Florida Senate - 2008 (Reformatted) SB 758

By Senators Bennett and Gaetz

21-02444-08 2008758__

A bill to be entitled

An act relating to inland navigation districts; amending

s. 374.975, F.S.; providing legislative intent that

operation of a inland navigation district is in the public

interest; amending s. 374.976, F.S.; providing that an

inland navigation district may aid and cooperate with

specified groups in planning and carrying out certain

specified activities; amending s. 403.813, F.S.; deleting

certain provisions requiring the Secretary of

Environmental Protection to adopt procedural rules for the

issuance of permits; providing that certain projects are

exempt from the requirement to obtain a permit; providing

for maintenance dredging for certain areas previously

dredged; providing conditions precedent for maintenance

dredging; authorizing the Department of Environmental

Protection to develop and maintain a list of flocculants

that may be used at a disposal site of dredged material;

providing that the list does not prevent an entity from

proposing, or the department from approving, the use of a

flocculant that is not on the department's list; requiring

the entity to provide documentation that the flocculant

will not cause harm to the water resources of the state;

amending ss. 253.03, 373.4145, and 380.061, F.S.;

correcting cross-references; repealing s. 374.977, F.S.,

relating to manatee protection speed zones and

responsibility for sign posting; providing an effective

date.

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

Section 1. Subsection (1) of section 374.975, Florida

Statutes, is amended to read:

374.975 Inland navigation districts; legislative intent.--

(1) The Legislature hereby recognizes the continuing need

for inland navigation districts to undertake programs necessary

to accomplish the purposes of construction, maintenance, and

operation of Florida's inland waterways pursuant to s. 107 of the

federal River and Harbor Act of 1960 (33 U.S.C. s. 577).

Operation and maintenance by an inland navigation district of the

intracoastal waterway and any other public navigation channel

authorized by the Board of Trustees of the Internal Improvement

Trust Fund is in the public interest.

Section 2. Paragraph (c) of subsection (1) of section

374.976, Florida Statutes, is amended to read:

374.976 Authority to address impacts of waterway

development projects.--

(1) Each inland navigation district is empowered and

authorized to undertake programs intended to alleviate the

problems associated with its waterway or waterways, including,

but not limited to, the following:

the Federal Government, the state, member counties, nonmember

counties that contain any part of the intracoastal waterway

within their boundaries, navigation districts, and local

governments within the district in planning and carrying out

public navigation, local and regional anchorage management, beach

renourishment, public recreation, inlet management, environmental

education, and boating safety projects, directly related to the

waterways. The district is also authorized to enter into

cooperative agreements with the United States Army Corps of

Engineers, the state, and member counties, and to covenant in any

such cooperative agreement to pay part of the costs of

acquisition, planning, development, construction, reconstruction,

extension, improvement, operation, and maintenance of such

projects.

Section 3. Section 403.813, Florida Statutes, is amended to

read:

403.813 Permits issued at district centers; exceptions.--

(1) The secretary shall adopt procedural rules providing

for a short-form application for, and issuance at the district

centers of, permits for:

(a) Projects which affect less than 10 acres of

jurisdictional area and are within the landward extent of waters

of the state that are directly impacted by dredging or filling,

including other areas severed from or connected to waters of the

state as a result of dredge and fill activities.

(b) Docking facilities of less than 10 wet slips, which

facilities do not provide commercial or marine supplies or

services.

500 linear feet of shoreline.

(d) The installation of subaqueous transmission and

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

of the state carrying water, electricity, communication cables,

oil, and gas, except as exempted by paragraph (2)(m) or paragraph

(2)(n).

(e) Other similar projects that are limited in scope as

specified by rule.

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

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

25270, 1949, Laws of Florida, for activities associated with the

following types of projects; however, except as otherwise

provided in this subsection, nothing in this subsection does not

relieve relieves an applicant from any requirement to obtain

permission to use or occupy lands owned by the Board of Trustees

of the Internal Improvement Trust Fund or any water management

district in its governmental or proprietary capacity or from

complying with applicable local pollution control programs

authorized under this chapter or other requirements of county and

100

municipal governments:

101

(a) The installation of overhead transmission lines, with

102

support structures which are not constructed in waters of the

103

state and which do not create a navigational hazard.

104

(b) The installation and repair of mooring pilings and

105

dolphins associated with private docking facilities or piers and

106

the installation of private docks, piers and recreational docking

107

facilities, or piers and recreational docking facilities of local

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governmental entities when the local governmental entity's

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

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which docks:

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

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

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

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

115

designated as Outstanding Florida Waters;

116

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

117

floating dock which is constructed so as not to involve filling

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or dredging other than that necessary to install the pilings;

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3. Shall not substantially impede the flow of water or

120

create a navigational hazard;

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4. Is used for recreational, noncommercial activities

122

associated with the mooring or storage of boats and boat

123

paraphernalia; and

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5. Is the sole dock constructed pursuant to this exemption

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

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

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

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one exempt dock allowed per parcel or lot.

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Nothing in This paragraph does not shall prohibit the department

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from taking appropriate enforcement action pursuant to this

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chapter to abate or prohibit any activity otherwise exempt from

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permitting under pursuant to this paragraph if the department can

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demonstrate that the exempted activity has caused water pollution

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in violation of this chapter.

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specifications of boat ramps on artificial bodies of water where

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navigational access to the proposed ramp exists or the

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

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the state where navigational access to the proposed ramp exists

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

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

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

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maintenance to design specifications of such ramps; however, the

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

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

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into the waters of the state.

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

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

150

replacement or repaired dock or pier is in the same location and

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of the same configuration and dimensions as the dock or pier

152

being replaced or repaired.

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(e) The restoration of seawalls at their previous locations

154

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

155

locations. However, this shall not affect the permitting

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requirements of chapter 161, and department rules shall clearly

157

indicate that this exception does not constitute an exception

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from the permitting requirements of chapter 161.

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(f)1. Maintenance dredging of the following areas that have

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been previously dredged or excavated:

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a. Boat basins;

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b. Boat slips;

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c. Intake and discharge structures;

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d. Navigation channels;

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e. Portions of natural water bodies within drainage rights-

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of-way or drainage easements that have been recorded in the

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public records of the county;

168

f. Port facilities;

169

g. Predominantly residential canals and canal systems; or

170

h. Manmade waters that were wholly excavated from lands

171

other than wetlands and other surface waters such as canals,

172

irrigation ditches, drainage ditches, and semienclosed port

173

berths.

174

2. All such maintenance dredging must meet the following

175

conditions:

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a. The proposed work must be intended to maintain rather

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than restore. Work is not maintenance work if the area to be

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dredged fails to reasonably fulfill its original design function

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or the repairs needed to return the system to its original design

180

are so extensive that they would cause more than a minimal

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individual or cumulative adverse environmental impact. This sub-

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subparagraph does not prohibit maintenance dredging of areas

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where the loss of design function has been caused by storm events

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if the dredging is performed as soon as practical after the storm

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event. Maintenance dredging that begins within 2 years after the

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storm event is presumed to be as soon as practical. If more than

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2 years are needed to begin maintenance dredging after the storm

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event, a request to dredge must be submitted to the department.

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The request must include a statement, supported by documentation,

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that dredging contractors are not available to perform the work

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or that additional time is needed to obtain authorization to

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dredge from the United States Army Corps of Engineers.

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b. The area to be dredged must have been lawfully dredged

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or excavated pursuant to all applicable state and federal permits

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or authorizations at the time of original construction.

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c. No more dredging may be performed than is necessary to

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maintain the area to be dredged in conformity with its original

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design specification or configuration, whichever is less.

199

Dredging of intake or discharge structures or canals that were

200

constructed before the requirement to obtain a state or federal

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permit is limited to a depth of no more than 5 feet below mean

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low-water level for tidal waters or mean annual low-water level

203

for nontidal waters, or the original design specification or

204

configuration, whichever is less.

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d. Significant impacts may not occur to previously

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undisturbed natural areas.

207

e. All dredged material must be removed and deposited

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within a lawfully existing upland disposal site or in an offshore

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dredged material disposal site located outside the state's

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territorial limits which has been approved by the United States

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Environmental Protection Agency under s. 102 of the Marine

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Protection, Research, and Sanctuaries Act of l972.

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f. Turbidity curtains or other best-management practices

214

must be installed and maintained to minimize turbidity and

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prevent erosion, scour, and the release of toxic or deleterious

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substances such that the activity does not result in violations

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of water quality standards at all points of dredging and

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discharge, and at the dredged material disposal site, except as

219

provided in sub-sub-subparagraphs (I) and (II):

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(I) A mixing zone for turbidity is granted within a 100-

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meter radius around the point of dredging while dredging is

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ongoing if the mixing zone does not extend into areas supporting

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submerged aquatic vegetation or hard-bottom communities.

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(II) The discharge of return water from the dredged

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material disposal site is allowed so long as the discharge water

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does not result in a violation of water quality standards in the

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receiving waters. However, return water discharges into manmade

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waters as described in sub-subparagraph 1.h., other than those in

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Monroe County, shall be granted a mixing zone for turbidity

230

within a 150-meter radius from the point of discharge during and

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immediately following discharges while dredging is ongoing,

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except that such a mixing zone may not extend outside the manmade

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waters.

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g. All work performed under this paragraph shall be

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conducted in compliance with s. 370.12(2)(d).

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h. The state may not charge a public port authority or

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inland navigation district for material removed during

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maintenance dredging.

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i. Dredging may not involve the removal or alteration of a

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natural or manmade barrier separating manmade waters as described

241

in sub-subparagraph 1.h. from adjacent waters.

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j. Any person seeking to use the exemption provided in this

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paragraph in previously dredged portions of natural water bodies

244

within drainage rights-of-way or drainage easements that have

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been recorded in the public records of the county must notify the

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department or water management district, as applicable, at least

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30 days before dredging, and provide documentation of the

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original design specifications or configurations of the area to

249

be dredged, where such exist, in the notice.

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k. The use of flocculants at the disposal site is allowed

251

if such use, including supporting documentation, has been

252

coordinated in advance with the department and determined not be

253

harmful to water resources. The performance of maintenance

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dredging of existing manmade canals, channels, intake and

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discharge structures, and previously dredged portions of natural

256

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

257

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

258

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

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

260

of the spoil material into the waters of the state, provided that

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no more dredging is to be performed than is necessary to restore

262

the canals, channels, and intake and discharge structures, and

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previously dredged portions of natural water bodies, to original

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design specifications or configurations, provided that the work

265

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

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significant impacts occur to previously undisturbed natural

267

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

268

management practices for erosion and sediment control are

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utilized to prevent bank erosion and scouring and to prevent

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turbidity, dredged material, and toxic or deleterious substances

271

from discharging into adjacent waters during maintenance

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dredging. Further, for maintenance dredging of previously dredged

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portions of natural water bodies within recorded drainage rights-

274

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

275

must notify the department or water management district, as

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applicable, at least 30 days prior to dredging and provide

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documentation of original design specifications or configurations

278

where such exist. This exemption applies to all canals and

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previously dredged portions of natural water bodies within

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recorded drainage rights-of-way or drainage easements constructed

281

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

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dredged portions of natural water bodies constructed on or after

283

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

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

285

barrier separating a canal or canal system from adjacent waters.

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

287

of the Internal Improvement Trust Fund or the United States Army

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Corps of Engineers for construction or maintenance dredging of

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the existing manmade canal or intake or discharge structure, such

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

291

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

292

Internal Improvement Trust Fund may fix and recover from the

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permittee an amount equal to the difference between the fair

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market value and the actual cost of the maintenance dredging for

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material removed during such maintenance dredging. However, no

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charge shall be exacted by the state for material removed during

297

such maintenance dredging by a public port authority. The

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removing party may subsequently sell such material; however,

299

proceeds from such sale that exceed the costs of maintenance

300

dredging shall be remitted to the state and deposited in the

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Internal Improvement Trust Fund.

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(g) The maintenance of existing insect control structures,

303

and dikes, and irrigation and drainage ditches, provided that

304

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

305

site which will prevent the escape of the spoil material into

306

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

307

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

308

excessive, as determined by the Department of Health, pursuant to

309

s. 403.088(1), that it will inhibit proposed insect control,

310

then-existing spoil sites or dikes may be used, upon notification

311

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

312

spoil sites are not used pursuant to this exemption, turbidity

313

control devices shall be used to confine the spoil material

314

discharge to that area previously disturbed when the receiving

315

body of water is used as a potable water supply, is designated as

316

shellfish harvesting waters, or functions as a habitat for

317

commercially or recreationally important shellfish or finfish. In

318

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

319

to maintain restore the dike or irrigation or drainage ditch to

320

its original design specifications.

321

(h) The repair or replacement of existing functional pipes

322

or culverts the purpose of which is the discharge or conveyance

323

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

324

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

325

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

326

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

327

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

328

created waterways where such construction will not violate

329

existing water quality standards, impede navigation, or affect

330

flood control. This exemption does not apply to the construction

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of vertical seawalls in estuaries or lagoons unless the proposed

332

construction is within an existing manmade canal where the

333

shoreline is currently occupied in whole or part by vertical

334

seawalls.

335

(j) The construction and maintenance of swales.

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(k) The installation of aids to navigation and buoys

337

associated with such aids, provided the devices are marked

338

pursuant to s. 327.40.

339

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

340

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

341

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

342

filling of submerged lands is performed other than that which is

343

necessary to replace or repair pilings and that the structure to

344

be replaced or repaired is the same length, the same

345

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

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

347

the waters of the state.

348

(m) The installation of subaqueous transmission and

349

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

350

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

351

preserves, provided no dredging or filling is necessary.

352

(n) The replacement or repair of subaqueous transmission

353

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

354

waters of the state.

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(o) The construction of private seawalls in wetlands or

356

other surface waters where such construction is between and

357

adjoins at both ends existing seawalls; follows a continuous and

358

uniform seawall construction line with the existing seawalls; is

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

360

water quality standards, impede navigation, or affect flood

361

control. However, in estuaries and lagoons the construction of

362

vertical seawalls is limited to the circumstances and purposes

363

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

364

the permitting requirements of chapter 161, and department rules

365

must clearly indicate that this exception does not constitute an

366

exception from the permitting requirements of chapter 161.

367

(p) The restoration of existing insect control impoundment

368

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

369

shall be connected to tidally influenced waters for 6 months each

370

year beginning September 1 and ending February 28 if feasible or

371

operated in accordance with an impoundment management plan

372

approved by the department. A dike restoration may involve no

373

more dredging than is necessary to restore the dike to its

374

original design specifications. For the purposes of this

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paragraph, restoration does not include maintenance of

376

impoundment dikes of operating insect control impoundments.

377

(q) The construction, operation, or maintenance of

378

stormwater management facilities which are designed to serve

379

single-family residential projects, including duplexes,

380

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

381

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

382

facilities:

383

1. Comply with all regulations or ordinances applicable to

384

stormwater management and adopted by a city or county;

385

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

386

sale; and

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3. Discharge into a stormwater discharge facility exempted

388

or permitted by the department under this chapter which has

389

sufficient capacity and treatment capability as specified in this

390

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

391

special district with drainage responsibility, or water

392

management district; however, this exemption does not authorize

393

discharge to a facility without the facility owner's prior

394

written consent.

395

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

396

the associated replanting of indigenous aquatic plants, and the

397

associated removal from lakes of organic detrital material when

398

such planting or removal is performed and authorized by permit or

399

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

400

1. Organic detrital material that exists on the surface of

401

natural mineral substrate shall be allowed to be removed to a

402

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

403

less;

404

2. All material removed pursuant to this paragraph shall be

405

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

406

reintroduction of the material into waters in the state except

407

when spoil material is permitted to be used to create wildlife

408

islands in freshwater bodies of the state when a governmental

409

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

410

as a part of a restoration or enhancement project;

411

3. All activities are performed in a manner consistent with

412

state water quality standards; and

413

4. No activities under this exemption are conducted in

414

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

415

by a natural soil as shown in applicable United States Department

416

of Agriculture county soil surveys, except when a governmental

417

entity is permitted pursuant to s. 369.20 to conduct such

418

activities as a part of a restoration or enhancement project.

419

420

The department may not adopt implementing rules for this

421

paragraph, notwithstanding any other provision of law.

422

(s) The construction, installation, operation, or

423

maintenance of floating vessel platforms or floating boat lifts,

424

provided that such structures:

425

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

426

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

427

not in use;

428

2. Are wholly contained within a boat slip previously

429

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

430

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

431

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

432

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

433

that is exempt under this subsection or associated with a

434

permitted dock with no defined boat slip or attached to a

435

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

436

structure;

437

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

438

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

439

substantially impede the flow of water, create a navigational

440

hazard, or unreasonably infringe upon the riparian rights of

441

adjacent property owners, as defined in s. 253.141;

442

4. Are constructed and used so as to minimize adverse

443

impacts to submerged lands, wetlands, shellfish areas, aquatic

444

plant and animal species, and other biological communities,

445

including locating such structures in areas where seagrasses are

446

least dense adjacent to the dock or bulkhead; and

447

5. Are not constructed in areas specifically prohibited for

448

boat mooring under conditions of a permit issued in accordance

449

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

450

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

451

authorization issued by a local government.

452

453

Structures that qualify for this exemption are relieved from any

454

requirement to obtain permission to use or occupy lands owned by

455

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

456

with the exception of those structures attached to a bulkhead on

457

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

458

be subject to any more stringent permitting requirements,

459

registration requirements, or other regulation by any local

460

government. Local governments may require either permitting or

461

one-time registration of floating vessel platforms to be attached

462

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

463

structure as necessary to ensure compliance with local

464

ordinances, codes, or regulations. Local governments may require

465

either permitting or one-time registration of all other floating

466

vessel platforms as necessary to ensure compliance with the

467

exemption criteria in this section; to ensure compliance with

468

local ordinances, codes, or regulations relating to building or

469

zoning, which are no more stringent than the exemption criteria

470

in this section or address subjects other than subjects addressed

471

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

472

installation, maintenance, and precautionary or evacuation action

473

following a tropical storm or hurricane watch of a floating

474

vessel platform or floating boat lift that is proposed to be

475

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

476

docking structure. The exemption provided in this paragraph shall

477

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

478

department shall adopt a general permit by rule for the

479

construction, installation, operation, or maintenance of those

480

floating vessel platforms or floating boat lifts that do not

481

qualify for the exemption provided in this paragraph but do not

482

cause significant adverse impacts to occur individually or

483

cumulatively. The issuance of such general permit shall also

484

constitute permission to use or occupy lands owned by the Board

485

of Trustees of the Internal Improvement Trust Fund. No local

486

government shall impose a more stringent regulation, permitting

487

requirement, registration requirement, or other regulation

488

covered by such general permit. Local governments may require

489

either permitting or one-time registration of floating vessel

490

platforms as necessary to ensure compliance with the general

491

permit in this section; to ensure compliance with local

492

ordinances, codes, or regulations relating to building or zoning

493

that are no more stringent than the general permit in this

494

section; and to ensure proper installation and maintenance of a

495

floating vessel platform or floating boat lift that is proposed

496

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

497

other docking structure.

498

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

499

maintained roads and the repair or replacement of bridges that

500

are part of the roadway, within the Northwest Florida Water

501

Management District and the Suwannee River Water Management

502

District, provided:

503

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

504

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

505

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

506

2. The construction activity does not realign the road or

507

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

508

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

509

clearance of vegetation, and other work reasonably necessary to

510

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

511

work is constructed by generally accepted engineering standards;

512

3. The construction activity does not expand the existing

513

width of an existing vehicular bridge in excess of that

514

reasonably necessary to properly connect the bridge with the road

515

being repaired, stabilized, paved, or repaved to safely

516

accommodate the traffic expected on the road, which may include

517

expanding the width of the bridge to match the existing connected

518

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

519

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

520

4. Best management practices for erosion control shall be

521

employed as necessary to prevent water quality violations;

522

5. Roadside swales or other effective means of stormwater

523

treatment must be incorporated as part of the project;

524

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

525

state is performed than that which is reasonably necessary to

526

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

527

replace the bridge, in accordance with generally accepted

528

engineering standards; and

529

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

530

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

531

Florida Water Management District, or to the Suwannee River Water

532

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

533

Suwannee River Water Management District, 30 days prior to

534

performing any work under the exemption.

535

536

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

537

initiate rulemaking to adopt a no fee general permit for the

538

repair, stabilization, or paving of existing roads that are

539

maintained by the county and the repair or replacement of bridges

540

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

541

significant adverse impacts to occur individually or

542

cumulatively. The general permit shall apply statewide and, with

543

no additional rulemaking required, apply to qualified projects

544

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

545

Johns River Water Management District, the Southwest Florida

546

Water Management District, and the South Florida Water Management

547

District under the division of responsibilities contained in the

548

operating agreements applicable to part IV of chapter 373. Upon

549

adoption, this general permit shall, pursuant to the provisions

550

of subsection (2) (3), supersede and replace the exemption in

551

this paragraph.

552

(u) Notwithstanding any provision to the contrary in this

553

subsection, a permit or other authorization under chapter 253,

554

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

555

individual residential property owner for the removal of organic

556

detrital material from freshwater rivers or lakes that have a

557

natural sand or rocky substrate and that are not Aquatic

558

Preserves or for the associated removal and replanting of aquatic

559

vegetation for the purpose of environmental enhancement,

560

providing that:

561

1. No activities under this exemption are conducted in

562

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

563

by a natural soil as shown in applicable United States Department

564

of Agriculture county soil surveys.

565

2. No filling or peat mining is allowed.

566

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

567

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

568

4. When removing organic detrital material, no portion of

569

the underlying natural mineral substrate or rocky substrate is

570

removed.

571

5. Organic detrital material and plant material removed is

572

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

573

quality violations.

574

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

575

appropriate turbidity controls, so as to prevent any water

576

quality violations outside the immediate work area.

577

7. Replanting with a variety of aquatic plants native to

578

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

579

preexisting vegetated areas where organic detrital material is

580

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

581

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

582

vegetation as an access corridor. The access corridor width may

583

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

584

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

585

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

586

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

587

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

588

existing aquatic vegetation, except that under dewatered

589

conditions replanting must be completed within 90 days after

590

reflooding. The area to be replanted must extend waterward from

591

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

592

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

593

less. Individuals are required to make a reasonable effort to

594

maintain planting density for a period of 6 months after

595

replanting is complete, and the plants, including naturally

596

recruited native aquatic plants, must be allowed to expand and

597

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

598

for revegetation must be salvaged from the enhancement project

599

site or obtained from an aquatic plant nursery regulated by the

600

Department of Agriculture and Consumer Services. Plants that are

601

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

602

8. No activity occurs any farther than 100 feet waterward

603

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

604

designed and conducted in a manner that will not unreasonably

605

restrict or infringe upon the riparian rights of adjacent upland

606

riparian owners.

607

9. The person seeking this exemption notifies the

608

applicable department district office in writing at least 30 days

609

before commencing work and allows the department to conduct a

610

preconstruction site inspection. Notice must include an organic-

611

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

612

vegetation-removal and revegetation plan.

613

10. The department is provided written certification of

614

compliance with the terms and conditions of this paragraph within

615

30 days after completion of any activity occurring under this

616

exemption.

617

(2)(3) The provisions of subsection (1) (2) are superseded

618

by general permits established pursuant to ss. 373.118 and

619

403.814 which include the same activities. Until such time as

620

general permits are established, or should general permits be

621

suspended or repealed, the exemptions under subsection (1) (2)

622

shall remain or shall be reestablished in full force and effect.

623

Section 4. The Department of Environmental Protection may

624

develop and maintain a list of flocculants the use of which is

625

permitted under part IV of chapter 373, Florida Statutes,

626

including information concerning any associated testing to

627

determine compliance with state permitting standards and

628

information on application rates and methods. Publication of this

629

list is not a rule under the provisions of chapter 120, Florida

630

Statutes. This section does not prevent an entity from proposing,

631

or the department from approving, the use of a flocculant that is

632

not on the department's list subject to the entity providing the

633

necessary documentation required by the department to ensure that

634

its use will not cause harm to the water resources of the state.

635

Section 5. Subsection (16) of section 253.03, Florida

636

Statutes, is amended to read:

637

253.03 Board of trustees to administer state lands; lands

638

enumerated.--

639

(16) The Board of Trustees of the Internal Improvement

640

Trust Fund, and the state through its agencies, may not control,

641

regulate, permit, or charge for any severed materials which are

642

removed from the area adjacent to an intake or discharge

643

structure pursuant to an exemption authorized in s. 403.813(1)(f)

644

and (r) s. 403.813(2)(f) and (r).

645

Section 6. Paragraphs (a) and (e) of subsection (3) of

646

section 373.4145, Florida Statutes, are amended to read:

647

373.4145 Part IV permitting program within the geographical

648

jurisdiction of the Northwest Florida Water Management

649

District.--

650

(3) The rules adopted under subsection (1), as applicable,

651

shall:

652

(a) Incorporate the exemptions in ss. 373.406 and

653

403.813(1) 403.813(2).

654

(e) Provide an exemption for the repair, stabilization, or

655

paving of county-maintained roads existing on or before January

656

1, 2002, and the repair or replacement of bridges that are part

657

of the roadway consistent with the provisions of s. 403.813(1)(t)

658

s. 403.813(2)(t), notwithstanding the provisions of s.

659

403.813(1)(t)7. s. 403.813(2)(t)7. requiring adoption of a

660

general permit applicable within the Northwest Florida Water

661

Management District and the repeal of such exemption upon the

662

adoption of a general permit.

663

Section 7. Paragraph (a) of subsection (3) of section

664

380.061, Florida Statutes, is amended to read:

665

380.061 The Florida Quality Developments program.--

666

(3)(a) To be eligible for designation under this program,

667

the developer shall comply with each of the following

668

requirements which is applicable to the site of a qualified

669

development:

670

1. Have donated or entered into a binding commitment to

671

donate the fee or a lesser interest sufficient to protect, in

672

perpetuity, the natural attributes of the types of land listed

673

below. In lieu of the above requirement, the developer may enter

674

into a binding commitment which runs with the land to set aside

675

such areas on the property, in perpetuity, as open space to be

676

retained in a natural condition or as otherwise permitted under

677

this subparagraph. Under the requirements of this subparagraph,

678

the developer may reserve the right to use such areas for the

679

purpose of passive recreation that is consistent with the

680

purposes for which the land was preserved.

681

a. Those wetlands and water bodies throughout the state as

682

would be delineated if the provisions of s. 373.4145(1)(b) were

683

applied. The developer may use such areas for the purpose of site

684

access, provided other routes of access are unavailable or

685

impracticable; may use such areas for the purpose of stormwater

686

or domestic sewage management and other necessary utilities to

687

the extent that such uses are permitted pursuant to chapter 403;

688

or may redesign or alter wetlands and water bodies within the

689

jurisdiction of the Department of Environmental Protection which

690

have been artificially created, if the redesign or alteration is

691

done so as to produce a more naturally functioning system.

692

b. Active beach or primary and, where appropriate,

693

secondary dunes, to maintain the integrity of the dune system and

694

adequate public accessways to the beach. However, the developer

695

may retain the right to construct and maintain elevated walkways

696

over the dunes to provide access to the beach.

697

c. Known archaeological sites determined to be of

698

significance by the Division of Historical Resources of the

699

Department of State.

700

d. Areas known to be important to animal species designated

701

as endangered or threatened animal species by the United States

702

Fish and Wildlife Service or by the Fish and Wildlife

703

Conservation Commission, for reproduction, feeding, or nesting;

704

for traveling between such areas used for reproduction, feeding,

705

or nesting; or for escape from predation.

706

e. Areas known to contain plant species designated as

707

endangered plant species by the Department of Agriculture and

708

Consumer Services.

709

2. Produce, or dispose of, no substances designated as

710

hazardous or toxic substances by the United States Environmental

711

Protection Agency or by the Department of Environmental

712

Protection or the Department of Agriculture and Consumer

713

Services. This subparagraph is not intended to apply to the

714

production of these substances in nonsignificant amounts as would

715

occur through household use or incidental use by businesses.

716

3. Participate in a downtown reuse or redevelopment program

717

to improve and rehabilitate a declining downtown area.

718

4. Incorporate no dredge and fill activities in, and no

719

stormwater discharge into, waters designated as Class II, aquatic

720

preserves, or Outstanding Florida Waters, except as activities in

721

those waters are permitted pursuant to s. 403.813(1) s.

722

403.813(2) and the developer demonstrates that those activities

723

meet the standards under Class II waters, Outstanding Florida

724

Waters, or aquatic preserves, as applicable.

725

5. Include open space, recreation areas, Xeriscape as

726

defined in s. 373.185, and energy conservation and minimize

727

impermeable surfaces as appropriate to the location and type of

728

project.

729

6. Provide for construction and maintenance of all onsite

730

infrastructure necessary to support the project and enter into a

731

binding commitment with local government to provide an

732

appropriate fair-share contribution toward the offsite impacts

733

which the development will impose on publicly funded facilities

734

and services, except offsite transportation, and condition or

735

phase the commencement of development to ensure that public

736

facilities and services, except offsite transportation, will be

737

available concurrent with the impacts of the development. For the

738

purposes of offsite transportation impacts, the developer shall

739

comply, at a minimum, with the standards of the state land

740

planning agency's development-of-regional-impact transportation

741

rule, the approved strategic regional policy plan, any applicable

742

regional planning council transportation rule, and the approved

743

local government comprehensive plan and land development

744

regulations adopted pursuant to part II of chapter 163.

745

7. Design and construct the development in a manner that is

746

consistent with the adopted state plan, the applicable strategic

747

regional policy plan, and the applicable adopted local government

748

comprehensive plan.

749

Section 8. Section 374.977, Florida Statutes, is repealed.

750

Section 9. This act shall take effect July 1, 2008.

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