1

A bill to be entitled

2

An act relating to environmental permitting; requiring the

3

Department of Environmental Protection to conduct a study

4

and implement a plan to provide parity in salaries for

5

permitting staff and submit such plan to the President of

6

the Senate, the Speaker of the House of Representatives,

7

and the Legislative Committee on Intergovernmental

8

Relations; requiring the department to develop a plan to

9

implement the remaining phases of an e-permitting program

10

and submit such plan to the President of the Senate, the

11

Speaker of the House of Representatives, and the

12

Legislative Committee on Intergovernmental Relations;

13

prohibiting local governments from requiring the

14

production of certain written documentation from the

15

Department of Environmental Protection or a water

16

management district showing that a project does not

17

require a particular permit; amending s. 403.061, F.S.;

18

revising the department's powers and duties to include

19

maintaining a list of projects or activities that

20

applicants may consider when developing proposals for

21

certain projects or activities; amending s. 403.813, F.S.;

22

prohibiting a local government from requiring further

23

verification from the department for certain projects that

24

are exempt from permit requirements other than a general

25

permit; revising a provision relating to the replacement

26

or repair of existing docks and piers; authorizing local

27

governments to require permitting or a one-time

28

registration for the construction of certain private

29

docks; providing an effective date.

30

31

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

32

33

     Section 1. The Department of Environmental Protection shall

34

conduct a study to develop a plan that will implement parity in

35

salaries for environmental permitting staff. The department shall

36

phase in the plan over 3 years, beginning with the 2009-2010

37

fiscal year. The plan must include salaries that are comparable

38

to salaries for similar positions within water management

39

districts, local governments, and the marine construction

40

industry. The plan must enable the department to obtain and

41

retain qualified staff who are involved with environmental

42

resource permitting and related wetlands permit programs at the

43

state and district levels. The department shall submit the plan

44

to the President of the Senate, the Speaker of the House of

45

Representatives, and the Legislative Committee on

46

Intergovernmental Relations by November 1, 2008.

47

     Section 2. The Department of Environmental Protection shall

48

develop a project management plan that implements the remaining

49

phases of an e-permitting program that allows for timely

50

submittal, processing, and exchange of information relating to

51

permit applications and compliance. The plan must include an

52

implementation timetable, estimated costs, and transaction fees.

53

The department shall submit the plan to the President of the

54

Senate, the Speaker of the House of Representatives, and the

55

Legislative Committee on Intergovernmental Relations by November

56

1, 2008.

57

     Section 3. Notwithstanding any other provisions of law to

58

the contrary, a local government may not require the production

59

of written documentation from the Department of Environmental

60

Protection or a water management district showing that a project

61

does not require a permit pursuant to s. 403.813(2), Florida

62

Statutes.

63

     Section 4.  Present subsection (40) of section 403.061,

64

Florida Statutes, is redesignated as subsection (41), and a new

65

subsection (40) is added to that section to read:

66

     403.061  Department; powers and duties.--The department

67

shall have the power and the duty to control and prohibit

68

pollution of air and water in accordance with the law and rules

69

adopted and promulgated by it and, for this purpose, to:

70

     (40) Maintain a prioritized list of projects or activities

71

that applicants may consider when developing proposals to meet

72

the mitigation or public interest requirements of chapter 253,

73

chapter 373, or this chapter. The contents of such a list are not

74

a rule as defined in chapter 120, and listing a specific project

75

or activity does not imply approval by the department for such

76

project or activity. Each county government is encouraged to

77

develop a prioritized inventory of projects or activities for

78

inclusion on the list by obtaining input from local stakeholders

79

in the public, private, and nonprofit sectors, including local

80

governments, port authorities, marine contractors, other

81

representatives of the marine construction industry,

82

environmental or conservation organizations, and other interested

83

parties. Counties may establish dedicated funds depositing public

84

interest donations into a reserve for future public interest

85

projects, including improvements to on-water law enforcement

86

activities.

87

88

The department shall implement such programs in conjunction with

89

its other powers and duties and shall place special emphasis on

90

reducing and eliminating contamination that presents a threat to

91

humans, animals or plants, or to the environment.

92

     Section 5.  Subsections (2) and (3) of section 403.813,

93

Florida Statutes, are amended to read:     

94

403.813  Permits issued at district centers; exceptions.--

95

     (2)  A permit is not required under this chapter, chapter

96

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

97

25270, 1949, Laws of Florida, and a local government may not

98

require further verification from the department for activities

99

associated with the following types of projects; however, except

100

as otherwise provided in this subsection, nothing in this

101

subsection does not relieve relieves an applicant from any

102

requirement to obtain permission to use or occupy lands owned by

103

the Board of Trustees of the Internal Improvement Trust Fund or

104

any water management district in its governmental or proprietary

105

capacity or from complying with applicable local pollution

106

control programs authorized under this chapter or other

107

requirements of county and municipal governments:

108

     (a)  The installation of overhead transmission lines, with

109

support structures which are not constructed in waters of the

110

state and which do not create a navigational hazard.

111

     (b)  The installation and repair of mooring pilings and

112

dolphins associated with private docking facilities or piers and

113

the installation of private docks, piers and recreational docking

114

facilities, or piers and recreational docking facilities of local

115

governmental entities when the local governmental entity's

116

activities will not take place in any manatee habitat, any of

117

which docks:

118

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

119

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

120

Florida Waters or 1,000 square feet or less of over-water surface

121

area for a dock which is located in an area which is not

122

designated as Outstanding Florida Waters;

123

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

124

floating dock which is constructed so as not to involve filling

125

or dredging other than that necessary to install the pilings;

126

     3.  Shall not substantially impede the flow of water or

127

create a navigational hazard;

128

     4.  Is used for recreational, noncommercial activities

129

associated with the mooring or storage of boats and boat

130

paraphernalia; and

131

     5.  Is the sole dock constructed pursuant to this exemption

132

as measured along the shoreline for a distance of 65 feet, unless

133

the parcel of land or individual lot as platted is less than 65

134

feet in length along the shoreline, in which case there may be

135

one exempt dock allowed per parcel or lot.

136

137

Nothing in this paragraph shall prohibit the department from

138

taking appropriate enforcement action pursuant to this chapter to

139

abate or prohibit any activity otherwise exempt from permitting

140

pursuant to this paragraph if the department can demonstrate that

141

the exempted activity has caused water pollution in violation of

142

this chapter.

143

     (c)  The installation and maintenance to design

144

specifications of boat ramps on artificial bodies of water where

145

navigational access to the proposed ramp exists or the

146

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

147

the state where navigational access to the proposed ramp exists

148

and where the construction of the proposed ramp will be less than

149

30 feet wide and will involve the removal of less than 25 cubic

150

yards of material from the waters of the state, and the

151

maintenance to design specifications of such ramps; however, the

152

material to be removed shall be placed upon a self-contained

153

upland site so as to prevent the escape of the spoil material

154

into the waters of the state.

155

     (d)  The replacement or repair of existing docks and piers,

156

except that no fill material is to be used and provided that the

157

replacement or repaired dock or pier is in approximately the same

158

location and no larger in size and in substantially the same

159

configuration and dimensions as the existing dock or pier being

160

replaced or repaired.

161

     (e)  The restoration of seawalls at their previous locations

162

or upland of, or within 1 foot waterward of, their previous

163

locations. However, this shall not affect the permitting

164

requirements of chapter 161, and department rules shall clearly

165

indicate that this exception does not constitute an exception

166

from the permitting requirements of chapter 161.

167

     (f)  The performance of maintenance dredging of existing

168

manmade canals, channels, intake and discharge structures, and

169

previously dredged portions of natural water bodies within

170

drainage rights-of-way or drainage easements which have been

171

recorded in the public records of the county, where the spoil

172

material is to be removed and deposited on a self-contained,

173

upland spoil site which will prevent the escape of the spoil

174

material into the waters of the state, provided that no more

175

dredging is to be performed than is necessary to restore the

176

canals, channels, and intake and discharge structures, and

177

previously dredged portions of natural water bodies, to original

178

design specifications or configurations, provided that the work

179

is conducted in compliance with s. 370.12(2)(d), provided that no

180

significant impacts occur to previously undisturbed natural

181

areas, and provided that control devices for return flow and best

182

management practices for erosion and sediment control are

183

utilized to prevent bank erosion and scouring and to prevent

184

turbidity, dredged material, and toxic or deleterious substances

185

from discharging into adjacent waters during maintenance

186

dredging. Further, for maintenance dredging of previously dredged

187

portions of natural water bodies within recorded drainage rights-

188

of-way or drainage easements, an entity that seeks an exemption

189

must notify the department or water management district, as

190

applicable, at least 30 days prior to dredging and provide

191

documentation of original design specifications or configurations

192

where such exist. This exemption applies to all canals and

193

previously dredged portions of natural water bodies within

194

recorded drainage rights-of-way or drainage easements constructed

195

prior to April 3, 1970, and to those canals and previously

196

dredged portions of natural water bodies constructed on or after

197

April 3, 1970, pursuant to all necessary state permits. This

198

exemption does not apply to the removal of a natural or manmade

199

barrier separating a canal or canal system from adjacent waters.

200

When no previous permit has been issued by the Board of Trustees

201

of the Internal Improvement Trust Fund or the United States Army

202

Corps of Engineers for construction or maintenance dredging of

203

the existing manmade canal or intake or discharge structure, such

204

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

205

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

206

Internal Improvement Trust Fund may fix and recover from the

207

permittee an amount equal to the difference between the fair

208

market value and the actual cost of the maintenance dredging for

209

material removed during such maintenance dredging. However, no

210

charge shall be exacted by the state for material removed during

211

such maintenance dredging by a public port authority. The

212

removing party may subsequently sell such material; however,

213

proceeds from such sale that exceed the costs of maintenance

214

dredging shall be remitted to the state and deposited in the

215

Internal Improvement Trust Fund.

216

     (g)  The maintenance of existing insect control structures,

217

dikes, and irrigation and drainage ditches, provided that spoil

218

material is deposited on a self-contained, upland spoil site

219

which will prevent the escape of the spoil material into waters

220

of the state. In the case of insect control structures, if the

221

cost of using a self-contained upland spoil site is so excessive,

222

as determined by the Department of Health, pursuant to s.

223

403.088(1), that it will inhibit proposed insect control, then-

224

existing spoil sites or dikes may be used, upon notification to

225

the department. In the case of insect control where upland spoil

226

sites are not used pursuant to this exemption, turbidity control

227

devices shall be used to confine the spoil material discharge to

228

that area previously disturbed when the receiving body of water

229

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

230

harvesting waters, or functions as a habitat for commercially or

231

recreationally important shellfish or finfish. In all cases, no

232

more dredging is to be performed than is necessary to restore the

233

dike or irrigation or drainage ditch to its original design

234

specifications.

235

     (h)  The repair or replacement of existing functional pipes

236

or culverts the purpose of which is the discharge or conveyance

237

of stormwater. In all cases, the invert elevation, the diameter,

238

and the length of the culvert shall not be changed. However, the

239

material used for the culvert may be different from the original.

240

     (i)  The construction of private docks of 1,000 square feet

241

or less of over-water surface area and seawalls in artificially

242

created waterways where such construction will not violate

243

existing water quality standards, impede navigation, or affect

244

flood control. A local government may require permitting or a

245

one-time registration in order to ensure compliance with local

246

ordinances, codes, or regulations relating to building or zoning.

247

This exemption does not apply to the construction of vertical

248

seawalls in estuaries or lagoons unless the proposed construction

249

is within an existing manmade canal where the shoreline is

250

currently occupied in whole or part by vertical seawalls.

251

     (j)  The construction and maintenance of swales.

252

     (k)  The installation of aids to navigation and buoys

253

associated with such aids, provided the devices are marked

254

pursuant to s. 327.40.

255

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

256

bridges and vehicular bridges that are 100 feet or less in length

257

and two lanes or less in width, provided that no more dredging or

258

filling of submerged lands is performed other than that which is

259

necessary to replace or repair pilings and that the structure to

260

be replaced or repaired is the same length, the same

261

configuration, and in the same location as the original bridge.

262

No debris from the original bridge shall be allowed to remain in

263

the waters of the state.

264

     (m)  The installation of subaqueous transmission and

265

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

266

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

267

preserves, provided no dredging or filling is necessary.

268

     (n)  The replacement or repair of subaqueous transmission

269

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

270

waters of the state.

271

     (o)  The construction of private seawalls in wetlands or

272

other surface waters where such construction is between and

273

adjoins at both ends existing seawalls; follows a continuous and

274

uniform seawall construction line with the existing seawalls; is

275

no more than 150 feet in length; and does not violate existing

276

water quality standards, impede navigation, or affect flood

277

control. However, in estuaries and lagoons the construction of

278

vertical seawalls is limited to the circumstances and purposes

279

stated in s. 373.414(5)(b)1.-4. This paragraph does not affect

280

the permitting requirements of chapter 161, and department rules

281

must clearly indicate that this exception does not constitute an

282

exception from the permitting requirements of chapter 161.

283

     (p)  The restoration of existing insect control impoundment

284

dikes which are less than 100 feet in length. Such impoundments

285

shall be connected to tidally influenced waters for 6 months each

286

year beginning September 1 and ending February 28 if feasible or

287

operated in accordance with an impoundment management plan

288

approved by the department. A dike restoration may involve no

289

more dredging than is necessary to restore the dike to its

290

original design specifications. For the purposes of this

291

paragraph, restoration does not include maintenance of

292

impoundment dikes of operating insect control impoundments.

293

     (q)  The construction, operation, or maintenance of

294

stormwater management facilities which are designed to serve

295

single-family residential projects, including duplexes,

296

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

297

land and have less than 2 acres of impervious surface and if the

298

facilities:

299

     1.  Comply with all regulations or ordinances applicable to

300

stormwater management and adopted by a city or county;

301

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

302

sale; and

303

     3.  Discharge into a stormwater discharge facility exempted

304

or permitted by the department under this chapter which has

305

sufficient capacity and treatment capability as specified in this

306

chapter and is owned, maintained, or operated by a city, county,

307

special district with drainage responsibility, or water

308

management district; however, this exemption does not authorize

309

discharge to a facility without the facility owner's prior

310

written consent.

311

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

312

the associated replanting of indigenous aquatic plants, and the

313

associated removal from lakes of organic detrital material when

314

such planting or removal is performed and authorized by permit or

315

exemption granted under s. 369.20 or s. 369.25, provided that:

316

     1.  Organic detrital material that exists on the surface of

317

natural mineral substrate shall be allowed to be removed to a

318

depth of 3 feet or to the natural mineral substrate, whichever is

319

less;

320

     2.  All material removed pursuant to this paragraph shall be

321

deposited in an upland site in a manner that will prevent the

322

reintroduction of the material into waters in the state except

323

when spoil material is permitted to be used to create wildlife

324

islands in freshwater bodies of the state when a governmental

325

entity is permitted pursuant to s. 369.20 to create such islands

326

as a part of a restoration or enhancement project;

327

     3.  All activities are performed in a manner consistent with

328

state water quality standards; and

329

     4.  No activities under this exemption are conducted in

330

wetland areas, as defined by s. 373.019(25), which are supported

331

by a natural soil as shown in applicable United States Department

332

of Agriculture county soil surveys, except when a governmental

333

entity is permitted pursuant to s. 369.20 to conduct such

334

activities as a part of a restoration or enhancement project.

335

336

The department may not adopt implementing rules for this

337

paragraph, notwithstanding any other provision of law.

338

     (s)  The construction, installation, operation, or

339

maintenance of floating vessel platforms or floating boat lifts,

340

provided that such structures:

341

     1.  Float at all times in the water for the sole purpose of

342

supporting a vessel so that the vessel is out of the water when

343

not in use;

344

     2.  Are wholly contained within a boat slip previously

345

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

346

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

347

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

348

feet in an Outstanding Florida Water, when associated with a dock

349

that is exempt under this subsection or associated with a

350

permitted dock with no defined boat slip or attached to a

351

bulkhead on a parcel of land where there is no other docking

352

structure;

353

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

354

vessels that remain in the water when not in use, and do not

355

substantially impede the flow of water, create a navigational

356

hazard, or unreasonably infringe upon the riparian rights of

357

adjacent property owners, as defined in s. 253.141;

358

     4.  Are constructed and used so as to minimize adverse

359

impacts to submerged lands, wetlands, shellfish areas, aquatic

360

plant and animal species, and other biological communities,

361

including locating such structures in areas where seagrasses are

362

least dense adjacent to the dock or bulkhead; and

363

     5.  Are not constructed in areas specifically prohibited for

364

boat mooring under conditions of a permit issued in accordance

365

with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes

366

1983, as amended, or part IV of chapter 373, or other form of

367

authorization issued by a local government.

368

369

Structures that qualify for this exemption are relieved from any

370

requirement to obtain permission to use or occupy lands owned by

371

the Board of Trustees of the Internal Improvement Trust Fund and,

372

with the exception of those structures attached to a bulkhead on

373

a parcel of land where there is no docking structure, shall not

374

be subject to any more stringent permitting requirements,

375

registration requirements, or other regulation by any local

376

government. Local governments may require either permitting or

377

one-time registration of floating vessel platforms to be attached

378

to a bulkhead on a parcel of land where there is no other docking

379

structure as necessary to ensure compliance with local

380

ordinances, codes, or regulations. Local governments may require

381

either permitting or one-time registration of all other floating

382

vessel platforms as necessary to ensure compliance with the

383

exemption criteria in this section; to ensure compliance with

384

local ordinances, codes, or regulations relating to building or

385

zoning, which are no more stringent than the exemption criteria

386

in this section or address subjects other than subjects addressed

387

by the exemption criteria in this section; and to ensure proper

388

installation, maintenance, and precautionary or evacuation action

389

following a tropical storm or hurricane watch of a floating

390

vessel platform or floating boat lift that is proposed to be

391

attached to a bulkhead or parcel of land where there is no other

392

docking structure. The exemption provided in this paragraph shall

393

be in addition to the exemption provided in paragraph (b). The

394

department shall adopt a general permit by rule for the

395

construction, installation, operation, or maintenance of those

396

floating vessel platforms or floating boat lifts that do not

397

qualify for the exemption provided in this paragraph but do not

398

cause significant adverse impacts to occur individually or

399

cumulatively. The issuance of such general permit shall also

400

constitute permission to use or occupy lands owned by the Board

401

of Trustees of the Internal Improvement Trust Fund. No local

402

government shall impose a more stringent regulation, permitting

403

requirement, registration requirement, or other regulation

404

covered by such general permit. Local governments may require

405

either permitting or one-time registration of floating vessel

406

platforms as necessary to ensure compliance with the general

407

permit in this section; to ensure compliance with local

408

ordinances, codes, or regulations relating to building or zoning

409

that are no more stringent than the general permit in this

410

section; and to ensure proper installation and maintenance of a

411

floating vessel platform or floating boat lift that is proposed

412

to be attached to a bulkhead or parcel of land where there is no

413

other docking structure.

414

     (t)  The repair, stabilization, or paving of existing county

415

maintained roads and the repair or replacement of bridges that

416

are part of the roadway, within the Northwest Florida Water

417

Management District and the Suwannee River Water Management

418

District, provided:

419

     1.  The road and associated bridge were in existence and in

420

use as a public road or bridge, and were maintained by the county

421

as a public road or bridge on or before January 1, 2002;

422

     2.  The construction activity does not realign the road or

423

expand the number of existing traffic lanes of the existing road;

424

however, the work may include the provision of safety shoulders,

425

clearance of vegetation, and other work reasonably necessary to

426

repair, stabilize, pave, or repave the road, provided that the

427

work is constructed by generally accepted engineering standards;

428

     3.  The construction activity does not expand the existing

429

width of an existing vehicular bridge in excess of that

430

reasonably necessary to properly connect the bridge with the road

431

being repaired, stabilized, paved, or repaved to safely

432

accommodate the traffic expected on the road, which may include

433

expanding the width of the bridge to match the existing connected

434

road. However, no debris from the original bridge shall be

435

allowed to remain in waters of the state, including wetlands;

436

     4.  Best management practices for erosion control shall be

437

employed as necessary to prevent water quality violations;

438

     5.  Roadside swales or other effective means of stormwater

439

treatment must be incorporated as part of the project;

440

     6.  No more dredging or filling of wetlands or water of the

441

state is performed than that which is reasonably necessary to

442

repair, stabilize, pave, or repave the road or to repair or

443

replace the bridge, in accordance with generally accepted

444

engineering standards; and

445

     7.  Notice of intent to use the exemption is provided to the

446

department, if the work is to be performed within the Northwest

447

Florida Water Management District, or to the Suwannee River Water

448

Management District, if the work is to be performed within the

449

Suwannee River Water Management District, 30 days prior to

450

performing any work under the exemption.

451

452

Within 30 days after this act becomes a law, the department shall

453

initiate rulemaking to adopt a no fee general permit for the

454

repair, stabilization, or paving of existing roads that are

455

maintained by the county and the repair or replacement of bridges

456

that are part of the roadway where such activities do not cause

457

significant adverse impacts to occur individually or

458

cumulatively. The general permit shall apply statewide and, with

459

no additional rulemaking required, apply to qualified projects

460

reviewed by the Suwannee River Water Management District, the St.

461

Johns River Water Management District, the Southwest Florida

462

Water Management District, and the South Florida Water Management

463

District under the division of responsibilities contained in the

464

operating agreements applicable to part IV of chapter 373. Upon

465

adoption, this general permit shall, pursuant to the provisions

466

of subsection (3), supersede and replace the exemption in this

467

paragraph.

468

     (u)  Notwithstanding any provision to the contrary in this

469

subsection, a permit or other authorization under chapter 253,

470

chapter 369, chapter 373, or this chapter is not required for an

471

individual residential property owner for the removal of organic

472

detrital material from freshwater rivers or lakes that have a

473

natural sand or rocky substrate and that are not Aquatic

474

Preserves or for the associated removal and replanting of aquatic

475

vegetation for the purpose of environmental enhancement,

476

providing that:

477

     1.  No activities under this exemption are conducted in

478

wetland areas, as defined by s. 373.019(25), which are supported

479

by a natural soil as shown in applicable United States Department

480

of Agriculture county soil surveys.

481

     2.  No filling or peat mining is allowed.

482

     3.  No removal of native wetland trees, including, but not

483

limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.

484

     4.  When removing organic detrital material, no portion of

485

the underlying natural mineral substrate or rocky substrate is

486

removed.

487

     5.  Organic detrital material and plant material removed is

488

deposited in an upland site in a manner that will not cause water

489

quality violations.

490

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

491

appropriate turbidity controls, so as to prevent any water

492

quality violations outside the immediate work area.

493

     7.  Replanting with a variety of aquatic plants native to

494

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

495

preexisting vegetated areas where organic detrital material is

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

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

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vegetation as an access corridor. The access corridor width may

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

500

feet, whichever is less, and may be a sufficient length waterward

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to create a corridor to allow access for a boat or swimmer to

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reach open water. Replanting must be at a minimum density of 2

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feet on center and be completed within 90 days after removal of

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existing aquatic vegetation, except that under dewatered

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conditions replanting must be completed within 90 days after

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reflooding. The area to be replanted must extend waterward from

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the ordinary high water line to a point where normal water depth

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would be 3 feet or the preexisting vegetation line, whichever is

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less. Individuals are required to make a reasonable effort to

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maintain planting density for a period of 6 months after

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replanting is complete, and the plants, including naturally

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recruited native aquatic plants, must be allowed to expand and

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fill in the revegetation area. Native aquatic plants to be used

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for revegetation must be salvaged from the enhancement project

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site or obtained from an aquatic plant nursery regulated by the

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Department of Agriculture and Consumer Services. Plants that are

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not native to the state may not be used for replanting.

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     8.  No activity occurs any farther than 100 feet waterward

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of the ordinary high water line, and all activities must be

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designed and conducted in a manner that will not unreasonably

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restrict or infringe upon the riparian rights of adjacent upland

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riparian owners.

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     9.  The person seeking this exemption notifies the

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applicable department district office in writing at least 30 days

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before commencing work and allows the department to conduct a

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preconstruction site inspection. Notice must include an organic-

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detrital-material removal and disposal plan and, if applicable, a

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vegetation-removal and revegetation plan.

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     10.  The department is provided written certification of

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compliance with the terms and conditions of this paragraph within

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30 days after completion of any activity occurring under this

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exemption.

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     (3)  The provisions of subsection (2) are superseded by

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general permits established pursuant to ss. 373.118 and 403.814

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which include the same activities. Until such time as general

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permits are established, or if should general permits are be

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suspended or repealed, the exemptions under subsection (2) shall

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remain or shall be reestablished in full force and effect.

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     Section 6.  This act shall take effect upon becoming a law.