Senate Bill sb0508er

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  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 exemption from permitting requirements for

  8         specified types of floating vessel platforms or

  9         floating boat lifts; providing that such

10         structures are also exempt from certain

11         requirements relating to use or occupancy of

12         lands owned by the Board of Trustees of the

13         Internal Improvement Trust Fund; requiring the

14         Department of Environmental Protection to adopt

15         a rule creating a general permit for certain

16         floating vessel platforms by a specified date;

17         limiting local government regulation of

18         floating vessel platforms and floating boat

19         lifts; providing requirements for a report to

20         the Governor and the Legislature; providing an

21         effective date.

22

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

24

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

26  Statutes, is amended to read:

27         403.813  Permits issued at district centers;

28  exceptions.--

29         (2)  A No permit is not required under this chapter,

30  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214

31  or chapter 25270, 1949, Laws of Florida, shall be required for


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  1  activities associated with the following types of projects;

  2  however, except as otherwise provided in this subsection,

  3  nothing in this subsection relieves an applicant from any

  4  requirement to obtain permission to use or occupy lands owned

  5  by the Board of Trustees of the Internal Improvement Trust

  6  Fund or any water management district in its governmental or

  7  proprietary capacity or from complying with applicable local

  8  pollution control programs authorized under this chapter or

  9  other requirements of county and municipal governments:

10         (a)  The installation of overhead transmission lines,

11  with support structures which are not constructed in waters of

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

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

14  dolphins associated with private docking facilities or piers

15  and the installation of private docks, piers and recreational

16  docking facilities, or piers and recreational docking

17  facilities of local governmental entities when the local

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

19  manatee habitat, any of which docks:

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

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

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

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

24  which is not designated as Outstanding Florida Waters;

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

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

27  filling or dredging other than that necessary to install the

28  pilings;

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

30  create a navigational hazard;

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  1         4.  Is used for recreational, noncommercial activities

  2  associated with the mooring or storage of boats and boat

  3  paraphernalia; and

  4         5.  Is the sole dock constructed pursuant to this

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

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

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

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

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10  Nothing in this paragraph shall prohibit the department from

11  taking appropriate enforcement action pursuant to this chapter

12  to abate or prohibit any activity otherwise exempt from

13  permitting pursuant to this paragraph if the department can

14  demonstrate that the exempted activity has caused water

15  pollution in violation of this chapter.

16         (c)  The installation and maintenance to design

17  specifications of boat ramps on artificial bodies of water

18  where navigational access to the proposed ramp exists or the

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

20  the state where navigational access to the proposed ramp

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

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

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

24  and the maintenance to design specifications of such ramps;

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

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

27  spoil material into the waters of the state.

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

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

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

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  1  location and of the same configuration and dimensions as the

  2  dock or pier being replaced or repaired.

  3         (e)  The restoration of seawalls at their previous

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

  5  previous locations.  However, this shall not affect the

  6  permitting requirements of chapter 161, and department rules

  7  shall clearly indicate that this exception does not constitute

  8  an exception from the permitting requirements of chapter 161.

  9         (f)  The performance of maintenance dredging of

10  existing manmade canals, channels, intake and discharge

11  structures, and previously dredged portions of natural water

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

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

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

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

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

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

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

19  discharge structures, and previously dredged portions of

20  natural water bodies, to original design specifications or

21  configurations, provided that the work is conducted in

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

23  impacts occur to previously undisturbed natural areas, and

24  provided that control devices and best management practices

25  for erosion and sediment control are utilized to prevent bank

26  erosion and scouring and to prevent turbidity, dredged

27  material, and toxic or deleterious substances from discharging

28  into adjacent waters during maintenance dredging. Further, for

29  maintenance dredging of previously dredged portions of natural

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

31  drainage easements, an entity that seeks an exemption must


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  1  notify the department or water management district, as

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

  3  documentation of original design specifications or

  4  configurations where such exist. This exemption applies to all

  5  canals and previously dredged portions of natural water bodies

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

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

  8  previously dredged portions of natural water bodies

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

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

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

12  canal system from adjacent waters.  When no previous permit

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

14  Improvement Trust Fund or the United States Army Corps of

15  Engineers for construction or maintenance dredging of the

16  existing manmade canal or intake or discharge structure, such

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

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

19  Internal Improvement Trust Fund may fix and recover from the

20  permittee an amount equal to the difference between the fair

21  market value and the actual cost of the maintenance dredging

22  for material removed during such maintenance dredging.

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

24  removed during such maintenance dredging by a public port

25  authority.  The removing party may subsequently sell such

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

27  costs of maintenance dredging shall be remitted to the state

28  and deposited in the Internal Improvement Trust Fund.

29         (g)  The maintenance of existing insect control

30  structures, dikes, and irrigation and drainage ditches,

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


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

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

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

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

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

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

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

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

  9  used pursuant to this exemption, turbidity control devices

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

11  area previously disturbed when the receiving body of water is

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

13  harvesting waters, or functions as a habitat for commercially

14  or recreationally important shellfish or finfish.  In all

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

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

17  original design specifications.

18         (h)  The repair or replacement of existing functional

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

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

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

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

23  different from the original.

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

25  artificially created waterways where such construction will

26  not violate existing water quality standards, impede

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

28  apply to the construction of vertical seawalls in estuaries or

29  lagoons unless the proposed construction is within an existing

30  manmade canal where the shoreline is currently occupied in

31  whole or part by vertical seawalls.


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  1         (j)  The construction and maintenance of swales.

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

  3  associated with such aids, provided the devices are marked

  4  pursuant to s. 327.40.

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

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

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

  8  more dredging or filling of submerged lands is performed other

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

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

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

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

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

14         (m)  The installation of subaqueous transmission and

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

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

17  aquatic preserves, provided no dredging or filling is

18  necessary.

19         (n)  The replacement or repair of subaqueous

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

21  the bottoms of waters of the state.

22         (o)  The construction of private seawalls in wetlands

23  or other surface waters where such construction is between and

24  adjoins at both ends existing seawalls; follows a continuous

25  and uniform seawall construction line with the existing

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

27  violate existing water quality standards, impede navigation,

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

29  construction of vertical seawalls is limited to the

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

31  This paragraph does not affect the permitting requirements of


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  1  chapter 161, and department rules must clearly indicate that

  2  this exception does not constitute an exception from the

  3  permitting requirements of chapter 161.

  4         (p)  The restoration of existing insect control

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

  6  impoundments shall be connected to tidally influenced waters

  7  for 6 months each year beginning September 1 and ending

  8  February 28 if feasible or operated in accordance with an

  9  impoundment management plan approved by the department.  A

10  dike restoration may involve no more dredging than is

11  necessary to restore the dike to its original design

12  specifications.  For the purposes of this paragraph,

13  restoration does not include maintenance of impoundment dikes

14  of operating insect control impoundments.

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

16  stormwater management facilities which are designed to serve

17  single-family residential projects, including duplexes,

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

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

20  and if the facilities:

21         1.  Comply with all regulations or ordinances

22  applicable to stormwater management and adopted by a city or

23  county;

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

25  or sale; and

26         3.  Discharge into a stormwater discharge facility

27  exempted or permitted by the department under this chapter

28  which has sufficient capacity and treatment capability as

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

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

31  responsibility, or water management district; however, this


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  1  exemption does not authorize discharge to a facility without

  2  the facility owner's prior written consent.

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

  4  tussocks, the associated replanting of indigenous aquatic

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

  6  detrital material when such planting or removal is performed

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

  8  or s. 369.25, provided that if:

  9         1.  Organic detrital material that exists on the

10  surface of natural mineral substrate soil shall be allowed to

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

12  substrate soils, whichever is less;.

13         2.  All organic material removed removal pursuant to

14  this paragraph subsection shall be deposited in an upland site

15  in a manner that will prevent the reintroduction of the

16  material into waters in the state except when spoil material

17  is permitted to be used to create wildlife islands in

18  freshwater bodies of the state when a governmental entity is

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

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

21         3.  All activities are performed in a manner consistent

22  with state water quality standards; and.

23         4.  No activities under this exemption are conducted in

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

25  supported by a natural soil as shown in applicable United

26  States Department of Agriculture county soil surveys, except

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

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

29  enhancement project.

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  1  The department may not adopt implementing rules for this

  2  paragraph, notwithstanding any other provision of law.

  3         (s)  Notwithstanding any provision to the contrary in

  4  this subsection, a permit or other authorization under chapter

  5  253, chapter 369, chapter 373, or chapter 403 is not required

  6  for an individual residential property owner for the removal

  7  of organic detrital material from freshwater rivers or lakes

  8  that have a natural sand or rocky substrate and that are not

  9  Aquatic Preserves or for the associated removal and replanting

10  of aquatic vegetation for the purpose of environmental

11  enhancement, providing that:

12         1.  No activities under this exemption are conducted in

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

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

15  Department of Agriculture county soil surveys.

16         2.  No filling or peat mining is allowed.

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

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

19  occurs.

20         4.  When removing organic detrital material, no portion

21  of the underlying natural mineral substrate or rocky substrate

22  is removed.

23         5.  Organic detrital material and plant material

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

25  not cause water-quality violations.

26         6.  All activities are conducted in such a manner, and

27  with appropriate turbidity controls, so as to prevent any

28  water-quality violations outside the immediate work area.

29         7.  Replanting with a variety of aquatic plants native

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

31  preexisting vegetated areas where organic detrital material is


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  1  removed, except for areas where the material is removed to

  2  bare rocky substrate; however, an area may be maintained clear

  3  of vegetation as an access corridor. The access corridor width

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

  5  50 feet, whichever is less, and may be a sufficient length

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

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

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

  9  after removal of existing aquatic vegetation, except that

10  under dewatered conditions replanting must be completed within

11  90 days after reflooding. The area to be replanted must extend

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

13  normal water depth would be 3 feet or the preexisting

14  vegetation line, whichever is less. Individuals are required

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

16  period of 6 months after replanting is complete and the

17  plants, including naturally recruited native aquatic plants,

18  must be allowed to expand and fill in the revegetation area.

19  Native aquatic plants to be used for revegetation must be

20  salvaged from the enhancement project site or obtained from an

21  aquatic plant nursery regulated by the Department of

22  Agriculture and Consumer Services. Plants that are not native

23  to the state may not be used for replanting.

24         8.  No activity occurs any farther than 100 feet

25  waterward of the ordinary high water line, and all activities

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

27  unreasonably restrict or infringe upon the riparian rights of

28  adjacent upland riparian owners.

29         9.  The person seeking this exemption notifies the

30  applicable department district office in writing at least 30

31  days before commencing work and allows the department to


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  1  conduct a preconstruction site inspection.  Notice must

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

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

  4  plan.

  5         10.  The department is provided written certification

  6  of compliance with the terms and conditions of this paragraph

  7  within 30 days after completion of any activity occurring

  8  under this exemption.

  9         (t)  Floating vessel platforms or floating boat lifts

10  if such structures:

11         1.  Float at all times in the water for the sole

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

13  the water when not in use;

14         2.  Are wholly contained within a boat slip previously

15  permitted under ss. 403.91-403.929, 1984 Supplement to the

16  Florida Statutes 1983, as amended, or part IV of chapter 373,

17  or, when associated with a dock that is exempt under this

18  subsection or a permitted dock with no defined boat slip, do

19  not exceed a combined total of 500 square feet, or 200 square

20  feet in an Outstanding Florida Water;

21         3.  Are not used for any commercial purpose or for

22  mooring vessels that remain in the water when not in use and

23  do not substantially impede the flow of water, create a

24  navigational hazard, or unreasonably infringe upon the

25  riparian rights of adjacent property owners, as defined in s.

26  253.141;

27         4.  Are constructed and used so as to minimize adverse

28  impacts to submerged lands, wetlands, shellfish areas, aquatic

29  plant and animal species, and other biological communities,

30  including locating such structures in areas where no

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  1  seagrasses exist if such areas are present adjacent to the

  2  dock; and

  3         5.  Are not constructed in areas specifically

  4  prohibited for boat mooring under conditions of a permit

  5  issued in accordance with ss. 403.91-403.929, 1984 Supplement

  6  to the Florida Statutes 1983, as amended, or part IV of

  7  chapter 373, or other form of authorization issued by a local

  8  government.

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10  Structures exempt under this paragraph are also exempt from

11  any requirement to obtain permission to use or occupy lands

12  owned by the Board of Trustees of the Internal Improvement

13  Trust Fund and shall not be subject to regulation by any local

14  government which is more stringent than the regulation

15  provided under this part.  The exemption provided by this

16  paragraph is in addition to the exemption provided in

17  paragraph (b).  By January 1, 2003, the department shall adopt

18  a rule creating a general permit for those floating vessel

19  platforms that do not qualify for the exemptions provided in

20  this paragraph but do not cause significant adverse impacts to

21  occur individually or cumulatively.  The issuance of a general

22  permit shall also constitute permission to use or occupy lands

23  owned by the Board of Trustees of the Internal Improvement

24  Trust Fund.  Upon the adoption of the rule creating the

25  general permit, a local government may not impose a regulation

26  on floating vessel platforms covered by the general permit

27  which is more stringent than the regulation provided under

28  such permit.

29         Section 2.  The Department of Environmental Protection

30  and the Fish and Wildlife Conservation Commission shall

31  jointly prepare a report evaluating the effects of


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  1  implementing the exemption provisions of section

  2  403.813(2)(s), Florida Statutes, on the overall water quality

  3  and aquatic and fishery habitat of waterbodies where the

  4  statutory exemptions have been used. The report must be

  5  submitted to the Governor and the Legislature by November 1,

  6  2004. The report shall also make recommendations for improving

  7  the implementation of these provisions.

  8         Section 3.  This act shall take effect July 1, 2002.

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