Current through Reg. 50, No. 187; September 24, 2024
(1) The following activities are exempt from
the requirements for obtaining Works of the District permits specified in
paragraph 40B-4.1040(1)(a),
F.A.C.:
(a) A work or development within a
Works of the District that was completed or partially completed prior to
January 29, 2001, including routine custodial maintenance, so long as it is not
altered or substantially improved.
(b) Alterations to the topography of land
which shall include, but not be limited to, plowing, bedding, or minor grading,
harvesting or regeneration associated with the normal practices of agriculture,
silviculture, or horticulture, whether private or commercial provided no fill
from outside the immediate area of such alterations is used.
(c) Construction or maintenance of certain
docks, seawalls, bulkheads, mooring pilings, or dolphins which are regulated by
the Florida Department of Environmental Protection pursuant to the authority in
Section 403.813, F.S.
(d) Work for an onsite sewage disposal system
that is regulated by the Florida Department of Health or the Florida Department
of Environmental Protection.
(e)
Commercial projects which have received an authorization under Section
403.814(12),
F.S.
(f) Structures placed below
the natural grade of the ground outside of the 75 foot setback.
(g) Non-residential structures outside of the
75-foot setback placed above the natural grade of the ground that are less than
or equal to 50 square feet of cross sectional area of the floodway when
calculated cumulatively on a project with other obstructions.
(h) Driveways, sidewalks, and paths which at
the driving or walking surface, are less than or equal to 6 inches above the
adjacent natural grade of the ground and located outside of the 75 foot
setback. Note: the cross-sectional area of obstruction of the floodway created
in the use of this exemption, when calculated cumulatively on a project with
other obstructions, is applied to the implementation of Rules
40B-4.3010 and
40B-4.3030, F.A.C.
(i) Boardwalks or stairs, waterward of the
top of bank, which are no more than 5 feet in width. If landings are required,
each shall be no more than 144 square feet.
(j) The removal of non-native, invasive, dead
or diseased vegetation.
(k)
Temporary structures outside of the 75-foot setback, which are on the site for
fewer than 180 consecutive days.
(l) Installation and placement of hydrologic
monitoring equipment and associated decks no greater than 200 square feet of
walking surface within the regulatory floodway by federal, state, or local
governmental entities.
(2) Upon written request, the district will
provide written confirmation that projects such as described in subsection
40B-4.1070(1),
F.A.C., are exempt. Persons making such requests shall state the provision
under which a project is considered exempt and supply any supporting
information to substantiate the request.
(3) An exemption from these rules shall not
relieve any person or entity from compliance with the requirements of Chapter
62-330, F.A.C., incorporated by reference in Rule
40B-4.1090,
F.A.C.
Rulemaking Authority
373.044,
373.113,
373.171 FS. Law Implemented
373.084,
373.085,
373.086,
373.406,
373.416,
373.426
FS.
New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 8-11-10,
10-14-13, 2-15-23.
