1 | A bill to be entitled |
2 | An act relating to water management; amending s. 374.975, |
3 | F.S.; providing that operation and maintenance of the |
4 | intracoastal waterways and certain other public navigation |
5 | channels by inland navigation districts is in the public |
6 | interest; amending s. 374.976, F.S.; authorizing inland |
7 | navigation districts to aid and cooperate with certain |
8 | nonmember counties in addressing the impacts of waterway |
9 | development projects; amending s. 403.813, F.S.; removing |
10 | provisions requiring the Secretary of Environmental |
11 | Protection to adopt procedural rules for certain dredge |
12 | and fill projects; revising provisions for maintenance |
13 | dredging of certain areas; providing criteria for such |
14 | works; removing activities related to irrigation and |
15 | drainage ditch projects from certain permitting |
16 | exemptions; amending ss. 253.03, 373.4145, and 380.061, |
17 | F.S.; conforming cross-references to changes made by the |
18 | act; authorizing the Department of Environmental |
19 | Protection to develop and maintain a list of flocculants |
20 | the use of which is permitted under part IV of chapter |
21 | 373, F.S., relating to management and storage of surface |
22 | waters; repealing s. 374.977, F.S., relating to |
23 | responsibility of inland navigation districts for posting |
24 | and maintaining regulatory markers for manatee protection |
25 | speed zones; providing an effective date. |
26 |
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27 | Be It Enacted by the Legislature of the State of Florida: |
28 |
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29 | Section 1. Subsection (1) of section 374.975, Florida |
30 | Statutes, is amended to read: |
31 | 374.975 Inland navigation districts; legislative intent.-- |
32 | (1) The Legislature hereby recognizes the continuing need |
33 | for inland navigation districts to undertake programs necessary |
34 | to accomplish the purposes of construction, maintenance, and |
35 | operation of Florida's inland waterways pursuant to s. 107 of |
36 | the federal River and Harbor Act of 1960 (33 U.S.C. s. 577) and |
37 | that is in the public interest for inland navigation districts |
38 | to operate and maintain the intracoastal waterways and any other |
39 | public navigation channels authorized by the Board of Trustees |
40 | of the Internal Improvement Trust Fund. |
41 | Section 2. Paragraph (c) of subsection (1) of section |
42 | 374.976, Florida Statutes, is amended to read: |
43 | 374.976 Authority to address impacts of waterway |
44 | development projects.-- |
45 | (1) Each inland navigation district is empowered and |
46 | authorized to undertake programs intended to alleviate the |
47 | problems associated with its waterway or waterways, including, |
48 | but not limited to, the following: |
49 | (c) The district is authorized to aid and cooperate with |
50 | the Federal Government, state, member counties, nonmember |
51 | counties that contain any part of the intracoastal waterway |
52 | within their boundaries, navigation districts, and local |
53 | governments within the district in planning and carrying out |
54 | public navigation, local and regional anchorage management, |
55 | beach renourishment, public recreation, inlet management, |
56 | environmental education, and boating safety projects, directly |
57 | related to the waterways. The district is also authorized to |
58 | enter into cooperative agreements with the United States Army |
59 | Corps of Engineers, state, and member counties, and to covenant |
60 | in any such cooperative agreement to pay part of the costs of |
61 | acquisition, planning, development, construction, |
62 | reconstruction, extension, improvement, operation, and |
63 | maintenance of such projects. |
64 | Section 3. Section 403.813, Florida Statutes, is amended |
65 | to read: |
66 | 403.813 Permits issued at district centers; exceptions.-- |
67 | (1) The secretary shall adopt procedural rules providing |
68 | for a short-form application for, and issuance at the district |
69 | centers of, permits for: |
70 | (a) Projects which affect less than 10 acres of |
71 | jurisdictional area and are within the landward extent of waters |
72 | of the state that are directly impacted by dredging or filling, |
73 | including other areas severed from or connected to waters of the |
74 | state as a result of dredge and fill activities. |
75 | (b) Docking facilities of less than 10 wet slips, which |
76 | facilities do not provide commercial or marine supplies or |
77 | services. |
78 | (c) New seawalls or similar structures which do not exceed |
79 | 500 linear feet of shoreline. |
80 | (d) The installation of subaqueous transmission and |
81 | distribution lines laid on, or embedded in, the bottoms of |
82 | waters of the state carrying water, electricity, communication |
83 | cables, oil, and gas, except as exempted by paragraph (2)(m) or |
84 | paragraph (2)(n). |
85 | (e) Other similar projects that are limited in scope as |
86 | specified by rule. |
87 | (1)(2) A permit is not required under this chapter, |
88 | chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 |
89 | or chapter 25270, 1949, Laws of Florida, for activities |
90 | associated with the following types of projects; however, except |
91 | as otherwise provided in this subsection, nothing in this |
92 | subsection relieves an applicant from any requirement to obtain |
93 | permission to use or occupy lands owned by the Board of Trustees |
94 | of the Internal Improvement Trust Fund or any water management |
95 | district in its governmental or proprietary capacity or from |
96 | complying with applicable local pollution control programs |
97 | authorized under this chapter or other requirements of county |
98 | and municipal governments: |
99 | (a) The installation of overhead transmission lines, with |
100 | support structures which are not constructed in waters of the |
101 | state and which do not create a navigational hazard. |
102 | (b) The installation and repair of mooring pilings and |
103 | dolphins associated with private docking facilities or piers and |
104 | the installation of private docks, piers and recreational |
105 | docking facilities, or piers and recreational docking facilities |
106 | of local governmental entities when the local governmental |
107 | entity's activities will not take place in any manatee habitat, |
108 | any of which docks: |
109 | 1. Has 500 square feet or less of over-water surface area |
110 | for a dock which is located in an area designated as Outstanding |
111 | Florida Waters or 1,000 square feet or less of over-water |
112 | surface area for a dock which is located in an area which is not |
113 | designated as Outstanding Florida Waters; |
114 | 2. Is constructed on or held in place by pilings or is a |
115 | floating dock which is constructed so as not to involve filling |
116 | or dredging other than that necessary to install the pilings; |
117 | 3. Shall not substantially impede the flow of water or |
118 | create a navigational hazard; |
119 | 4. Is used for recreational, noncommercial activities |
120 | associated with the mooring or storage of boats and boat |
121 | paraphernalia; and |
122 | 5. Is the sole dock constructed pursuant to this exemption |
123 | as measured along the shoreline for a distance of 65 feet, |
124 | unless the parcel of land or individual lot as platted is less |
125 | than 65 feet in length along the shoreline, in which case there |
126 | may be one exempt dock allowed per parcel or lot. |
127 |
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128 | Nothing in this paragraph shall prohibit the department from |
129 | taking appropriate enforcement action pursuant to this chapter |
130 | to abate or prohibit any activity otherwise exempt from |
131 | permitting pursuant to this paragraph if the department can |
132 | demonstrate that the exempted activity has caused water |
133 | pollution in violation of this chapter. |
134 | (c) The installation and maintenance to design |
135 | specifications of boat ramps on artificial bodies of water where |
136 | navigational access to the proposed ramp exists or the |
137 | installation of boat ramps open to the public in any waters of |
138 | the state where navigational access to the proposed ramp exists |
139 | and where the construction of the proposed ramp will be less |
140 | than 30 feet wide and will involve the removal of less than 25 |
141 | cubic yards of material from the waters of the state, and the |
142 | maintenance to design specifications of such ramps; however, the |
143 | material to be removed shall be placed upon a self-contained |
144 | upland site so as to prevent the escape of the spoil material |
145 | into the waters of the state. |
146 | (d) The replacement or repair of existing docks and piers, |
147 | except that no fill material is to be used and provided that the |
148 | replacement or repaired dock or pier is in the same location and |
149 | of the same configuration and dimensions as the dock or pier |
150 | being replaced or repaired. |
151 | (e) The restoration of seawalls at their previous |
152 | locations or upland of, or within 1 foot waterward of, their |
153 | previous locations. However, this shall not affect the |
154 | permitting requirements of chapter 161, and department rules |
155 | shall clearly indicate that this exception does not constitute |
156 | an exception from the permitting requirements of chapter 161. |
157 | (f)1. Maintenance dredging of the following areas that |
158 | have been previously dredged or excavated: |
159 | a. Boat basins. |
160 | b. Boat slips. |
161 | c. Intake and discharge structures. |
162 | d. Navigation channels. |
163 | e. Portions of natural water bodies within drainage |
164 | rights-of-way or drainage easements that have been recorded in |
165 | the public records of the county. |
166 | f. Port facilities. |
167 | g. Predominantly residential canals and canal systems. |
168 | h. Manmade waters that were wholly excavated from lands |
169 | other than wetlands and other surface waters such as canals, |
170 | irrigation ditches, drainage ditches, and semienclosed port |
171 | berths. |
172 | 2. All such maintenance dredging must meet the following |
173 | conditions: |
174 | a. The proposed work must be for purposes of maintenance |
175 | rather than restoration. Work is not maintenance when the area |
176 | to be dredged fails to reasonably fulfill its original design |
177 | function, or the repairs needed to return the system to its |
178 | original design are so extensive that they would cause more than |
179 | a minimal individual or cumulative adverse environmental impact. |
180 | This shall not be construed to prohibit maintenance dredging of |
181 | areas where the loss of design function has been caused by storm |
182 | events, provided that the dredging is performed as soon as |
183 | practical after the storm event. Maintenance dredging that |
184 | commences within two years of the storm event shall be presumed |
185 | to satisfy this provision. If more than two years are need to |
186 | commence the maintenance dredging after the storm event, a |
187 | request shall be submitted to the department accompanied by a |
188 | statement, including supporting documentation, that contractors |
189 | are not available or that additional time is needed to obtain |
190 | authorization from the U.S. Army Corps of Engineers. |
191 | b. The area to be dredged must have been lawfully dredged |
192 | or excavated pursuant to all applicable state and federal |
193 | permits or authorizations at the time of original construction. |
194 | c. No more dredging shall be performed than is necessary |
195 | to maintain the area to be dredged in conformance with its |
196 | original design specification or configuration, whichever is |
197 | less. Dredging of intake or discharge structures or canals that |
198 | were originally constructed prior to the requirement to obtain |
199 | any state or federal permit shall be limited to a depth of no |
200 | more than 5 feet below mean or ordinary low water, or the |
201 | original design specification or configuration, whichever is |
202 | less. |
203 | d. No significant impacts shall occur to previously |
204 | undisturbed natural areas. |
205 | e. All dredged material shall be removed and deposited |
206 | within a lawfully existing upland disposal site or an offshore |
207 | dredged material disposal site located outside of the state's |
208 | territorial limits that has been approved by the U.S. |
209 | Environmental Protection Agency under s. 102 of the Marine |
210 | Protection, Research, and Sanctuaries Act of l972. |
211 | f. Turbidity curtains or other best management practices |
212 | shall be installed and maintained to minimize turbidity and |
213 | prevent erosion, scour, and the release of toxic or deleterious |
214 | substances such that the activity does not result in violations |
215 | of water quality standards at all points of dredging and |
216 | discharge, and at the dredged material disposal site, except as |
217 | provided below: |
218 | (I) A mixing zone for turbidity is granted within a 100- |
219 | meter radius from the point of dredging while dredging is |
220 | ongoing provided that the mixing zone does not extend into areas |
221 | supporting submerged aquatic vegetation or hardbottom |
222 | communities. |
223 | (II) The discharge of return water from the dredged |
224 | material disposal site shall be allowed so long as the discharge |
225 | water does not result in a violation of water quality standards |
226 | in the receiving waters. However, return water discharges into |
227 | manmade waters as described in sub-subparagraph 1.h., other than |
228 | those in Monroe County, shall be granted a mixing zone for |
229 | turbidity within a 150-meter radius from the point of discharge |
230 | during and immediately following discharges while dredging is |
231 | ongoing; such a mixing zone shall not extend outside of the |
232 | manmade waters. |
233 | g. All work performed under this exemption shall be |
234 | conducted in compliance with s. 370.12(2)(d). |
235 | h. No charge shall be exacted by the state for material |
236 | removed during such maintenance dredging by a public port |
237 | authority or inland navigation district. |
238 | i. The dredging shall not involve the removal or |
239 | alteration of a natural or manmade barrier separating manmade |
240 | waters as described in sub-subparagraph 1.h. from adjacent |
241 | waters. |
242 | j. Any person seeking to use this exemption in previously |
243 | dredged portions of natural water bodies within drainage rights- |
244 | of-way or drainage easements which have been recorded in the |
245 | public records of the county shall notify the department or |
246 | water management district, as applicable, at least 30 days prior |
247 | to dredging, and provide documentation of original design |
248 | specifications or configurations of the area to be dredged, |
249 | where such exist, in the notice. |
250 | k. The use of flocculants at the disposal site is allowed |
251 | provided that such use, including supporting documentation, has |
252 | been coordinated in advance with the department and determined |
253 | to not be harmful to water resources. |
254 | (f) The performance of maintenance dredging of existing |
255 | manmade canals, channels, intake and discharge structures, and |
256 | previously dredged portions of natural water bodies within |
257 | drainage rights-of-way or drainage easements which have been |
258 | recorded in the public records of the county, where the spoil |
259 | material is to be removed and deposited on a self-contained, |
260 | upland spoil site which will prevent the escape of the spoil |
261 | material into the waters of the state, provided that no more |
262 | dredging is to be performed than is necessary to restore the |
263 | canals, channels, and intake and discharge structures, and |
264 | previously dredged portions of natural water bodies, to original |
265 | design specifications or configurations, provided that the work |
266 | is conducted in compliance with s. 370.12(2)(d), provided that |
267 | no significant impacts occur to previously undisturbed natural |
268 | areas, and provided that control devices for return flow and |
269 | best management practices for erosion and sediment control are |
270 | utilized to prevent bank erosion and scouring and to prevent |
271 | turbidity, dredged material, and toxic or deleterious substances |
272 | from discharging into adjacent waters during maintenance |
273 | dredging. Further, for maintenance dredging of previously |
274 | dredged portions of natural water bodies within recorded |
275 | drainage rights-of-way or drainage easements, an entity that |
276 | seeks an exemption must notify the department or water |
277 | management district, as applicable, at least 30 days prior to |
278 | dredging and provide documentation of original design |
279 | specifications or configurations where such exist. This |
280 | exemption applies to all canals and previously dredged portions |
281 | of natural water bodies within recorded drainage rights-of-way |
282 | or drainage easements constructed prior to April 3, 1970, and to |
283 | those canals and previously dredged portions of natural water |
284 | bodies constructed on or after April 3, 1970, pursuant to all |
285 | necessary state permits. This exemption does not apply to the |
286 | removal of a natural or manmade barrier separating a canal or |
287 | canal system from adjacent waters. When no previous permit has |
288 | been issued by the Board of Trustees of the Internal Improvement |
289 | Trust Fund or the United States Army Corps of Engineers for |
290 | construction or maintenance dredging of the existing manmade |
291 | canal or intake or discharge structure, such maintenance |
292 | dredging shall be limited to a depth of no more than 5 feet |
293 | below mean low water. The Board of Trustees of the Internal |
294 | Improvement Trust Fund may fix and recover from the permittee an |
295 | amount equal to the difference between the fair market value and |
296 | the actual cost of the maintenance dredging for material removed |
297 | during such maintenance dredging. However, no charge shall be |
298 | exacted by the state for material removed during such |
299 | maintenance dredging by a public port authority. The removing |
300 | party may subsequently sell such material; however, proceeds |
301 | from such sale that exceed the costs of maintenance dredging |
302 | shall be remitted to the state and deposited in the Internal |
303 | Improvement Trust Fund. |
304 | (g) The maintenance of existing insect control structures |
305 | and, dikes, and irrigation and drainage ditches, provided that |
306 | spoil material is deposited on a self-contained, upland spoil |
307 | site which will prevent the escape of the spoil material into |
308 | waters of the state. In the case of insect control structures, |
309 | if the cost of using a self-contained upland spoil site is so |
310 | excessive, as determined by the Department of Health, pursuant |
311 | to s. 403.088(1), that it will inhibit proposed insect control, |
312 | then-existing spoil sites or dikes may be used, upon |
313 | notification to the department. In the case of insect control |
314 | where upland spoil sites are not used pursuant to this |
315 | exemption, turbidity control devices shall be used to confine |
316 | the spoil material discharge to that area previously disturbed |
317 | when the receiving body of water is used as a potable water |
318 | supply, is designated as shellfish harvesting waters, or |
319 | functions as a habitat for commercially or recreationally |
320 | important shellfish or finfish. In all cases, no more dredging |
321 | is to be performed than is necessary to maintain restore the |
322 | dike or irrigation or drainage ditch to its original design |
323 | specifications. |
324 | (h) The repair or replacement of existing functional pipes |
325 | or culverts the purpose of which is the discharge or conveyance |
326 | of stormwater. In all cases, the invert elevation, the diameter, |
327 | and the length of the culvert shall not be changed. However, the |
328 | material used for the culvert may be different from the |
329 | original. |
330 | (i) The construction of private docks of 1,000 square feet |
331 | or less of over-water surface area and seawalls in artificially |
332 | created waterways where such construction will not violate |
333 | existing water quality standards, impede navigation, or affect |
334 | flood control. This exemption does not apply to the construction |
335 | of vertical seawalls in estuaries or lagoons unless the proposed |
336 | construction is within an existing manmade canal where the |
337 | shoreline is currently occupied in whole or part by vertical |
338 | seawalls. |
339 | (j) The construction and maintenance of swales. |
340 | (k) The installation of aids to navigation and buoys |
341 | associated with such aids, provided the devices are marked |
342 | pursuant to s. 327.40. |
343 | (l) The replacement or repair of existing open-trestle |
344 | foot bridges and vehicular bridges that are 100 feet or less in |
345 | length and two lanes or less in width, provided that no more |
346 | dredging or filling of submerged lands is performed other than |
347 | that which is necessary to replace or repair pilings and that |
348 | the structure to be replaced or repaired is the same length, the |
349 | same configuration, and in the same location as the original |
350 | bridge. No debris from the original bridge shall be allowed to |
351 | remain in the waters of the state. |
352 | (m) The installation of subaqueous transmission and |
353 | distribution lines laid on, or embedded in, the bottoms of |
354 | waters in the state, except in Class I and Class II waters and |
355 | aquatic preserves, provided no dredging or filling is necessary. |
356 | (n) The replacement or repair of subaqueous transmission |
357 | and distribution lines laid on, or embedded in, the bottoms of |
358 | waters of the state. |
359 | (o) The construction of private seawalls in wetlands or |
360 | other surface waters where such construction is between and |
361 | adjoins at both ends existing seawalls; follows a continuous and |
362 | uniform seawall construction line with the existing seawalls; is |
363 | no more than 150 feet in length; and does not violate existing |
364 | water quality standards, impede navigation, or affect flood |
365 | control. However, in estuaries and lagoons the construction of |
366 | vertical seawalls is limited to the circumstances and purposes |
367 | stated in s. 373.414(5)(b)1.-4. This paragraph does not affect |
368 | the permitting requirements of chapter 161, and department rules |
369 | must clearly indicate that this exception does not constitute an |
370 | exception from the permitting requirements of chapter 161. |
371 | (p) The restoration of existing insect control impoundment |
372 | dikes which are less than 100 feet in length. Such impoundments |
373 | shall be connected to tidally influenced waters for 6 months |
374 | each year beginning September 1 and ending February 28 if |
375 | feasible or operated in accordance with an impoundment |
376 | management plan approved by the department. A dike restoration |
377 | may involve no more dredging than is necessary to restore the |
378 | dike to its original design specifications. For the purposes of |
379 | this paragraph, restoration does not include maintenance of |
380 | impoundment dikes of operating insect control impoundments. |
381 | (q) The construction, operation, or maintenance of |
382 | stormwater management facilities which are designed to serve |
383 | single-family residential projects, including duplexes, |
384 | triplexes, and quadruplexes, if they are less than 10 acres |
385 | total land and have less than 2 acres of impervious surface and |
386 | if the facilities: |
387 | 1. Comply with all regulations or ordinances applicable to |
388 | stormwater management and adopted by a city or county; |
389 | 2. Are not part of a larger common plan of development or |
390 | sale; and |
391 | 3. Discharge into a stormwater discharge facility exempted |
392 | or permitted by the department under this chapter which has |
393 | sufficient capacity and treatment capability as specified in |
394 | this chapter and is owned, maintained, or operated by a city, |
395 | county, special district with drainage responsibility, or water |
396 | management district; however, this exemption does not authorize |
397 | discharge to a facility without the facility owner's prior |
398 | written consent. |
399 | (r) The removal of aquatic plants, the removal of |
400 | tussocks, the associated replanting of indigenous aquatic |
401 | plants, and the associated removal from lakes of organic |
402 | detrital material when such planting or removal is performed and |
403 | authorized by permit or exemption granted under s. 369.20 or s. |
404 | 369.25, provided that: |
405 | 1. Organic detrital material that exists on the surface of |
406 | natural mineral substrate shall be allowed to be removed to a |
407 | depth of 3 feet or to the natural mineral substrate, whichever |
408 | is less; |
409 | 2. All material removed pursuant to this paragraph shall |
410 | be deposited in an upland site in a manner that will prevent the |
411 | reintroduction of the material into waters in the state except |
412 | when spoil material is permitted to be used to create wildlife |
413 | islands in freshwater bodies of the state when a governmental |
414 | entity is permitted pursuant to s. 369.20 to create such islands |
415 | as a part of a restoration or enhancement project; |
416 | 3. All activities are performed in a manner consistent |
417 | with state water quality standards; and |
418 | 4. No activities under this exemption are conducted in |
419 | wetland areas, as defined by s. 373.019(25), which are supported |
420 | by a natural soil as shown in applicable United States |
421 | Department of Agriculture county soil surveys, except when a |
422 | governmental entity is permitted pursuant to s. 369.20 to |
423 | conduct such activities as a part of a restoration or |
424 | enhancement project. |
425 |
|
426 | The department may not adopt implementing rules for this |
427 | paragraph, notwithstanding any other provision of law. |
428 | (s) The construction, installation, operation, or |
429 | maintenance of floating vessel platforms or floating boat lifts, |
430 | provided that such structures: |
431 | 1. Float at all times in the water for the sole purpose of |
432 | supporting a vessel so that the vessel is out of the water when |
433 | not in use; |
434 | 2. Are wholly contained within a boat slip previously |
435 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
436 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
437 | do not exceed a combined total of 500 square feet, or 200 square |
438 | feet in an Outstanding Florida Water, when associated with a |
439 | dock that is exempt under this subsection or associated with a |
440 | permitted dock with no defined boat slip or attached to a |
441 | bulkhead on a parcel of land where there is no other docking |
442 | structure; |
443 | 3. Are not used for any commercial purpose or for mooring |
444 | vessels that remain in the water when not in use, and do not |
445 | substantially impede the flow of water, create a navigational |
446 | hazard, or unreasonably infringe upon the riparian rights of |
447 | adjacent property owners, as defined in s. 253.141; |
448 | 4. Are constructed and used so as to minimize adverse |
449 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
450 | plant and animal species, and other biological communities, |
451 | including locating such structures in areas where seagrasses are |
452 | least dense adjacent to the dock or bulkhead; and |
453 | 5. Are not constructed in areas specifically prohibited |
454 | for boat mooring under conditions of a permit issued in |
455 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
456 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
457 | other form of authorization issued by a local government. |
458 |
|
459 | Structures that qualify for this exemption are relieved from any |
460 | requirement to obtain permission to use or occupy lands owned by |
461 | the Board of Trustees of the Internal Improvement Trust Fund |
462 | and, with the exception of those structures attached to a |
463 | bulkhead on a parcel of land where there is no docking |
464 | structure, shall not be subject to any more stringent permitting |
465 | requirements, registration requirements, or other regulation by |
466 | any local government. Local governments may require either |
467 | permitting or one-time registration of floating vessel platforms |
468 | to be attached to a bulkhead on a parcel of land where there is |
469 | no other docking structure as necessary to ensure compliance |
470 | with local ordinances, codes, or regulations. Local governments |
471 | may require either permitting or one-time registration of all |
472 | other floating vessel platforms as necessary to ensure |
473 | compliance with the exemption criteria in this section; to |
474 | ensure compliance with local ordinances, codes, or regulations |
475 | relating to building or zoning, which are no more stringent than |
476 | the exemption criteria in this section or address subjects other |
477 | than subjects addressed by the exemption criteria in this |
478 | section; and to ensure proper installation, maintenance, and |
479 | precautionary or evacuation action following a tropical storm or |
480 | hurricane watch of a floating vessel platform or floating boat |
481 | lift that is proposed to be attached to a bulkhead or parcel of |
482 | land where there is no other docking structure. The exemption |
483 | provided in this paragraph shall be in addition to the exemption |
484 | provided in paragraph (b). The department shall adopt a general |
485 | permit by rule for the construction, installation, operation, or |
486 | maintenance of those floating vessel platforms or floating boat |
487 | lifts that do not qualify for the exemption provided in this |
488 | paragraph but do not cause significant adverse impacts to occur |
489 | individually or cumulatively. The issuance of such general |
490 | permit shall also constitute permission to use or occupy lands |
491 | owned by the Board of Trustees of the Internal Improvement Trust |
492 | Fund. No local government shall impose a more stringent |
493 | regulation, permitting requirement, registration requirement, or |
494 | other regulation covered by such general permit. Local |
495 | governments may require either permitting or one-time |
496 | registration of floating vessel platforms as necessary to ensure |
497 | compliance with the general permit in this section; to ensure |
498 | compliance with local ordinances, codes, or regulations relating |
499 | to building or zoning that are no more stringent than the |
500 | general permit in this section; and to ensure proper |
501 | installation and maintenance of a floating vessel platform or |
502 | floating boat lift that is proposed to be attached to a bulkhead |
503 | or parcel of land where there is no other docking structure. |
504 | (t) The repair, stabilization, or paving of existing |
505 | county maintained roads and the repair or replacement of bridges |
506 | that are part of the roadway, within the Northwest Florida Water |
507 | Management District and the Suwannee River Water Management |
508 | District, provided: |
509 | 1. The road and associated bridge were in existence and in |
510 | use as a public road or bridge, and were maintained by the |
511 | county as a public road or bridge on or before January 1, 2002; |
512 | 2. The construction activity does not realign the road or |
513 | expand the number of existing traffic lanes of the existing |
514 | road; however, the work may include the provision of safety |
515 | shoulders, clearance of vegetation, and other work reasonably |
516 | necessary to repair, stabilize, pave, or repave the road, |
517 | provided that the work is constructed by generally accepted |
518 | engineering standards; |
519 | 3. The construction activity does not expand the existing |
520 | width of an existing vehicular bridge in excess of that |
521 | reasonably necessary to properly connect the bridge with the |
522 | road being repaired, stabilized, paved, or repaved to safely |
523 | accommodate the traffic expected on the road, which may include |
524 | expanding the width of the bridge to match the existing |
525 | connected road. However, no debris from the original bridge |
526 | shall be allowed to remain in waters of the state, including |
527 | wetlands; |
528 | 4. Best management practices for erosion control shall be |
529 | employed as necessary to prevent water quality violations; |
530 | 5. Roadside swales or other effective means of stormwater |
531 | treatment must be incorporated as part of the project; |
532 | 6. No more dredging or filling of wetlands or water of the |
533 | state is performed than that which is reasonably necessary to |
534 | repair, stabilize, pave, or repave the road or to repair or |
535 | replace the bridge, in accordance with generally accepted |
536 | engineering standards; and |
537 | 7. Notice of intent to use the exemption is provided to |
538 | the department, if the work is to be performed within the |
539 | Northwest Florida Water Management District, or to the Suwannee |
540 | River Water Management District, if the work is to be performed |
541 | within the Suwannee River Water Management District, 30 days |
542 | prior to performing any work under the exemption. |
543 |
|
544 | Within 30 days after this act becomes a law, the department |
545 | shall initiate rulemaking to adopt a no fee general permit for |
546 | the repair, stabilization, or paving of existing roads that are |
547 | maintained by the county and the repair or replacement of |
548 | bridges that are part of the roadway where such activities do |
549 | not cause significant adverse impacts to occur individually or |
550 | cumulatively. The general permit shall apply statewide and, with |
551 | no additional rulemaking required, apply to qualified projects |
552 | reviewed by the Suwannee River Water Management District, the |
553 | St. Johns River Water Management District, the Southwest Florida |
554 | Water Management District, and the South Florida Water |
555 | Management District under the division of responsibilities |
556 | contained in the operating agreements applicable to part IV of |
557 | chapter 373. Upon adoption, this general permit shall, pursuant |
558 | to the provisions of subsection (2) (3), supersede and replace |
559 | the exemption in this paragraph. |
560 | (u) Notwithstanding any provision to the contrary in this |
561 | subsection, a permit or other authorization under chapter 253, |
562 | chapter 369, chapter 373, or this chapter is not required for an |
563 | individual residential property owner for the removal of organic |
564 | detrital material from freshwater rivers or lakes that have a |
565 | natural sand or rocky substrate and that are not Aquatic |
566 | Preserves or for the associated removal and replanting of |
567 | aquatic vegetation for the purpose of environmental enhancement, |
568 | providing that: |
569 | 1. No activities under this exemption are conducted in |
570 | wetland areas, as defined by s. 373.019(25), which are supported |
571 | by a natural soil as shown in applicable United States |
572 | Department of Agriculture county soil surveys. |
573 | 2. No filling or peat mining is allowed. |
574 | 3. No removal of native wetland trees, including, but not |
575 | limited to, ash, bay, cypress, gum, maple, or tupelo, occurs. |
576 | 4. When removing organic detrital material, no portion of |
577 | the underlying natural mineral substrate or rocky substrate is |
578 | removed. |
579 | 5. Organic detrital material and plant material removed is |
580 | deposited in an upland site in a manner that will not cause |
581 | water quality violations. |
582 | 6. All activities are conducted in such a manner, and with |
583 | appropriate turbidity controls, so as to prevent any water |
584 | quality violations outside the immediate work area. |
585 | 7. Replanting with a variety of aquatic plants native to |
586 | the state shall occur in a minimum of 25 percent of the |
587 | preexisting vegetated areas where organic detrital material is |
588 | removed, except for areas where the material is removed to bare |
589 | rocky substrate; however, an area may be maintained clear of |
590 | vegetation as an access corridor. The access corridor width may |
591 | not exceed 50 percent of the property owner's frontage or 50 |
592 | feet, whichever is less, and may be a sufficient length |
593 | waterward to create a corridor to allow access for a boat or |
594 | swimmer to reach open water. Replanting must be at a minimum |
595 | density of 2 feet on center and be completed within 90 days |
596 | after removal of existing aquatic vegetation, except that under |
597 | dewatered conditions replanting must be completed within 90 days |
598 | after reflooding. The area to be replanted must extend waterward |
599 | from the ordinary high water line to a point where normal water |
600 | depth would be 3 feet or the preexisting vegetation line, |
601 | whichever is less. Individuals are required to make a reasonable |
602 | effort to maintain planting density for a period of 6 months |
603 | after replanting is complete, and the plants, including |
604 | naturally recruited native aquatic plants, must be allowed to |
605 | expand and fill in the revegetation area. Native aquatic plants |
606 | to be used for revegetation must be salvaged from the |
607 | enhancement project site or obtained from an aquatic plant |
608 | nursery regulated by the Department of Agriculture and Consumer |
609 | Services. Plants that are not native to the state may not be |
610 | used for replanting. |
611 | 8. No activity occurs any farther than 100 feet waterward |
612 | of the ordinary high water line, and all activities must be |
613 | designed and conducted in a manner that will not unreasonably |
614 | restrict or infringe upon the riparian rights of adjacent upland |
615 | riparian owners. |
616 | 9. The person seeking this exemption notifies the |
617 | applicable department district office in writing at least 30 |
618 | days before commencing work and allows the department to conduct |
619 | a preconstruction site inspection. Notice must include an |
620 | organic-detrital-material removal and disposal plan and, if |
621 | applicable, a vegetation-removal and revegetation plan. |
622 | 10. The department is provided written certification of |
623 | compliance with the terms and conditions of this paragraph |
624 | within 30 days after completion of any activity occurring under |
625 | this exemption. |
626 | (2)(3) The provisions of subsection (1) (2) are superseded |
627 | by general permits established pursuant to ss. 373.118 and |
628 | 403.814 which include the same activities. Until such time as |
629 | general permits are established, or should general permits be |
630 | suspended or repealed, the exemptions under subsection (1) (2) |
631 | shall remain or shall be reestablished in full force and effect. |
632 | Section 4. Subsection (16) of section 253.03, Florida |
633 | Statutes, is amended to read: |
634 | 253.03 Board of trustees to administer state lands; lands |
635 | enumerated.-- |
636 | (16) The Board of Trustees of the Internal Improvement |
637 | Trust Fund, and the state through its agencies, may not control, |
638 | regulate, permit, or charge for any severed materials which are |
639 | removed from the area adjacent to an intake or discharge |
640 | structure pursuant to an exemption authorized in s. |
641 | 403.813(1)(2)(f) and (r). |
642 | Section 5. Subsection (3) of section 373.4145, Florida |
643 | Statutes, is amended to read: |
644 | 373.4145 Part IV permitting program within the |
645 | geographical jurisdiction of the Northwest Florida Water |
646 | Management District.-- |
647 | (3) The rules adopted under subsection (1), as applicable, |
648 | shall: |
649 | (a) Incorporate the exemptions in ss. 373.406 and |
650 | 403.813(1)(2). |
651 | (b) Incorporate the provisions of rule 62-341.475(1)(f), |
652 | Florida Administrative Code, applicable to single-family homes |
653 | located entirely or partially within wholly owned, isolated |
654 | wetlands. |
655 | (c) Exempt from the notice and permitting requirements of |
656 | this part the construction or private use of a single-family |
657 | dwelling unit, duplex, triplex, or quadruplex that: |
658 | 1. Is not part of a larger common plan of development or |
659 | sale proposed by the applicant. |
660 | 2. Does not involve wetlands or other surface waters. |
661 | (d) Incorporate the exemptions and general permits that |
662 | are effective under this part and have been enacted by rule by |
663 | the department and other water management districts, including |
664 | the general permits authorized by s. 403.814. |
665 | (e) Provide an exemption for the repair, stabilization, or |
666 | paving of county-maintained roads existing on or before January |
667 | 1, 2002, and the repair or replacement of bridges that are part |
668 | of the roadway consistent with the provisions of s. |
669 | 403.813(1)(2)(t), notwithstanding the provisions of s. |
670 | 403.813(1)(2)(t)7. requiring adoption of a general permit |
671 | applicable within the Northwest Florida Water Management |
672 | District and the repeal of such exemption upon the adoption of a |
673 | general permit. |
674 | (f) Exempt from rule criteria under paragraph (1)(b) an |
675 | alteration of a wholly owned, artificial surface water created |
676 | entirely from uplands that does not connect to surface waters of |
677 | the state, except for those created for the purpose of providing |
678 | mitigation under this part. |
679 | Section 6. Paragraph (a) of subsection (3) of section |
680 | 380.061, Florida Statutes, is amended to read: |
681 | 380.061 The Florida Quality Developments program.-- |
682 | (3)(a) To be eligible for designation under this program, |
683 | the developer shall comply with each of the following |
684 | requirements which is applicable to the site of a qualified |
685 | development: |
686 | 1. Have donated or entered into a binding commitment to |
687 | donate the fee or a lesser interest sufficient to protect, in |
688 | perpetuity, the natural attributes of the types of land listed |
689 | below. In lieu of the above requirement, the developer may enter |
690 | into a binding commitment which runs with the land to set aside |
691 | such areas on the property, in perpetuity, as open space to be |
692 | retained in a natural condition or as otherwise permitted under |
693 | this subparagraph. Under the requirements of this subparagraph, |
694 | the developer may reserve the right to use such areas for the |
695 | purpose of passive recreation that is consistent with the |
696 | purposes for which the land was preserved. |
697 | a. Those wetlands and water bodies throughout the state as |
698 | would be delineated if the provisions of s. 373.4145(1)(b) were |
699 | applied. The developer may use such areas for the purpose of |
700 | site access, provided other routes of access are unavailable or |
701 | impracticable; may use such areas for the purpose of stormwater |
702 | or domestic sewage management and other necessary utilities to |
703 | the extent that such uses are permitted pursuant to chapter 403; |
704 | or may redesign or alter wetlands and water bodies within the |
705 | jurisdiction of the Department of Environmental Protection which |
706 | have been artificially created, if the redesign or alteration is |
707 | done so as to produce a more naturally functioning system. |
708 | b. Active beach or primary and, where appropriate, |
709 | secondary dunes, to maintain the integrity of the dune system |
710 | and adequate public accessways to the beach. However, the |
711 | developer may retain the right to construct and maintain |
712 | elevated walkways over the dunes to provide access to the beach. |
713 | c. Known archaeological sites determined to be of |
714 | significance by the Division of Historical Resources of the |
715 | Department of State. |
716 | d. Areas known to be important to animal species |
717 | designated as endangered or threatened animal species by the |
718 | United States Fish and Wildlife Service or by the Fish and |
719 | Wildlife Conservation Commission, for reproduction, feeding, or |
720 | nesting; for traveling between such areas used for reproduction, |
721 | feeding, or nesting; or for escape from predation. |
722 | e. Areas known to contain plant species designated as |
723 | endangered plant species by the Department of Agriculture and |
724 | Consumer Services. |
725 | 2. Produce, or dispose of, no substances designated as |
726 | hazardous or toxic substances by the United States Environmental |
727 | Protection Agency or by the Department of Environmental |
728 | Protection or the Department of Agriculture and Consumer |
729 | Services. This subparagraph is not intended to apply to the |
730 | production of these substances in nonsignificant amounts as |
731 | would occur through household use or incidental use by |
732 | businesses. |
733 | 3. Participate in a downtown reuse or redevelopment |
734 | program to improve and rehabilitate a declining downtown area. |
735 | 4. Incorporate no dredge and fill activities in, and no |
736 | stormwater discharge into, waters designated as Class II, |
737 | aquatic preserves, or Outstanding Florida Waters, except as |
738 | activities in those waters are permitted pursuant to s. |
739 | 403.813(1)(2) and the developer demonstrates that those |
740 | activities meet the standards under Class II waters, Outstanding |
741 | Florida Waters, or aquatic preserves, as applicable. |
742 | 5. Include open space, recreation areas, Xeriscape as |
743 | defined in s. 373.185, and energy conservation and minimize |
744 | impermeable surfaces as appropriate to the location and type of |
745 | project. |
746 | 6. Provide for construction and maintenance of all onsite |
747 | infrastructure necessary to support the project and enter into a |
748 | binding commitment with local government to provide an |
749 | appropriate fair-share contribution toward the offsite impacts |
750 | which the development will impose on publicly funded facilities |
751 | and services, except offsite transportation, and condition or |
752 | phase the commencement of development to ensure that public |
753 | facilities and services, except offsite transportation, will be |
754 | available concurrent with the impacts of the development. For |
755 | the purposes of offsite transportation impacts, the developer |
756 | shall comply, at a minimum, with the standards of the state land |
757 | planning agency's development-of-regional-impact transportation |
758 | rule, the approved strategic regional policy plan, any |
759 | applicable regional planning council transportation rule, and |
760 | the approved local government comprehensive plan and land |
761 | development regulations adopted pursuant to part II of chapter |
762 | 163. |
763 | 7. Design and construct the development in a manner that |
764 | is consistent with the adopted state plan, the applicable |
765 | strategic regional policy plan, and the applicable adopted local |
766 | government comprehensive plan. |
767 | Section 7. The Department of Environmental Protection may |
768 | develop and maintain a list of flocculants the use of which is |
769 | permitted under part IV of chapter 373, Florida Statutes, |
770 | including information concerning any associated testing to |
771 | determine compliance with state permitting standards and |
772 | information on application rates and methods. Publication of |
773 | this list is not a rule under the provisions of chapter 120, |
774 | Florida Statutes. This section does not prevent an entity from |
775 | proposing, or the department from approving, the use of a |
776 | flocculant that is not on the department's list subject to the |
777 | entity providing the necessary documentation required by the |
778 | department to ensure that its use will not cause harm to the |
779 | water resources of the state. |
780 | Section 8. Section 374.977, Florida Statutes, is repealed. |
781 | Section 9. This act shall take effect July 1, 2008. |