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2 | A bill to be entitled |
3 | An act relating to environmental protection; amending s. |
4 | 403.813, F.S.; providing for applicability of a road and |
5 | bridge project permit exemption to the Suwannee River |
6 | Water Management District; requiring the Department of |
7 | Environmental Protection to adopt a general permit that |
8 | shall be applicable to qualified projects reviewed by the |
9 | department or applicable water management district; |
10 | providing for the repeal of this paragraph upon adoption |
11 | of the general permit; deleting an obsolete provision |
12 | relating to a report; providing an effective date. |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Paragraph (t) of subsection (2) of section |
17 | 403.813, Florida Statutes, is amended to read: |
18 | 403.813 Permits issued at district centers; exceptions.-- |
19 | (2) A permit is not required under this chapter, chapter |
20 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
21 | chapter 25270, 1949, Laws of Florida, for activities associated |
22 | with the following types of projects; however, except as |
23 | otherwise provided in this subsection, nothing in this |
24 | subsection relieves an applicant from any requirement to obtain |
25 | permission to use or occupy lands owned by the Board of Trustees |
26 | of the Internal Improvement Trust Fund or any water management |
27 | district in its governmental or proprietary capacity or from |
28 | complying with applicable local pollution control programs |
29 | authorized under this chapter or other requirements of county |
30 | and municipal governments: |
31 | (t) The repair, stabilization, or paving of existing |
32 | county maintained roads and the repair or replacement of bridges |
33 | that are part of the roadway, within the Northwest Florida Water |
34 | Management District and the Suwannee River Water Management |
35 | District, provided: |
36 | 1. The road and associated bridge were in existence and in |
37 | use as a public road or bridge, and were maintained by the |
38 | county as a public road or bridge on or before January 1, 2002; |
39 | 2. The construction activity does not realign the road or |
40 | expand the number of existing traffic lanes of the existing |
41 | road; however, the work may include the provision of safety |
42 | shoulders, clearance of vegetation, and other work reasonably |
43 | necessary to repair, stabilize, pave, or repave the road, |
44 | provided that the work is constructed by generally accepted |
45 | engineering standards; |
46 | 3. The construction activity does not expand the existing |
47 | width of an existing vehicular bridge in excess of that |
48 | reasonably necessary to properly connect the bridge with the |
49 | road being repaired, stabilized, paved, or repaved to safely |
50 | accommodate the traffic expected on the road, which may include |
51 | expanding the width of the bridge to match the existing |
52 | connected road. However, no debris from the original bridge |
53 | shall be allowed to remain in waters of the state, including |
54 | wetlands; |
55 | 4. Best management practices for erosion control shall be |
56 | employed as necessary to prevent water quality violations; |
57 | 5. Roadside swales or other effective means of stormwater |
58 | treatment must be incorporated as part of the project; and |
59 | 6. No more dredging or filling of wetlands or water of the |
60 | state is performed than that which is reasonably necessary to |
61 | repair, stabilize, pave, or repave the road or to repair or |
62 | replace the bridge, in accordance with generally accepted |
63 | engineering standards; and |
64 | 7. Notice of intent to use the exemption is provided to |
65 | the department, if the work is to be performed within the |
66 | Northwest Florida Water Management District, or to the Suwannee |
67 | River Water Management District, if the work is to be performed |
68 | within the Suwannee River Water Management District, 30 days |
69 | prior to performing any work under the exemption. |
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71 | Within 30 days after this act becomes a law, the department |
72 | shall initiate rulemaking to adopt a no fee general permit for |
73 | the repair, stabilization, or paving of existing roads that are |
74 | maintained by the county and the repair or replacement of |
75 | bridges that are part of the roadway where such activities do |
76 | not cause significant adverse impacts to occur individually or |
77 | cumulatively. The general permit shall apply statewide and, with |
78 | no additional rulemaking required, apply to qualified projects |
79 | reviewed by the Suwannee River Water Management District, the |
80 | St. Johns River Water Management District, the Southwest Florida |
81 | Water Management District, and the South Florida Water |
82 | Management District under the division of responsibilities |
83 | contained in the operating agreements applicable to part IV of |
84 | chapter 373. Upon adoption, this general permit shall, pursuant |
85 | to the provisions of subsection (3), supersede and replace the |
86 | exemption in this paragraph. The department shall submit a |
87 | report to the Governor and the Legislature by March 1, 2004, to |
88 | evaluate the effects of this exemption and make recommendations |
89 | for the exemption to apply statewide. |
90 | Section 2. This act shall take effect upon becoming a law. |