HB 7163

1
A bill to be entitled
2An act relating to environmental permitting; reenacting
3and amending s. 373.4145, F.S.; requiring the Northwest
4Florida Water Management District and the Department of
5Environmental Protection to jointly develop rules for the
6regulation of certain activities related to stormwater
7management systems and the management and storage of
8surface waters; requiring the district and the department
9to streamline federal and state wetland permitting
10programs and to implement such measures; requiring certain
11exemptions and provisions for rules relating to certain
12dwellings; requiring the department and district to
13incorporate certain exemptions and general permits in
14joint rules; exempting certain activities and structures
15from permitting requirements; requiring the department and
16the district to enter into an operating agreement for the
17implementation of certain provisions; requiring the
18district to be responsible for the regulation and local
19delegation of certain activities; providing for continuing
20operation of certain earlier law; repealing certain
21provisions upon the adoption of rules; providing effect
22for failure to fund in any given fiscal year; requiring
23the department to negotiate with local governments in the
24district by a certain date for delegation of
25responsibility for certain permitting; requiring the
26department to report to the Legislature by a certain date;
27providing an appropriation for operational expenses of the
28district; repealing s. 4 of ch. 2005-273, Laws of Florida,
29and s. 32 of ch. 2005-71, Laws of Florida, which specified
30dates certain for the repeal of certain provisions
31relating to permitting in the district; prohibiting
32limitation or restriction on the protections from
33duplication contained in certain provisions of law;
34providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  Section 373.4145, Florida Statutes, is
39reenacted and amended to read:
40     373.4145  Interim Part IV permitting program within the
41geographical jurisdiction of for the Northwest Florida Water
42Management District.--
43     (1)  Within the geographical jurisdiction of the Northwest
44Florida Water Management District, taking into consideration the
45differing physical and natural characteristics of the area, the
46department and the district shall the permitting authority of
47the department under this part shall consist solely of the
48following, notwithstanding the rule adoption deadline in s.
49373.414(9):
50     (a)  Jointly develop rules to regulate the construction,
51operation, alteration, maintenance, abandonment, and removal of
52stormwater management systems. The department shall initiate the
53rulemaking process within 60 days after the effective date of
54this act and shall implement the rules no sooner than January 1,
552007; the district may implement the rules without adoption
56pursuant to s. 120.54. Until the stormwater management system
57rules take effect, chapter 62-25 17-25, Florida Administrative
58Code, shall remain in full force and effect, and shall be
59implemented by the department. Notwithstanding the provisions of
60this section, chapter 62-25 17-25, Florida Administrative Code,
61may be amended by the department as necessary to comply with any
62requirements of state or federal laws or regulations, or any
63condition imposed by a federal program, or as a requirement for
64receipt of federal grant funds. The intent of the rules created
65under this paragraph is to update existing stormwater rules, to
66improve water quality and flood protection, and to apply the
67least restrictive measures and criteria adopted in other water
68management district rules.
69     (b)  Jointly develop rules for the management and storage
70of surface waters under this part. The department shall initiate
71the rulemaking process within 60 days after the effective date
72of this act and shall implement the rules no sooner than January
731, 2008; the district may implement the rules without adoption
74pursuant to s. 120.54. Until the rules for the management and
75storage of surface waters under this part take effect, rules
76adopted pursuant to the authority of ss. 403.91-403.929, 1984
77Supplement to the Florida Statutes 1983, as amended, in effect
78prior to July 1, 1994, shall remain in full force and effect,
79and shall be implemented by the department. However, the
80department is authorized to establish additional exemptions and
81general permits for dredging and filling, if such exemptions or
82general permits do not allow significant adverse impacts to
83occur individually or cumulatively. However, for the purpose of
84chapter 62-312 17-312, Florida Administrative Code, the landward
85extent of surface waters of the state identified in rule 62-
86312.030(2) 17-312.030(2), Florida Administrative Code, shall be
87determined in accordance with the methodology in rules 62-
88340.100 through 62-340.600 17-340.100 through 17-340.600,
89Florida Administrative Code, as ratified in s. 373.4211, upon
90the effective date of such ratified methodology. In implementing
91s. 373.421(2), the department shall determine the extent of
92those surface waters and wetlands within the regulatory
93authority of the department as described in this paragraph. At
94the request of the petitioner, the department shall also
95determine the extent of surface waters and wetlands that which
96can be delineated by the methodology ratified in s. 373.4211,
97but that which are not subject to the regulatory authority of
98the department as described in this paragraph. The intent of the
99rules created under this paragraph is to improve the management
100and storage of surface waters with minimal impact on property
101interests and to consider the rural nature, current development
102trends, and abundant natural resources of the district relative
103to the permitting thresholds and requirements.
104     (c)  Pursue streamlining of the federal and state wetland
105permitting programs pursuant to ss. 373.4143 and 373.4144.
106     (d)  Implement, to the maximum extent possible,
107streamlining measures, including electronic permitting, field
108permitting, and certification programs for activities with
109minimal individual or cumulative impact, informal wetland
110determinations, and other similar measures.
111     (2)(c)  The department may implement chapter 40A-4, Florida
112Administrative Code, in effect prior to July 1, 1994, pursuant
113to an interagency agreement with the Northwest Florida Water
114Management District adopted under s. 373.046(4).
115     (3)  The rules adopted under subsection (1), as applicable,
116shall:
117     (a)  Incorporate the exemptions in ss. 373.406 and
118403.813(2).
119     (b)  Incorporate the provisions of rule 62-341.475(1)(f),
120Florida Administrative Code, applicable to single-family homes
121located entirely or partially within wholly owned, isolated
122wetlands.
123     (c)  Exempt from the notice and permitting requirements of
124this part the construction or private use of a single-family
125dwelling unit, duplex, triplex, or quadruplex that:
126     1.  Is not part of a larger common plan of development or
127sale proposed by the applicant.
128     2.  Does not involve wetlands or other surface waters.
129     (d)  Incorporate the exemptions and general permits that
130are effective under this part and have been enacted by rule by
131the department and other water management districts, including
132the general permits authorized by s. 403.814.
133     (e)  Provide an exemption for the repair, stabilization, or
134paving of county maintained roads existing on or before January
1351, 2002, and the repair or replacement of bridges that are part
136of the roadway consistent with the provisions of s.
137403.813(2)(t), notwithstanding the provisions of s.
138403.813(2)(t)7. requiring adoption of a general permit
139applicable within the Northwest Florida Water Management
140District and the repeal of such exemption upon the adoption of a
141general permit.
142     (f)  Exempt from rule criteria under paragraph (1)(b) an
143alteration of a wholly owned, artificial surface water created
144entirely from uplands that does not connect to surface waters of
145the state, except for those created for the purpose of providing
146mitigation under this part.
147     (2)  The authority of the Northwest Florida Water
148Management District to implement this part or to implement any
149authority pursuant to delegation by the department shall not be
150affected by this section. The rule adoption deadline in s.
151373.414(9) shall not apply to said district.
152     (4)(3)  The department and the division of permitting
153responsibilities in s. 373.046(4) shall not apply within the
154geographical jurisdiction of the Northwest Florida Water
155Management District shall enter into an operating agreement
156under s. 373.046 to effectively implement this section and
157provide the district with the amount of responsibility under the
158agreement that resources allow, including, at a minimum, the
159responsibility for regulating silviculture and agriculture. The
160operating agreement shall encourage local delegation of the
161responsibilities under this section pursuant to s. 373.441.
162     (5)  The provisions of s. 373.414(11)-(14) shall not apply
163to rules adopted under this section.
164     (6)  The following activities shall continue to be governed
165by the provisions of s. 373.4145, Florida Statutes 1994:
166     (a)  The operation and routine custodial maintenance of
167activities legally in existence before the effective date of the
168rules adopted under subsection (1), as long as the terms and
169conditions of the permit, exemption, or other authorization for
170such activities continue to be met.
171     (b)  The activities approved in a permit issued pursuant to
172s. 373.4145, Florida Statutes 1994, and the review of activities
173proposed in applications received and completed before the
174effective date of the rules adopted under subsection (1), as
175applicable. This paragraph shall also apply to any modification
176of the plans, terms, and conditions of a permit issued pursuant
177to s. 373.4145, Florida Statutes 1994, that lessens the
178environmental impact, except that any such modification shall
179not extend the time limit for construction beyond 2 additional
180years.
181
182This subsection shall not apply to any activity that is altered,
183modified, expanded, abandoned, or removed after adoption of the
184applicable rules under subsection (1).
185     (7)  Unless the petitioner elects to apply rule 62-340,
186Florida Administrative Code, to all wetlands, the delineation of
187the landward extent of wetlands and other surface waters for
188petitions filed under s. 373.421(2) prior to the effective date
189of the rules adopted under paragraph (1)(b) shall continue to be
190determined in accordance with rule 62-312.030(2), Florida
191Administrative Code, in effect July 1, 1994, and rules 62-
192340.100 through 62-340.600, Florida Administrative Code, as
193ratified in s. 373.4211.
194     (4)  If the United States Environmental Protection Agency
195approves an assumption of the federal program to regulate the
196discharge of dredged or fill material by the department or the
197water management districts, or both, pursuant to s. 404 of the
198Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
1991251 et seq.; the United States Army Corps of Engineers issues
200one or more state programmatic general permits under the
201referenced statutes; or the United States Environmental
202Protection Agency or the United States Corps of Engineers
203approves any other delegation of regulatory authority under the
204referenced statutes, then the department may implement any
205permitting authority granted in this part within the Northwest
206Florida Water Management District which is prescribed as a
207condition of granting such assumption, general permit, or
208delegation.
209     (8)(5)  Within the geographical jurisdiction of the
210Northwest Florida Water Management District, the methodology for
211determining the landward extent of surface waters of the state
212under chapter 403 in effect prior to the effective date of the
213methodology ratified in s. 373.4211 shall apply to:
214     (a)  Activities permitted under the rules adopted pursuant
215to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
2161983, as amended, or that which were exempted from regulation
217under such rules, prior to July 1, 1994, and that which were
218permitted under chapter 62-25 17-25, Florida Administrative
219Code, or exempt from chapter 62-25 17-25, Florida Administrative
220Code, prior to July 1, 1994, provided:
221     1.  An activity authorized by such permits is conducted in
222accordance with the plans, terms, and conditions of such
223permits.
224     2.  An activity exempted from the permitting requirements
225of the rules adopted pursuant to ss. 403.91-403.929, 1984
226Supplement to the Florida Statutes 1983, as amended, or chapter
22762-25 17-25, Florida Administrative Code, is:
228     a.  Commenced prior to July 1, 1994, and completed by July
2291, 1999;
230     b.  Conducted in accordance with a plan depicting the
231activity that which has been submitted to and approved for
232construction by the department, the appropriate local
233government, the United States Army Corps of Engineers, or the
234Northwest Florida Water Management District; and
235     c.  Conducted in accordance with the terms of the
236exemption.
237     (b)  An activity within the boundaries of a valid
238jurisdictional declaratory statement issued pursuant to s.
239403.914, 1984 Supplement to the Florida Statutes 1983, as
240amended, or the rules adopted thereunder, in response to a
241petition received prior to June 1, 1994.
242     (c)  Any modification of a permitted or exempt activity as
243described in paragraph (a) that which does not constitute a
244substantial modification or that which lessens the environmental
245impact of such permitted or exempt activity. For the purposes of
246this section, a substantial modification is one that which is
247reasonably expected to lead to substantially different
248environmental impacts.
249     (d)  Applications for activities permitted under the rules
250adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
2511983 Florida Statutes, as amended, that which were pending on
252June 15, 1994, unless the application elects to have applied the
253delineation methodology ratified in s. 373.4211.
254     (9)  Subsections (2) and (8) are repealed on the effective
255date of the rules adopted under subsection (1).
256     (10)  If the Legislature in any given fiscal year fails to
257fund and staff the environmental resource permitting program
258established under this section, the environmental resource
259permitting program shall be suspended for that fiscal year and
260the rules and statutes governing development activity in the
261district shall revert to those in effect on April 1, 2006, until
262such time as funding and staffing levels are restored consistent
263with this section.
264     (6)  Subsections (1), (2), (3), and (4) shall be repealed
265effective July 1, 2006.
266     Section 2.  On or before October 1, 2006, the Department of
267Environmental Protection shall enter into negotiations with any
268local government within the Northwest Florida Water Management
269District that requests to be delegated the responsibilities
270under this act pursuant to s. 373.441, Florida Statutes, in
271order to minimize duplicative permitting programs and increase
272governmental efficiency while maintaining environmental
273standards. The department shall report to the President of the
274Senate and the Speaker of the House of Representatives by March
2751, 2007, regarding progress made in the negotiation of
276environmental permitting with any local government and
277delegation of responsibilities thereto in accordance with this
278section.
279     Section 3.  The sum of $2,740,000 is appropriated from the
280General Revenue Fund to the Department of Environmental
281Protection for the 2006-2007 fiscal year for the operational
282expenditures of the Northwest Florida Water Management District
283pursuant to s. 373.4145, Florida Statutes, as amended by this
284act.
285     Section 4.  Section 4 of chapter 2005-273, Laws of Florida,
286and section 32 of chapter 2005-71, Laws of Florida, are
287repealed.
288     Section 5.  No authority granted by this act shall limit or
289restrict the protections from duplication contained in s.
290163.3162 or s. 823.14, Florida Statutes.
291     Section 6.  This act shall take effect July 1, 2006.


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