fields, and
recreation facilities such as playgrounds, playing fields, and golf courses
(provided the golf course is an integral part of the residential
development).
(2) The
activity is subject to the following conditions:
(a) The activity must not cause the loss of
greater than 1/2-acre of state-assumed waters.
(b) The activity must not cause the loss of
more than 300 linear feet of stream bed, unless for intermittent and ephemeral
stream beds the Agency waives the 300 linear foot limit by making a written
determination concluding that the activity will result in no more than minimal
adverse environmental effects.
(c)
The loss of stream bed plus any other losses of state-assumed waters caused by
the activity cannot exceed 1/2-acre.
(d) For residential subdivisions, the
aggregate total loss of state-assumed surface waters authorized by this general
permit cannot exceed 1/2-acre. This includes any loss of state-assumed waters
associated with development of individual subdivision lots.
(3) This general permit does not authorize:
(a) Dredging or filling in non-tidal wetlands
adjacent to tidal retained waters.
(b) Activities in Golden Gate Estates, south
of Alligator Alley in Collier County.
(c) Activities in the Belle Meade South area
bounded by I-75 to the north, CR 951 to the west, Miller Canal to the east, and
U.S. 41 to the south in Collier County.
(d) Activities in the Florida panther
consultation area (south of the Caloosahatchee River) as defined in the Florida
panther effect determination key, incorporated by reference herein (
https://flrules.org/Gateway/reference.asp?No=Ref-12047),
and also available at
https://www.fws.gov/verobeach/MammalsPDFs/20070219LetterSFESOtoCOEPantherKey.pdf.
(4) The permittee must submit a notice of
intent to use this general permit to the Agency prior to commencing the
activity.
Editor notes:
The effective date of the
rule will be the effective date of assumption, which is the date identified by
EPA as published in the Federal Register ยง
373.4146,
F.S.
Notes
Fla. Admin.
Code Ann. R. 62-331.227
Rulemaking Authority 373.026(7), 373.043,
373.118 (1), 373.4131,
373.414(9), 373.4145, 373.4146(2), 403.805(1) FS. Law Implemented 373.118,
373.129,
373.136,
373.413,
373.4131,
373.414,
373.4145,
373.4146,
373.416,
373.422,
373.423,
373.429
FS.
Adopted by
Florida
Register Volume 46, Number 117, June 16, 2020 effective
12/22/2020.
