Senate Bill sb2074e1

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    CS for SB 2074                           First Engrossed (ntc)



  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         exemption from permits for certain floating

  8         vessel platforms; requiring the Department of

  9         Environmental Protection to adopt a general

10         permit by rule for floating vessel platforms

11         after January 1, 2002, which meet certain

12         conditions; providing an effective date.

13  

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

15  

16         Section 1.  Subsection (2) of section 403.813, Florida

17  Statutes, is amended to read:

18         403.813  Permits issued at district centers;

19  exceptions.--

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

21  61-691, Laws of Florida, or chapter 25214 or chapter 25270,

22  1949, Laws of Florida, shall be required for activities

23  associated with the following types of projects; however,

24  except as otherwise provided in this subsection, nothing in

25  this subsection relieves an applicant from any requirement to

26  obtain permission to use or occupy lands owned by the Board of

27  Trustees of the Internal Improvement Trust Fund or any water

28  management district in its governmental or proprietary

29  capacity or from complying with applicable local pollution

30  control programs authorized under this chapter or other

31  requirements of county and municipal governments:


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    CS for SB 2074                           First Engrossed (ntc)



  1         (a)  The installation of overhead transmission lines,

  2  with support structures which are not constructed in waters of

  3  the state and which do not create a navigational hazard.

  4         (b)  The installation and repair of mooring pilings and

  5  dolphins associated with private docking facilities or piers

  6  and the installation of private docks, piers and recreational

  7  docking facilities, or piers and recreational docking

  8  facilities of local governmental entities when the local

  9  governmental entity's activities will not take place in any

10  manatee habitat, any of which docks:

11         1.  Has 500 square feet or less of over-water surface

12  area for a dock which is located in an area designated as

13  Outstanding Florida Waters or 1,000 square feet or less of

14  over-water surface area for a dock which is located in an area

15  which is not designated as Outstanding Florida Waters;

16         2.  Is constructed on or held in place by pilings or is

17  a floating dock which is constructed so as not to involve

18  filling or dredging other than that necessary to install the

19  pilings;

20         3.  Shall not substantially impede the flow of water or

21  create a navigational hazard;

22         4.  Is used for recreational, noncommercial activities

23  associated with the mooring or storage of boats and boat

24  paraphernalia; and

25         5.  Is the sole dock constructed pursuant to this

26  exemption as measured along the shoreline for a distance of 65

27  feet, unless the parcel of land or individual lot as platted

28  is less than 65 feet in length along the shoreline, in which

29  case there may be one exempt dock allowed per parcel or lot.

30  

31  


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    CS for SB 2074                           First Engrossed (ntc)



  1  Nothing in this paragraph shall prohibit the department from

  2  taking appropriate enforcement action pursuant to this chapter

  3  to abate or prohibit any activity otherwise exempt from

  4  permitting pursuant to this paragraph if the department can

  5  demonstrate that the exempted activity has caused water

  6  pollution in violation of this chapter.

  7         (c)  The installation and maintenance to design

  8  specifications of boat ramps on artificial bodies of water

  9  where navigational access to the proposed ramp exists or the

10  installation of boat ramps open to the public in any waters of

11  the state where navigational access to the proposed ramp

12  exists and where the construction of the proposed ramp will be

13  less than 30 feet wide and will involve the removal of less

14  than 25 cubic yards of material from the waters of the state,

15  and the maintenance to design specifications of such ramps;

16  however, the material to be removed shall be placed upon a

17  self-contained upland site so as to prevent the escape of the

18  spoil material into the waters of the state.

19         (d)  The replacement or repair of existing docks and

20  piers, except that no fill material is to be used and provided

21  that the replacement or repaired dock or pier is in the same

22  location and of the same configuration and dimensions as the

23  dock or pier being replaced or repaired.

24         (e)  The restoration of seawalls at their previous

25  locations or upland of, or within 1 foot waterward of, their

26  previous locations.  However, this shall not affect the

27  permitting requirements of chapter 161, and department rules

28  shall clearly indicate that this exception does not constitute

29  an exception from the permitting requirements of chapter 161.

30         (f)  The performance of maintenance dredging of

31  existing manmade canals, channels, intake and discharge


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    CS for SB 2074                           First Engrossed (ntc)



  1  structures, and previously dredged portions of natural water

  2  bodies within drainage rights-of-way or drainage easements

  3  which have been recorded in the public records of the county,

  4  where the spoil material is to be removed and deposited on a

  5  self-contained, upland spoil site which will prevent the

  6  escape of the spoil material into the waters of the state,

  7  provided that no more dredging is to be performed than is

  8  necessary to restore the canals, channels, and intake and

  9  discharge structures, and previously dredged portions of

10  natural water bodies, to original design specifications or

11  configurations, provided that the work is conducted in

12  compliance with s. 370.12(2)(d), provided that no significant

13  impacts occur to previously undisturbed natural areas, and

14  provided that control devices and best management practices

15  for erosion and sediment control are utilized to prevent bank

16  erosion and scouring and to prevent turbidity, dredged

17  material, and toxic or deleterious substances from discharging

18  into adjacent waters during maintenance dredging. Further, for

19  maintenance dredging of previously dredged portions of natural

20  water bodies within recorded drainage rights-of-way or

21  drainage easements, an entity that seeks an exemption must

22  notify the department or water management district, as

23  applicable, at least 30 days prior to dredging and provide

24  documentation of original design specifications or

25  configurations where such exist. This exemption applies to all

26  canals and previously dredged portions of natural water bodies

27  within recorded drainage rights-of-way or drainage easements

28  constructed prior to April 3, 1970, and to those canals and

29  previously dredged portions of natural water bodies

30  constructed on or after April 3, 1970, pursuant to all

31  necessary state permits.  This exemption does not apply to the


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    CS for SB 2074                           First Engrossed (ntc)



  1  removal of a natural or manmade barrier separating a canal or

  2  canal system from adjacent waters.  When no previous permit

  3  has been issued by the Board of Trustees of the Internal

  4  Improvement Trust Fund or the United States Army Corps of

  5  Engineers for construction or maintenance dredging of the

  6  existing manmade canal or intake or discharge structure, such

  7  maintenance dredging shall be limited to a depth of no more

  8  than 5 feet below mean low water. The Board of Trustees of the

  9  Internal Improvement Trust Fund may fix and recover from the

10  permittee an amount equal to the difference between the fair

11  market value and the actual cost of the maintenance dredging

12  for material removed during such maintenance dredging.

13  However, no charge shall be exacted by the state for material

14  removed during such maintenance dredging by a public port

15  authority.  The removing party may subsequently sell such

16  material; however, proceeds from such sale that exceed the

17  costs of maintenance dredging shall be remitted to the state

18  and deposited in the Internal Improvement Trust Fund.

19         (g)  The maintenance of existing insect control

20  structures, dikes, and irrigation and drainage ditches,

21  provided that spoil material is deposited on a self-contained,

22  upland spoil site which will prevent the escape of the spoil

23  material into waters of the state.  In the case of insect

24  control structures, if the cost of using a self-contained

25  upland spoil site is so excessive, as determined by the

26  Department of Health, pursuant to s. 403.088(1), that it will

27  inhibit proposed insect control, then-existing spoil sites or

28  dikes may be used, upon notification to the department.  In

29  the case of insect control where upland spoil sites are not

30  used pursuant to this exemption, turbidity control devices

31  shall be used to confine the spoil material discharge to that


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    CS for SB 2074                           First Engrossed (ntc)



  1  area previously disturbed when the receiving body of water is

  2  used as a potable water supply, is designated as shellfish

  3  harvesting waters, or functions as a habitat for commercially

  4  or recreationally important shellfish or finfish.  In all

  5  cases, no more dredging is to be performed than is necessary

  6  to restore the dike or irrigation or drainage ditch to its

  7  original design specifications.

  8         (h)  The repair or replacement of existing functional

  9  pipes or culverts the purpose of which is the discharge or

10  conveyance of stormwater. In all cases, the invert elevation,

11  the diameter, and the length of the culvert shall not be

12  changed.  However, the material used for the culvert may be

13  different from the original.

14         (i)  The construction of private docks and seawalls in

15  artificially created waterways where such construction will

16  not violate existing water quality standards, impede

17  navigation, or affect flood control. This exemption does not

18  apply to the construction of vertical seawalls in estuaries or

19  lagoons unless the proposed construction is within an existing

20  manmade canal where the shoreline is currently occupied in

21  whole or part by vertical seawalls.

22         (j)  The construction and maintenance of swales.

23         (k)  The installation of aids to navigation and buoys

24  associated with such aids, provided the devices are marked

25  pursuant to s. 327.40.

26         (l)  The replacement or repair of existing open-trestle

27  foot bridges and vehicular bridges that are 100 feet or less

28  in length and two lanes or less in width, provided that no

29  more dredging or filling of submerged lands is performed other

30  than that which is necessary to replace or repair pilings and

31  that the structure to be replaced or repaired is the same


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    CS for SB 2074                           First Engrossed (ntc)



  1  length, the same configuration, and in the same location as

  2  the original bridge.  No debris from the original bridge shall

  3  be allowed to remain in the waters of the state.

  4         (m)  The installation of subaqueous transmission and

  5  distribution lines laid on, or embedded in, the bottoms of

  6  waters in the state, except in Class I and Class II waters and

  7  aquatic preserves, provided no dredging or filling is

  8  necessary.

  9         (n)  The replacement or repair of subaqueous

10  transmission and distribution lines laid on, or embedded in,

11  the bottoms of waters of the state.

12         (o)  The construction of private seawalls in wetlands

13  or other surface waters where such construction is between and

14  adjoins at both ends existing seawalls; follows a continuous

15  and uniform seawall construction line with the existing

16  seawalls; is no more than 150 feet in length; and does not

17  violate existing water quality standards, impede navigation,

18  or affect flood control. However, in estuaries and lagoons the

19  construction of vertical seawalls is limited to the

20  circumstances and purposes stated in s. 373.414(5)(b)1.-4.

21  This paragraph does not affect the permitting requirements of

22  chapter 161, and department rules must clearly indicate that

23  this exception does not constitute an exception from the

24  permitting requirements of chapter 161.

25         (p)  The restoration of existing insect control

26  impoundment dikes which are less than 100 feet in length. Such

27  impoundments shall be connected to tidally influenced waters

28  for 6 months each year beginning September 1 and ending

29  February 28 if feasible or operated in accordance with an

30  impoundment management plan approved by the department.  A

31  dike restoration may involve no more dredging than is


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    CS for SB 2074                           First Engrossed (ntc)



  1  necessary to restore the dike to its original design

  2  specifications.  For the purposes of this paragraph,

  3  restoration does not include maintenance of impoundment dikes

  4  of operating insect control impoundments.

  5         (q)  The construction, operation, or maintenance of

  6  stormwater management facilities which are designed to serve

  7  single-family residential projects, including duplexes,

  8  triplexes, and quadruplexes, if they are less than 10 acres

  9  total land and have less than 2 acres of impervious surface

10  and if the facilities:

11         1.  Comply with all regulations or ordinances

12  applicable to stormwater management and adopted by a city or

13  county;

14         2.  Are not part of a larger common plan of development

15  or sale; and

16         3.  Discharge into a stormwater discharge facility

17  exempted or permitted by the department under this chapter

18  which has sufficient capacity and treatment capability as

19  specified in this chapter and is owned, maintained, or

20  operated by a city, county, special district with drainage

21  responsibility, or water management district; however, this

22  exemption does not authorize discharge to a facility without

23  the facility owner's prior written consent.

24         (r)  The removal of aquatic plants, the removal of

25  tussocks, the associated replanting of indigenous aquatic

26  plants, and or the associated removal from lakes of organic

27  detrital material when such planting or removal is performed

28  and authorized by permit or exemption granted under s. 369.20

29  or s. 369.25, provided that if:

30         1.  Organic detrital material that exists on the

31  surface of natural mineral substrate soil shall be allowed to


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    CS for SB 2074                           First Engrossed (ntc)



  1  be removed to a depth of 3 feet or to the natural mineral

  2  substrate soils, whichever is less;.

  3         2.  All organic material removed removal pursuant to

  4  this paragraph subsection shall be deposited in an upland site

  5  in a manner that will prevent the reintroduction of the

  6  material into waters in the state except when spoil material

  7  is permitted to be used to create wildlife islands in

  8  freshwater bodies of the state when a governmental entity is

  9  permitted pursuant to s. 369.20 this section to create such

10  islands as a part of a restoration or enhancement project;.

11         3.  All activities are performed in a manner consistent

12  with state water quality standards; and.

13         4.  No activities under this exemption are conducted in

14  wetland areas, as defined by s. 373.019(22), which are

15  supported by a natural soil as shown in applicable United

16  States Department of Agriculture county soil surveys, except

17  when a governmental entity is permitted pursuant to s. 369.20

18  to conduct such activities as a part of a restoration or

19  enhancement project.

20  

21  The department may not adopt implementing rules for this

22  paragraph, notwithstanding any other provision of law.

23         (s)  Notwithstanding any provision to the contrary in

24  this subsection, a permit or other authorization under chapter

25  253, chapter 369, chapter 373, or chapter 403 is not required

26  for the removal of organic detrital material from freshwater

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

28  and that are not Aquatic Preserves or for the associated

29  removal and replanting of aquatic vegetation for the purpose

30  of environmental enhancement, providing that:

31  


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    CS for SB 2074                           First Engrossed (ntc)



  1         1.  Removal is conducted only in areas where the

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

  3         2.  No activities under this exemption are conducted in

  4  wetland areas, as defined by s. 373.019(22), which are

  5  supported by a natural soil as shown in applicable U.S.

  6  Department of Agriculture county soil surveys.

  7         3.  No filling or peat mining is allowed.

  8         4.  No removal of native wetland trees, including but

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

10  occurs.

11         5.  When removing organic detrital material, no portion

12  of the underlying natural mineral substrate or rocky substrate

13  is removed.

14         6.  Organic detrital material and plant material

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

16  not cause water-quality violations.

17         7.  All activities are conducted in such a manner, and

18  with appropriate turbidity controls as to prevent any

19  water-quality violations outside the immediate work area.

20         8.  Replanting with a variety of aquatic plants native

21  to the state shall occur in a minimum of 25 percent of the

22  preexisting unvegetated and 50 percent of the preexisting

23  vegetated areas where organic detrital material is removed,

24  except for areas where the material is removed to bare rocky

25  substrate; however, an area may be maintained clear of

26  vegetation as an access corridor. The access corridor width

27  may not exceed 50 percent of the property owner's frontage or

28  50 feet, whichever is less, and may be a sufficient length

29  waterward to create a corridor to allow access for a boat or

30  swimmer to reach open water. Replanting must be at a minimum

31  density of 2 feet on center and be completed within 90 days


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    CS for SB 2074                           First Engrossed (ntc)



  1  after removal of existing aquatic vegetation, except that

  2  under dewatered conditions replanting must be completed within

  3  90 days after reflooding. The area to be replanted must extend

  4  waterward from the ordinary high water line to a point where

  5  normal water depth would be 3 feet or the preexisting

  6  vegetation line, whichever is less. Individuals are required

  7  to make a reasonable effort to maintain planting density for a

  8  period of 1 year after replanting is complete and the plants,

  9  including naturally recruited native aquatic plants, must be

10  allowed to expand and fill-in the revegetation area. Native

11  aquatic plants to be used for revegetation must be salvaged

12  from the enhancement project site or obtained from an aquatic

13  plant nursery regulated by the Department of Agriculture and

14  Consumer Services. Plants that are not native to the state may

15  not be used for replanting.

16         9.  No activity occurs any farther waterward of the

17  ordinary high water line than 100 feet; activities are limited

18  to a width of 100 feet or 50 percent of the width of the

19  upland parcel, whichever is less; and all activities must be

20  designed and conducted in a manner that will not unreasonably

21  restrict or infringe upon the riparian rights of the upland

22  riparian owners.

23         10.  The person seeking this exemption notifies the

24  applicable department district office in writing at least 30

25  days before commencing work and allows the department to

26  conduct a preconstruction site inspection.  Notice must

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

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

29  plan.

30         11.  The department is provided written certification

31  of compliance with the terms and conditions of this paragraph


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    CS for SB 2074                           First Engrossed (ntc)



  1  within 30 days after completion of any activity occurring

  2  under this exemption.

  3         (t)  A floating vessel platform or floating boat lift

  4  either of which floats at all times in the water for the sole

  5  purpose of supporting a vessel so that the vessel is out of

  6  the water when not in use, provided that:

  7         1.  Such structures are wholly contained within a boat

  8  slip previously permitted under ss. 403.91-403.929, 1984

  9  Supplement to the Florida Statutes 1983, as amended, or Part

10  IV of chapter 373, or, when associated with a dock that is

11  exempt under this subsection or a permitted dock with no

12  defined boat slip, such structures do not exceed a combined

13  total of 500 square feet, or 200 square feet in an Outstanding

14  Florida Water.

15         2.  Such structures shall not be used for any

16  commercial purpose or for mooring additional vessels that

17  remain in the water when not in use, and shall not

18  substantially impede the flow of water, create a navigational

19  hazard, or unreasonably infringe upon the traditional, or

20  common law riparian rights of adjacent property owners, as

21  defined in s. 253.141.

22         3.  Such structures shall be constructed and used so as

23  to minimize adverse impacts to submerged lands, wetlands,

24  shellfish areas, aquatic plant and animal species, and other

25  biological communities, including locating such structures in

26  areas where no seagrasses exist if such areas are present

27  adjacent to the dock.

28         4.  Such structures shall not be constructed in areas

29  specifically prohibited for boat mooring under conditions of a

30  permit issued in accordance with ss. 403.91-403.929, 1984

31  Supplement to the Florida Statutes 1983, as amended, or Part


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    CS for SB 2074                           First Engrossed (ntc)



  1  IV of Chapter 373, or other form of authorization issued by a

  2  local government.

  3  

  4  Structures that qualify for this exemption are relieved from

  5  any requirement to obtain permission to use or occupy lands

  6  owned by the Board of Trustees of the Internal Improvement

  7  Trust Fund and shall not be subject to any more stringent

  8  regulation by any local government. The exemption provided in

  9  this paragraph shall be in addition to the exemption provided

10  in paragraph (b). By January 1, 2002, the department shall

11  adopt a general permit by rule for those floating vessel

12  platforms that do not qualify for the exemptions provided in

13  this paragraph, but do not cause significant adverse impacts

14  to occur individually or cumulatively. The issuance of such

15  general permit shall also constitute permission to use or

16  occupy lands owned by the Board of Trustees of the Internal

17  Improvement Trust Fund. Upon the adoption of the rule creating

18  such general permit, no local government shall impose a more

19  stringent regulation on floating vessel platforms covered by

20  such general permit.

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

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