Senate Bill sb2074

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 2074

    By Senator Brown-Waite





    10-1228A-01

  1                      A bill to be entitled

  2         An act relating to environmental control;

  3         amending s. 403.813, F.S.; providing an

  4         exemption from permitting requirements for the

  5         removal of organic detrital material from

  6         certain freshwater rivers or lakes; providing

  7         an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (s) is added to subsection (2) of

12  section 403.813, Florida Statutes, to read:

13         403.813  Permits issued at district centers;

14  exceptions.--

15         (2)  No permit under this chapter, chapter 373, chapter

16  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

17  1949, Laws of Florida, shall be required for activities

18  associated with the following types of projects; however,

19  nothing in this subsection relieves an applicant from any

20  requirement to obtain permission to use or occupy lands owned

21  by the Board of Trustees of the Internal Improvement Trust

22  Fund or any water management district in its governmental or

23  proprietary capacity or from complying with applicable local

24  pollution control programs authorized under this chapter or

25  other requirements of county and municipal governments:

26         (s)  Notwithstanding any provision to the contrary in

27  this subsection, a permit or other authorization under chapter

28  253, chapter 369, chapter 373, or chapter 403 is not required

29  for the removal of organic detrital material from freshwater

30  rivers or lakes that have a natural sand or rocky substrate

31  and that are not Aquatic Preserves or for the associated

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2074
    10-1228A-01




  1  removal and replanting of aquatic vegetation for the purpose

  2  of environmental enhancement if:

  3         1.  Removal is conducted only in areas where the

  4  organic detrital material is greater than 6 inches in depth.

  5         2.  No filling or peat mining is allowed.

  6         3.  No removal of native wetland trees, including but

  7  not limited to ash, bay cypress, gum, maple, or tupelo,

  8  occurs.

  9         4.  When removing organic detrital material, no portion

10  of the underlying natural mineral soils or rocky substrate is

11  removed.

12         5.  Organic detrital material and plant material

13  removed is deposited in an upland site in a manner that will

14  not cause water-quality violations.

15         6.  All activities are conducted in such a manner and

16  with appropriate turbidity controls to prevent any

17  water-quality violations outside the immediate work area.

18         7.  Replanting with a variety of aquatic plants native

19  to the state occurs in a minimum of 25 percent of the areas

20  where organic detrital material is removed, except for areas

21  where the material is removed to bare rocky substrate;

22  however, an area may be maintained clear of vegetation as an

23  access corridor. The access corridor width may not exceed 50

24  percent of the property owner's frontage or 50 feet, whichever

25  is less, and may be a sufficient length waterward to create a

26  corridor to allow access for a boat or swimmer to reach open

27  water. Replanting must be at a minimum density of 2 feet on

28  center and be completed within 90 days after removal of

29  existing aquatic vegetation, except that under dewatered

30  conditions replanting must be completed within 90 days after

31  reflooding. The area to be replanted must extend waterward

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2074
    10-1228A-01




  1  from the ordinary high water line to a point where normal

  2  water depth would be 3 feet or the preexisting vegetation

  3  line, whichever is less, but the area may not extend beyond a

  4  point 5 feet waterward of the ordinary high water line. The

  5  required planting density must be maintained after replanting

  6  is complete, and the plants, including naturally recruited

  7  native aquatic plants, must be allowed to expand and fill in

  8  the revegetation area.  Native aquatic plants to be used for

  9  revegetation must be salvaged from the enhancement project

10  site or obtained from an aquatic plant nursery regulated by

11  the Department of Agriculture and Consumer Services. Plants

12  that are not native to the state may not be used for

13  replanting.

14         8.  No activity occurs any farther waterward of the

15  ordinary high water line than 100 feet, and all activities

16  must be designed and conducted in a manner that will not

17  unreasonably restrict or infringe upon the riparian rights of

18  the upland riparian owners.

19         9.  The person seeking this exemption notifies the

20  applicable department district office in writing at least 30

21  days before commencing work and allows the department to

22  conduct a preconstruction site inspection.  Notice must

23  include an organic-detrital-material removal and disposal plan

24  and, if applicable, a vegetation-removal and revegetation

25  plan.

26         10.  The department is provided written certification

27  of compliance with the terms and conditions of this paragraph

28  within 30 days after completion of any activity occurring

29  under this exemption.

30         Section 2.  This act shall take effect July 1, 2001.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 2074
    10-1228A-01




  1            *****************************************

  2                          SENATE SUMMARY

  3    Provides an exemption from environmental permitting
      requirements for the removal of organic detrital material
  4    from freshwater lakes or rivers that have a natural sand
      or rocky substrate.
  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.