Current through Reg. 50, No. 187; September 24, 2024
(1) No person or
public agency shall attempt to control, eradicate, remove, or otherwise alter
any aquatic plants in waters of the state except as provided in a permit issued
by the Commission unless the activities or waters in which aquatic plant
management activities are to take place are expressly exempted in rule
68F-20.0035, F.A.C.
(2) Permits issued pursuant to this chapter
are not intended to allow for the collection and reintroduction of the removed
plants into another waterbody, unless specifically provided for in the permit
conditions.
(3) Application format
and requirements:
(a) All applications for
new permits or amendments to existing permits shall be submitted in accordance
with the requirements of this rule.
(b) Applications for new permits, renewal
permits, or amendments to existing permits shall be submitted electronically
through the Commission's aquatic plant control online permitting system, on the
Commission's web site at http://public.myfwc.com/crossdoi/permitsystem/.
IPM-01, a document encompassing the content of the application entitled
"Aquatic Plant Control Permit Application" (dated September 2018), is hereby
incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10088.
Persons unable to apply electronically should contact the Commission's Invasive
Plant Management Section for assistance with the application process.
(c) All applications, except for those from
government agencies, research institutions, and wastewater treatment facilities
approved by the Department of Environmental Protection, shall be in the name of
the riparian owner. If the Commission is unable to determine if the applicant
is a riparian owner, the applicant shall, upon request, provide proof of
riparian ownership. An application can be submitted by an agent authorized by
the riparian owner. Persons authorized to represent multiple riparian owners
such as, but not limited to, governmental agencies and officers of homeowners
associations can submit a single application for multiple sites.
(d) As part of the application, the applicant
shall provide the name of the waterbody, if it is named; the street address of
the control site; or a map with directions to the proposed management site
using county, state, and U.S. highway names and route numbers.
(e) As part of the application, the applicant
shall provide a diagram of the proposed management site ("site map") which
shall contain at a minimum the following information:
1. The riparian owner's property boundaries,
including dimensions.
2. The
approximate water's edge at the time of the proposed application.
3. Prominent features such as docks, fences,
trees, etc., located near the water's edge.
4. Prominent aquatic plant communities
located at the site identified by name or symbol, with a clear depiction of the
aquatic plants proposed for control including the dimensions of the control
area and the vegetation not to be controlled.
5. The proposed control method to be
used.
6. A copy of any existing
conservation easement established in the area aquatic plant control is
proposed.
7. Legends that explain
all symbols and patterns used in the site map.
(4) The regional biologist shall review and
determine the completeness of each application.
(5) Applications and permittees shall allow
reasonable access to regional biologists for the purpose of engaging in surveys
and examinations of the proposed aquatic plant management site.
(6) Final agency action on permit
applications.
(a) All conditions of the permit
shall be stated on the permit.
(b)
Permits shall be effective for a period of three years from the date
issued.
(c) The permittee must sign
the permit and have a copy of the signed permit on site for review while
conducting any control activities.
(7) Permit amendments:
(a) The permittee can request an amendment
subject to the procedures and review criteria of this chapter.
(b) Following notice to the permittee, the
Commission is authorized to amend a permit issued pursuant to this chapter
during the term of the permit to restrict or limit the scope of the permitted
activity. This shall be done if necessary to ensure the protection of human
health, safety, recreation, plant and animal life, and property.
(c) A permit issued pursuant to this chapter
can be transferred at the written request of a new owner or assignee of the
permitted property when accompanied by written consent from the permit holder.
If any changes, additions, or amendments to the permit are requested, an
application for a new permit must be submitted for
processing.
(8) It shall
be the responsibility of the permittee to submit a renewal application 45 days
prior to the expiration date of the permit.
Rulemaking Authority
369.20,
369.22 FS. Law Implemented
369.20,
369.22,
403.088
FS.
New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02,
16C-20.002, Amended 5-3-95, Formerly
62C-20.002, Amended
11-20-18.
