Fla. Admin. Code Ann. R. 62B-33.013 - Permit Modifications, Time Extensions, Renewals, and Reissuances

(1) Requests for major changes or modifications including additions, revisions, or structural modifications of permitted projects or activities shall be reviewed in the same manner as the initial application. Changes considered major are those changes that will affect compliance with structural standards of this rule or which increase the potential for adverse impacts.

(2) A determination that minor changes or modifications, including minor additions, revisions, or structural modifications of permitted projects or activities that are within the scope of the permit, shall be made upon request of the applicant. Minor additions, revisions, or structural modifications are those changes which will not increase the risk of adverse impacts.

(3) The permittee or authorized agent may request an extension of the permit expiration date by filing a written request with the Department prior to the permit expiration date. If a request for a time extension is completed pursuant to paragraph 62B-33.013(3)(a), F.A.C., and received prior to the permit expiration date, the permit will be valid until the Department acts upon the extension request. If a timely but incomplete request for a time extension is received, construction must cease upon the expiration date of the permit and shall not resume until the request is complete or until the Department acts upon the request. Time extensions for major structures and coastal armoring can be issued for periods of up to three years, for other structures up to two years, and for permits for minor structures or activities for up to one year. The total time extensions for permits for major structures and coastal armoring shall not extend beyond three years from the permit's original expiration date, beyond two years for other structures and activities, and beyond one year for minor structures or activities. The request shall be made using the time extension form entitled "Application for a Permit Time Extension Pursuant to Rule 62B-33.013, F.A.C., " DEP Form 73-113 (Revised 7/22), which is hereby adopted and incorporated by reference. A copy of the form can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-2094.

(a) A written request for a permit time extension shall include the following items:

1. The permit number,

2. The length of time requested,

3. A copy of a valid building permit or current written evidence provided by the applicable county or municipality that the authorization previously provided under paragraph 62B-33.008(1)(c), F.A.C., shall remain in effect throughout the duration of the requested time extension,

4. Reasonable assurance that the activity can be completed within the time extension requested based on a schedule for completion included with the request, that no significant change in shoreline conditions has occurred since the original permit was issued, and that the nature of the work has not changed; and,

5. A fee pursuant to Rule 62B-33.0085, F.A.C.

(b) The Department shall deny a request for a time extension if:

1. Shoreline or other conditions have changed so that the project is no longer permittable under this rule chapter;

2. Application for a time extension is made after the expiration date of the permit;

3. Construction has not started within the five (5)-year period following the date of permit issuance for a major structure;

4. The permit has previously been extended to the limit allowed under this subsection or renewed pursuant to subsection 62B-33.013(4), F.A.C.; or

5. The time extension request would extend the expiration date beyond three years from the permit's original expiration date.

(4) If a permit has expired before the work is complete, the applicant may apply in writing for a permit renewal provided the request is made within six months of the original permit expiration date. A permit renewal can be issued for periods of up to two years. Permit renewals are not available if a time extension, pursuant to subsection 62B-33.013(3), F.A.C., was previously issued. In order to obtain a renewal, the applicant must provide information required in subparagraphs 62B-33.013(3)(a) 1. through 5., F.A.C. Time extensions are not authorized while a permit renewal is in effect.

(5) If construction is not complete after having been granted additional time by means of either a time extension or a permit renewal, the permittee must submit an application pursuant to Rule 62B-33.008, F.A.C., for a new or reissued permit.

Notes

Fla. Admin. Code Ann. R. 62B-33.013

Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2) FS.

New 11-18-80, Amended 3-17-85, Formerly 16B-33.13, 16B-33.013, Amended 1-26-98, 8-27-00, 6-13-04, 5-31-07, Amended by Florida Register Volume 44, Number 222, November 14, 2018 effective 11/28/2018.

New 11-18-80, Amended 3-17-85, Formerly 16B-33.13, 16B-33.013, Amended 1-26-98, 8-27-00, 6-13-04, 5-31-07, 11-28-18.