Current through Reg. 50, No. 187; September 24, 2024
(1) Permits are
required as follows:
(a) Works of the District
permit prior to initiating any project which involves draining, developing,
construction of roads or bridges, commercial or industrial developments, and
agricultural or forestry activities, including dredging of filling, or the
construction, alteration, maintenance operation, or abandonment of any dams,
impoundment reservior, appurtenant works, works or surfacewater
system.
(b) When the need to obtain
a Works of the District permit is in conjunction with the requirements for
obtaining an environmental resource permit or a state-owned submerged lands
authorization, application shall be made and shall be considered by the
District as part of the request for an environmental resource permit
application. In such cases the environmental resource permit shall include the
requirements of this chapter and the state-owned submerged lands authorization.
In instances when requirements of this chapter or the state-owned submerged
lands authorization conflict with requirements to obtain an environmental
resource permit, the more stringent requirement shall be followed. Otherwise, a
separate Works of the District permit must be obtained.
(c) When the need to obtain a Works of the
District permit does not require an environmental resourse permit, the
state-owned submerged lands authorization and the environmental resource permit
exemption shall be obtained concurrently with the Works of the District permit.
Where requirements of this chapter and the appropriate state-owned submerged
lands authorization conflict, the more stringent requirement shall be
followed.
(2) Works of
the District permits may be issued in one of five forms as follows:
(a) Noticed general permits are issued by
rule upon notice from the applicant that an activity authorized by specific
rules in this chapter is going to be constructed, operated and maintained in
accordance with said rules.
(b)
General permits are issued for relatively minor projects following limited
investigation and project review. Unless a general permit is authorized
pursuant to this chapter, an individual or conceptual approval permit is
required.
(c) Individual permits
are issued for projects which may have significant impacts on water and related
land.
(d) Conceptual permits are
issued for projects which are expected to occur in phases or over long periods
of time. However, conceptual permits cannot authorize actual
construction.
(e) Abandonment
permits are issued for projects which propose to remove works or development in
a Work of the District.
(3) Specific procedures, noticing or
application requirements, and conditions for issuance of Works of the District
permits are detailed in Rule
40B-1.703, F.A.C., and Part III
of this chapter including any materials adopted by reference thereto.
(4) A Works of the District permit applicant
shall obtain one permit for all activities regulated under this part that are
intended to serve contiguous property. Two or more properties represented to be
separate properties shall be aggregated and treated as a single property for
permitting purposes when the District determines that the properties are under
common ownership or control.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.084,
373.085,
373.086,
373.413,
373.416,
373.426
FS.
New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04, 10-14-13,
1-5-21, 2-15-23.
