Current through Reg. 50, No. 187; September 24, 2024
(1) This rule
applies to applications for environmental resource, surface water management,
and water use permits for projects located in the Florida Keys Area of Critical
State Concern when the applicant has elected coordinated agency review under
Section 380.051, F.S.
(2) The following coordinated agency review
procedures apply to projects which are eligible for exemptions from District
environmental resource and water use permitting requirements:
(a) No permit and no coordinated agency
review participation by the District is required for the water uses exempted by
Rule 40E-2.051 (Exemptions), F.A.C.,
or identified in Rule
40E-2.061, F.A.C.
(b) No permit and no coordinated agency
review participation by the District is required for surface water management
activities which are exempted by Rule
62-330.051 (Exempt Activities),
F.A.C.
(3) The following
coordinated agency review procedures apply to projects which require permits
pursuant to Chapters 40E-2 (Consumptive Use), 62-330 and 40E-4 (Environmental
Resource), F.A.C.:
(a) The Coordinated Review
Application shall consist of the application information required by Rules
40E-1.603 (Application
Procedures for Processing Permit Applications or Notices of Intent),
40E-2.101 (Content of
Application) or 62-330.060 (Content of
Application), F.A.C.
(b) The
District's Coordinated Review process begins when the District receives the
Coordinated Review Application from the Permit Coordinator as required by
Section 380.051, F.S.
(c) The District's Coordinated Review process
follows the permit review procedures set forth in Rule
40E-1.603, F.A.C. (Application
Procedures for Processing Permit Applications or Notices of Intent).
(d) If the applicant waives the time limits
required by Chapter 120 and Section
380.051, F.S., the District
shall delay initiation of substantive review until notice is received by
electronic mail at the District's e-Permitting website or in writing from the
Permit Coordinator indicating that substantive review should begin. If the
applicant does not waive the time limits, the District shall begin substantive
review when the Coordinated Review Application is complete.
(e) The Certification of the Coordinated
Review Application required by Section
380.051(2)(a),
F.S., shall occur within 60 days after the District begins substantive review,
and shall consist of the notice of proposed agency action together with the
staff report on the individual permit pursuant to Section
40E-1.603 (Application
Procedures for Processing Permit Applications or Notices of Intent), F.A.C.,
which may recommend denial to the Governing Board, or approval, or approval
with conditions to its designee.
(f) Certification concludes the coordinated
agency review process. However, the applicant may complete the permit process
as set forth in subsections
40E-1.603(6)
-(11), F.A.C., which results in the Governing Board's denial, or approval, or
approval with conditions to its designee.
Rulemaking Authority
373.044,
373.113,
373.171,
373.4131,
380.051 FS. Law Implemented
373.4131,
380.051,
668.003,
668.004,
668.50 FS.
New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12,
10-1-13, 7-14-14, 8-7-16.
