Fla. Admin. Code Ann. R. 62-330.051 - Exempt Activities
The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., as applicable.
(1)
Activities conducted in conformance with the District-specific exemptions in
section 1.3 of Volume II applicable to the location of the activity.
(2) Activities conducted in conformance with
the exemptions in Section
373.406, or
403.813(1),
F.S.
(3) Aquatic Plant and Organic
Detrital Control and Removal -
(a) Disking and
tilling of exposed lake bottoms in accordance with a permit issued by the
Florida Fish and Wildlife Conservation Commission or an exemption under Chapter
369, F.S.
(b) Organic detrital
material removal in accordance with Section
403.813(1)(r) or
(u), F.S.
(c) Aquatic plant control where the activity
qualifies for an exemption authorized under Section
369.20, F.S., or in a permit
from the Florida Fish and Wildlife Conservation Commission under Section
369.20 or
369.22, F.S.; and the harvested
plant material is not disposed of in wetlands or other surface waters, or in a
manner that adversely affects water quality or flood control.
(d) The mechanical harvesting or shredding of
aquatic plants and incidentally associated sediments, including subsequent side
casting of the harvested or shredded material, provided:
1. The activity is authorized and conducted
by the Florida Fish and Wildlife Conservation Commission, under Section
369.20 or
369.22, F.S.;
2. The work involves no dredging and is the
minimum amount necessary for maintaining existing navigation corridors and
preventing flooding, and in no case shall exceed five total acres of
harvesting, shredding, and sidecasting;
3. The work is performed in a manner that
does not adversely affect water quality or flood control; and
4. Notice of intent to use this exemption is
provided to the Agency five days before performing any
work.
(4)
Bridges, Driveways, and Roadways -
(a) The
replacement and repair of existing open-trestle foot bridges and vehicular
bridges in accordance with Section
403.813(1)(l),
F.S.
(b) Construction, alteration,
or maintenance, and operation, of culverted driveway or roadway crossings and
bridges of wholly artificial, non-navigable drainage conveyances, provided:
1. The construction project area does not
exceed one acre and is for a discrete project that is not part of a larger plan
of development that requires permitting under this chapter. However, these
limitations shall not preclude use of this exemption to provide access to
activities that qualify for the general permit in Section
403.814(12),
F.S.;
2. The culvert or bridge
shall be sized and installed to pass normal high water stages without causing
adverse impacts to upstream or downstream property;
3. Culverts shall not be larger than one,
24-inch diameter pipe, or its hydraulic equivalent, and must not reduce the
upstream hydraulic discharge capacity;
4. The crossing shall not:
a. Be longer than 30 feet from top-of-bank to
top-of-bank;
b. Have a top width of
more than 20 feet or a toe-to-toe width of more than 40 feet; and,
c. Have side slopes steeper than three feet
horizontal to one foot vertical;
5. There are no more than two crossings on
any total land area, with a minimum distance of 500 feet between
crossings;
6. If dewatering is
performed, all temporary work and discharges must not cause flooding or
impoundment, downstream siltation, erosion, or turbid discharges that violate
state water quality standards;
7.
Any temporary work shall be completely removed and all upstream and downstream
areas that were disturbed shall be restored to pre-work grades, elevations and
conditions; and,
8. All work shall
comply with subsection
62-330.050(9),
F.A.C.
(c) Minor roadway
safety construction, alteration, maintenance, and operation, provided:
1. There is no work in, on, or over wetlands
other than those in drainage ditches constructed in uplands;
2. There is no reduction in the capacity of
existing swales, ditches, or other systems legally in existence under Chapter
403 or Part IV of Chapter 373, F.S.;
3. All work is conducted in compliance with
subsection 62-330.050(9),
F.A.C.; and
4. The work is limited
to:
a. Sidewalks having a width of six feet
or less;
b. Turn lanes less than
0.25 mile in length, and other safety-related intersection improvements;
and
c. Road widening and shoulder
paving that does not create additional traffic lanes and is necessary to meet
current, generally accepted roadway design and safety
standards.
(d)
Resurfacing and repair of existing paved roads, and grading of existing unpaved
roads, provided:
1. Travel lanes are not paved
that are not already paved;
2. No
substantive changes occur to existing road surface elevations, grades, or
profiles; and
3. All work is
conducted in compliance with subsection
62-330.050(9),
F.A.C.
(e) Repair,
stabilization, paving, or repaving of existing roads, and the repair or
replacement of vehicular bridges that are part of the road, where:
1. They were in existence on or before
January 1, 2002, and have:
a. Been
publicly-used and under county or municipal ownership and maintenance
thereafter, including when they have been presumed to be dedicated in
accordance with Section
95.361, F.S.;
b. Subsequently become county or
municipally-owned and maintained; or
c. Subsequently become perpetually maintained
by the county or municipality through such means as being accepted by the
county or municipality as part of a Municipal Service Taxing Unit or Municipal
Service Benefit Unit; and
2. The work does not realign the road or
expand the number of traffic lanes of the existing road, but may include safety
shoulders, clearing vegetation, and other work reasonably necessary to repair,
stabilize, pave, or repave the road, provided that the work is constructed
using generally accepted roadway design standards;
3. Existing bridges are not widened more than
is reasonably necessary to properly connect the bridge with the road to match
the width of the roadway travel lanes and safely accommodate the traffic
expected;
4. No debris from the
original bridge shall be allowed to remain in wetlands or other surface
waters;
5. Roadside swales or other
effective means of stormwater treatment are incorporated as part of the
work;
6. No more dredging or
filling of wetlands or water of the state is performed than is reasonably
necessary to perform the work in accordance with generally accepted roadway
design standards;
7. Notice of
intent to use this exemption is provided to the Agency 30 days before
performing any work; and
8. All
work is conducted in compliance with subsection
62-330.050(9),
F.A.C.
(f) The repair of
existing concrete bridge pilings by the Florida Department of Transportation,
counties, and municipalities, through the construction of pile jackets,
provided the permanent outer form is composed of inert materials and the
quantity of material shall not exceed 300 cubic yards of dredging or 300 cubic
yards of filling per project. The following conditions shall also apply:
1. Although the bottom sediments within the
forms may be removed by jetting or pumping, and may not be recoverable, erosion
and sediment control best management practices, including turbidity curtains or
similar devices, shall be used in accordance with the State of Florida
Erosion and Sediment Control Designer and Reviewer Manual to prevent
violations of state water quality standards.
2. Immediately following completion of any
work that involves disturbance of the shoreline or banks of wetlands or other
surface waters, the shoreline and banks shall be stabilized with native
vegetation or riprap to prevent erosion; in areas where native wetland
vegetation was disturbed, the stabilization shall consist of the same species
planted in a manner to achieve stability and coverage of a similar wetland
community as previously existed. Temporary erosion controls for all exposed
soils within wetlands and other surface waters shall be completed within seven
calendar days of the most recent construction activity. Prevention of erosion
of exposed earth into wetlands and other surface waters is a construction
priority and completed slopes shall not remain unstabilized while other
construction continues.
3. Pilings
shall not be installed or replaced to add additional traffic lanes.
4. All work is conducted in compliance with
subsection 62-330.050(9),
F.A.C.
(5)
Dock, Pier, Boat Ramp and Other Boating-related Work -
(a) Installation or repair of pilings and
dolphins associated with private docking facilities or piers that are exempt
under Section 403.813(1)(b),
F.S.;
(b) Installation of private
docks, piers, and recreational docking facilities, and installation of local
governmental piers and recreational docking facilities, in accordance with
Section 403.813(1)(b),
F.S. This includes associated structures such as boat shelters, boat lifts, and
roofs, provided:
1. The cumulative square
footage of the dock or pier and all associated structures located over wetlands
and other surface waters does not exceed the limitations in Section
403.813(1)(b),
F.S.;
2. No structure is enclosed
on more than three sides with walls and doors;
3. Structures are not used for residential
habitation or commercial purposes, or storage of materials other than those
associated with water dependent recreational use; and
4. Any dock and associated structure shall be
the sole dock as measured along the shoreline for a minimum distance of 65
feet, unless the parcel of land or individual lot as platted is less than 65
feet in length along the shoreline, in which case there may be one exempt dock
allowed per parcel or lot.
(c) Construction of private docks or piers of
1, 000 square feet or less of over-water surface area in artificial waters in
accordance with Section
403.813(1)(i),
F.S., and within residential canal systems legally in existence under Chapter
403 or Part IV of Chapter 373, F.S. This includes associated structures such as
roofs and boat lifts, provided the cumulative square footage of the dock or
pier and all associated structures located over wetlands and other surface
waters does not exceed 1, 000 square feet.
(d) Replacement or repair of existing docks
and piers, including mooring piles, in accordance with Section
403.813(1)(d),
F.S., provided the existing structure is still functional or has been rendered
non-functional within the last year by a discrete event, such as a storm,
flood, accident, or fire.
(e) The
construction and maintenance to design specifications of boat ramps in
accordance with Section
403.813(1)(c),
F.S., where navigational access to the proposed ramp currently exists:
1. In artificial waters and residential canal
systems; or
2. In any wetland or
other surface waters when the ramps are open to the public; and
3. The installation of docks associated with
and adjoining boat ramps constructed as part of the above ramps is limited to
an area of 500 square feet or less over wetlands and other surface
waters.
(f) The
construction, installation, operation, or maintenance of floating vessel
platforms or floating boat lifts in accordance with section
403.813(1)(s),
F.S.
(g) The removal of derelict
vessels, as defined in Section
823.11(1),
F.S., by federal, state, and local agencies, provided:
1. The derelict vessel case has been
completed as specified in Section
705.103, F.S., and has been
entered into the Statewide Derelict Vessel Database maintained by the Florida
Fish and Wildlife Conservation Commission;
2. All work is done in a manner that, to the
greatest extent practicable, avoids additional dredging or filling, grounding
or dragging of vessels, and damage to submerged resources such as seagrass
beds, oyster beds, coral communities, mangroves, other wetlands, and live
bottom; and
3. An absorbent blanket
or boom shall be immediately deployed on the surface of the water around the
derelict vessel if fuel, oil, or other free-floating pollutants are observed
during the work.
(h) The
installation of a pile-supported boat lift within an existing mooring area at a
docking facility that is legally in existence, provided:
1. Such installation does not conflict with a
condition of a permit issued thereunder;
2. The boat lift does not include additional
structures, such as platforms, cat walks, and
roofs.
(6)
Construction, alteration, maintenance, operation, and removal of freshwater
fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S.
Forest Service, and county and municipal governments, provided:
(a) The material is limited to clean
concrete, rock, brush, logs, or trees;
(b) The material is firmly anchored to the
bottom of the waterbody;
(c) The
size of an individual fish attractor shall be limited to one quarter of an acre
in area;
(d) The top of the fish
attractor shall be at least three feet below the water surface at expected
average low water depth, as determined based on best available information for
the waterbody at the specific location of the attractor;
(e) The attractor shall be outside any posted
navigational channels and shall not cause a navigational hazard;
(f) No material is placed on or in areas
vegetated by native aquatic vegetation; and
(g) The provisions of paragraph
62-330.050(9)(c),
F.A.C., also shall apply to protect listed species during the
work.
(7) Maintenance and
Restoration -
(a) Maintenance dredging under
Section 403.813(1)(f),
F.S.
(b) Maintenance of insect
control structures, dikes, and irrigation and drainage ditches under Section
403.813(1)(g),
F.S.
(c) The restoration of
existing insect control impoundment dikes, and the connection of such
impoundments to tidally influenced waters under Section
403.813(1)(p),
F.S., provided:
1. The restored section of
dike is limited to 100 feet in length;
2. The connection shall provide sufficient
cross-sectional area to allow beneficial tidal influence;
3. Dredging and filling are limited to that
needed to restore the dike to original design specifications; and
4. The final elevation of the dredge area
shall be within two feet of immediately adjacent bottom
elevations.
(d)
Alteration and maintenance of treatment or disposal systems under Rule
62-340.700, F.A.C.
(e) Construction and maintenance of swales in
accordance with Section
403.813(1)(j),
F.S.
(f) Placement of wooden,
composite, metal, or other non-earthen construction mats to provide temporary
access to maintain or repair projects within wetlands, provided:
1. There is no cutting or clearing of wetland
trees having a diameter four inches (circumference of 12 inches) or greater at
breast height;
2. The maximum width
of the construction access area shall be 15 feet;
3. Mats shall be removed as soon as
practicable after equipment has completed passage through, or work has been
completed at, each location along the alignment of the project, but in no case
longer than seven days after equipment has completed work or passage through
that location; and
4. Areas
disturbed for access shall be restored to natural grades immediately after the
work is complete.
(g)
Port dredging under Section
403.813(3),
F.S.
(h) The following activities
undertaken by the National Oceanic and Atmospheric Administration's (NOAA)
Florida Keys National Marine Sanctuary:
1.
Seagrass restoration following the procedures of the Final Programmatic
Environmental Impact Statement for Seagrass Restoration in the Florida Keys
National Marine Sanctuary (NOAA 2004), which is incorporated by reference
herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09440)
and available as provided in subsection
62-330.010(5),
F.A.C.; and
2. Coral restoration
following the procedures of the Final Programmatic Environmental Impact
Statement for Coral Restoration in the Florida Keys and Flower Garden Banks
National Marine Sanctuaries (NOAA 2010), which is incorporated by reference
herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09441)
and available as provided in subsection
62-330.010(5),
F.A.C.
(8) The
installation of aids to navigation, including bridge fender piles, "No Wake"
and similar regulatory signs, and buoys associated with such aids, in
accordance with Section
403.813(1)(k),
F.S.
(9) Pipes or Culverts -
(a) Repair or replacement, provided:
1. The pipes or culverts have equivalent
hydraulic capacity to those being repaired or replaced;
2. The invert elevation shall not be changed;
and
3. The pipes or culverts
function to discharge or convey stormwater, and are not associated with the
repair, replacement, or alteration of a dam, spillway, or appurtenant
works.
(b) Construction,
alteration, operation, maintenance, and removal of outfall pipes, together with
associated headwalls, and energy dissipation baffles, rocks, and other
scour-reduction devices at the outfall locations, provided:
1. The pipes extend less than 20 feet in, on,
or over wetlands or other surface waters;
2. The outfall is part of an activity that is
exempt under Part IV of Chapter 373, F.S., or qualifies for the general permit
in Section 403.814(12),
F.S.;
3. The outfall is designed to
prevent erosion and scour;
4. Work
in natural waterbodies, wetlands, and Outstanding Florida Waters is limited to
0.03 acre;
5. No activities occur
in seagrasses;
6. Within waters
accessible to manatees, submerged or partially submerged outfall pipes having a
diameter larger than eight inches shall have grating such that no opening is
larger than eight inches; and
7.
All work is conducted in compliance with subsection
62-330.050(9),
F.A.C.
(c) The extension
of existing culverts and crossing approaches, and the installation of scour
protection structures at such locations, when done to accommodate an activity
that does not require a permit under this chapter, provided:
1. Work in wetlands or other surface waters
is limited to a total of 100 cubic yards of dredging and filling, and no more
than 0.10 acre at any culvert extension or crossing approach location;
and
2. All work is conducted in
compliance with subsection
62-330.050(9),
F.A.C.
(10) The
construction, alteration, maintenance, removal or abandonment of recreational
paths for pedestrians, bicycles, and golf carts, provided:
(a) There is no work in, on, or over wetlands
or other surface waters other than those in drainage ditches constructed in
uplands;
(b) There is no reduction
in the capacity of existing swales, ditches, or other stormwater management
systems legally in existence under Chapter 403 or Part IV of Chapter 373,
F.S.;
(c) The paths have a width of
eight feet or less for pedestrian paths, and 14 feet or less for multi-use
recreational paths;
(d) The paths
are not intended for use by motorized vehicles powered by internal combustion
engines or electric-powered roadway vehicles, except when needed for
maintenance or emergency purposes; and
(e) The paths comply with the limitations and
restrictions in subsection
62-330.050(9),
F.A.C.
(11) Sampling and
Testing -
(a) Collection of seagrass,
macroalgae, and macrobenthos in accordance with the terms and conditions of a
permit or license issued by the Florida Fish and Wildlife Conservation
Commission.
(b) Construction,
operation, maintenance, and removal of scientific sampling, measurement, and
monitoring devices, provided:
1. The device's
purpose is solely to collect scientific or technical data, such as staff gages,
tide and current gages, meteorological stations, water recording, biological
observation and sampling, and water quality testing and improvement. Parshall
flumes and other small weirs installed primarily to record water quantity and
velocity are authorized, provided the amount of fill is limited to 25 cubic
yards;
2. The device and any
associated structures or fill, such as foundations, anchors, buoys, and lines,
is removed to the maximum extent practicable at the end of the data collection
or sampling;
3. The site is
restored to pre-construction conditions within 48 hours of completion of use of
the device; and
4. All work is
conducted in compliance with subsection
62-330.050(9),
F.A.C.
(c) An exemption
for geotechnical, geophysical, and cultural resource data surveys, mapping,
sounding, sampling, and coring associated with beach restoration and
nourishment projects and inlet management activities as provided in Section
403.813(1)(v),
F.S.
(d) Geotechnical
investigations, including soil test borings, standard penetration tests, and
other work involving boring, auguring, or drilling for the purposes of
collecting geotechnical data, together with clearing for temporary access
corridors to perform these investigations, subject to the following:
1. Excavation at each soil boring, auguring,
or coring location is limited to no more than one foot in diameter. The total
area of work authorized in wetlands and other surface waters is limited to 0.5
acre, including all excavations and clearing for temporary access
corridors.
2. No drilling fluid or
dredged material shall be left above grade in a wetland or other surface
water.
3. Boreholes suspected to
have penetrated a confining layer shall be grouted from the bottom up by means
of a tremie pipe and the severed materials shall be removed from the wetland or
other surface waters.
4. This
exemption shall not apply to borings used to place seismographic charges for
oil and gas exploration.
5. This
exemption does not supersede the exemption in Section
403.813(1)(v),
F.S., for geotechnical, geophysical, and cultural resource data surveys,
mapping, sounding, sampling, and coring associated with beach restoration and
nourishment projects and inlet management activities.
6. Turbidity, sedimentation, and erosion
shall be controlled during and after investigations to prevent violations of
state water quality standards due to construction related activities.
7. Drilling activities associated with
construction of wells must comply with Chapter 62-532, F.A.C.
8. Temporary vehicular access within wetlands
during construction shall be performed using vehicles generating minimum ground
pressure to minimize rutting and other environmental impacts. Within forested
wetlands, the permittee shall choose alignments that minimize the destruction
of mature wetland trees to the greatest extent practicable. When needed to
prevent rutting or soil compaction, access vehicles shall be operated on
wooden, composite, metal, or other non-earthen construction mats. In all cases,
access in wetlands shall comply with the following:
a. Access within forested wetlands shall not
include the cutting or clearing of any native wetland tree having a diameter
four inches or greater at breast height;
b. The maximum width of the construction
access area shall be limited to 15 feet;
c. All mats shall be removed as soon as
practicable after equipment has completed passage through, or work has been
completed, at any location along the alignment of the project, but in no case
longer than seven days after equipment has completed work or passage through
that location; and
d. Areas
disturbed for access shall be restored to natural grades immediately after the
maintenance or repair is completed.
(12) Construction, Replacement, Restoration,
Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization -
(a) Construction, replacement, and repair of
seawalls or riprap in artificially created waterways under Section
403.813(1)(i),
F.S., and within residential canal systems legally in existence under Chapter
403 or Part IV of Chapter 373, F.S, including only that backfilling needed to
level the land behind seawalls or riprap.
(b) The restoration of a seawall or riprap
under Section 403.813(1)(e),
F.S., where:
1. The seawall or riprap has been
damaged or destroyed within the last year by a discrete event, such as a storm,
flood, accident, or fire or where the seawall or riprap restoration or repair
involves only minimal backfilling to level the land directly associated with
the restoration or repair and does not involve land reclamation as the primary
project purpose. See section 3.2.4 of Volume I for factors used to determine
qualification under this provision;
2. Restoration shall be no more than 18
inches waterward of its previous location, as measured from the waterward face
of the existing seawall to the face of the restored seawall, or from the
waterward slope of the existing riprap to the waterward slope of the restored
riprap; and
3. Applicable permits
under Chapter 161, F.S., are obtained.
(c) The construction of seawalls or riprap in
wetlands or other surface waters between and adjoining existing seawalls or
riprap at both ends in accordance with Section
403.813(1)(o),
F.S. For purposes of this exemption, riprap is subject to the same length and
orientation limitations as a seawall.
(d) Installation of batter piles, king piles,
or a seawall cap, used exclusively to stabilize and repair seawalls, provided
they do not impede navigation.
(e)
Restoration of an eroding shoreline with native wetland vegetative enhancement
plantings, provided:
1. The length of
shoreline is 500 linear feet or less;
2. Plantings are native wetland plants
appropriate for the site obtained from commercially-grown stock;
3. Plantings extend no farther than 10 feet
waterward of the approximate mean high water line (MHWL) or ordinary high water
line (OHWL);
4. All invasive and
exotic vegetative species along the shoreline is removed in conjunction with
the planting to the extent practicable;
5. Biodegradable natural fiber logs or mats
that are secured in place, such as with the use of wooden stakes, may be used
if necessary to support the vegetative plantings; and
6. No fill is placed other than that needed
to support the vegetative plantings, except that a breakwater is authorized to
be installed concurrent with the planting if permanent wave attenuation is
required to maintain the shoreline vegetation, provided:
a. The waterward toe of the breakwater
extends no more than 10 feet waterward of the approximate MHWL or OHWL, with a
top height of no more than the mean or ordinary high water elevation;
b. The breakwater is composed predominantly
of natural oyster shell cultch (clean and fossilized oyster shell) or other
stable, non-degradable materials such as oyster reef, reef balls, boulders,
clean concrete rubble, riprap, rock sills, or triangular concrete forms. Oyster
shell cultch, if used, shall be enclosed in mesh bags having openings of no
more than three inches, or securely fixed to matting prior to placement in the
water. Oyster bags and mats must be anchored to prevent movement of shell from
the project area;
c. The breakwater
shall not be placed over, or within three feet (in any direction) of any
submerged grassbed or existing emergent marsh vegetation;
d. The breakwater shall be placed in units so
that there is at least one opening measuring at least five feet in width
located every 75 linear feet along the breakwater, with a minimum of one
opening, to allow the flow of water and the passage of fish and aquatic
wildlife;
e. All equipment used
during construction shall be operated from, and be stored in uplands;
and
f. All work is conducted in
compliance with subsection
62-330.050(9),
F.A.C.
(13) Single-Family Residences and Associated
Residential Improvements -
(a) The
construction, alteration, maintenance, removal, and abandonment of one
individual single-family dwelling unit, duplex, triplex, or quadruplex, and
associated residential improvements, that:
1.
Do not involve any work in wetlands or other surface waters;
2. Are not part of a larger common plan of
development or sale requiring a permit or modification of a permit under Part
IV of Chapter 373, F.S.; and
3.
Comply with the limitations and restrictions in subsection
62-330.050(9),
F.A.C.
(b) The
construction, alteration, maintenance, removal, and abandonment of one
individual single-family dwelling unit, duplex, triplex, or quadruplex, and
associated residential improvements if it will be located:
1. Within the boundaries of a valid permit
issued under Part IV of Chapter 373, F.S., and it was accounted for under the
permit; or
2. Within the boundaries
of a development that predates the applicable effective date for the permitting
program established under Part IV of Chapter 373, F.S., provided the activity
does not involve any work in wetlands or other surface
waters.
(c) Construction,
operation, or maintenance of a stormwater management facility designed to serve
single-family residential projects in conformance with Section
403.813(1)(q),
F.S.
(14) Utilities -
(a) Installation of overhead transmission
lines in accordance with Section
403.813(1)(a),
F.S.
(b) Installation of subaqueous
transmission and distribution lines in accordance with Section
403.813(1)(m),
F.S.
(c) Replacement or repair of
subaqueous transmission and distribution lines in accordance with Section
403.813(1)(n),
F.S.
(d) Activities necessary to
preserve, restore, repair, remove, or replace an existing communication or
utility pole or aerial transmission or distribution line, provided there is no
dredging or filling in wetlands or other surface waters except to remove poles
and replace them with new poles, and temporary mats needed to access the site
in accordance with paragraph
62-330.051(7)(f),
F.A.C. The activity must not increase the voltage of existing power lines or
relocate existing poles or lines more than 10 feet in any direction from their
original location.
(e)
Installation, removal, and replacement of utility poles that support
telecommunication lines or cables, or electric distribution lines of 35kV or
less, together with the bases and anchoring devices to support those poles.
"Anchoring device" shall mean steel guy wires fastened to the ground, without
the need for dredging, and "base" shall mean a concrete or steel foundation not
exceeding four feet in radius, used to support a utility pole. Work must comply
with the following:
1. No more than 15
utility poles shall be installed, removed, or replaced in wetlands;
2. There shall be no permanent placement of
fill other than utility poles and anchoring devices;
3. Work shall not occur in forested wetlands
located within 550 feet from the mean or ordinary high water line of an Aquatic
Preserve or a named waterbody designated as an Outstanding Florida Water or an
Outstanding National Resource Water;
4. Vehicle usage in wetlands shall be
conducted so as to minimize tire rutting and erosion impacts;
5. There shall be no dredging or filling to
create fill pads or access roads, except to place temporary mats for access
within the utility right-of-way in wetlands. All temporary mats shall be
removed as soon as practicable, but in no case longer than seven days after
equipment has completed passage through, or work has been completed, at any
location along the alignment of the project;
6. Temporary disturbance to wetlands shall be
limited to a length of 0.5 mile, a width of 30 feet, and a total area of 0.5
acre;
7. Maintenance of the utility
right-of-way in wetlands shall be limited to a cleared corridor of up to 15
feet wide and a total area of 0.25 acre;
8. Except for the authorized permanent
structures, pre-work ground elevations and contours shall be restored within 30
days of completion of the work;
9.
Water jets shall not be used unless they are a pre-engineered part of the pole
and the water for the jets is either recirculated on site or is discharged in a
self-contained upland disposal site;
10. The installation of the utility poles and
associated bases and anchoring devices shall not interfere with navigation or
impede water flow in wetlands; and
11. Work is conducted in compliance with
subsection 62-330.050(9),
F.A.C.
(f) Excavation or
dredging of temporary trenches to install utilities such as communication
cables, water lines, and electrical lines, provided:
1. Material is not deposited within wetlands
or other surface waters other than that needed to backfill the trench to
restore ground to pre-work grades;
2. Backfilling is performed to restore
pre-work grades within 24 hours of disturbance; and
3. Work is conducted in compliance with
subsection 62-330.050(9),
F.A.C.
(g) Construction,
alteration, maintenance, removal, or abandonment of communication tower sites
with 0.5 acre or less of impervious or semi-impervious surface such as access
roads, buildings, and equipment pads. The design of above-grade access roads
shall not adversely affect the conveyance of surface water flows. No
activities, including access to the site, shall be located in wetlands or other
surface waters or within a 100-year floodplain.
(h) Construction, alteration, maintenance,
removal, or abandonment of electrical distribution substation and electrical
switching station sites with one acre or less of impervious or semi-impervious
surface such as access roads, buildings, and equipment pads. The design of
above-grade access roads shall not adversely affect the conveyance of surface
water flows. The site must be surrounded by swales, as defined in Section
403.803(14),
F.S., or other type of equivalent treatment, and must not have a direct
discharge to an Outstanding Florida Water. No activities, including access to
the site, may be located in wetlands or other surface waters, or within a
100-year floodplain.
(i)
Installation and repair of water intake lawn irrigation waterlines and
closed-loop air conditioning cooling lines laid on the bottoms of waters of the
state for an individual private single-family or multi-family residence,
provided that the intake diameter is less than six inches, or its hydraulic
equivalent.
(15)
Modification or reconstruction of an existing conveyance system constructed
prior to the need to obtain a permit under Part IV of Chapter 373, F.S.,
provided:
(a) The work is conducted by a
city, county, state agency, or District;
(b) The system alteration is not intended to
serve new development; and
(c) The
system does not:
1. Discharge directly to
Outstanding Florida Waters;
2.
Increase pollution loading;
3.
Change points of discharge in a manner that would adversely affect the
designated uses of wetlands or other surface waters;
4. Result in new adverse water quantity
impacts to receiving waters and adjacent lands;
5. Pipe and fill wetlands and other surface
waters, including irrigation or drainage ditches; and
6. Replace a functional treatment swale that
was authorized under Chapter 62-25, F.A.C., or Part IV of Chapter 373,
F.S.
(16) The
construction, alteration, maintenance, or filling of wholly-owned, artificial
surface waters that:
(a) Were or are created
entirely from uplands;
(b) Are
isolated such that they do not connect to any other wetlands or other surface
waters;
(c) Are not excavated
within three feet above any aquitard or karst materials;
(d) Involve no more than a total of 0.5 acre
of work in wetlands within the artificial waterbody;
(e) Do not impound water above any
surrounding natural grade elevation, or have the capability of impounding more
than 40 acre-feet of water;
(f)
Were or are not created to provide mitigation under Part IV of Chapter 373,
F.S.;
(g) Excavated materials shall
not be used off-site for commercial, industrial, or construction use;
(h) Were not permitted for stormwater
treatment or management under Chapter 62-25, F.A.C., or Part IV of Chapter 373,
F.S.;
(i) All excavated material
shall be deposited and fully contained within uplands;
(j) Are not a farm pond as defined in Section
403.927, F.S.; and
(k) Work is conducted in accordance with
paragraph 62-330.050(9)(b),
F.A.C.;
(17) The
construction, alteration, operation, maintenance, repair, reclamation, or
abandonment of a dry borrow pit for excavation of sand and other soil
materials, provided that all of the following conditions are met:
(a) Notice of intent to use this exemption is
provided to the Agency 30 days before performing any work.
(b) The area of excavation for the borrow pit
shall be less than five acres, when measured at the natural land surface grade
of the pit.
(c) The borrow pit
shall be constructed entirely in uplands for the purpose of using the borrow
materials as appropriately permitted, authorized, or as exempted. If excavated
materials will be used off-site for commercial, industrial, or construction
use, the borrow pit is subject to the mine reclamation requirements under Part
III of Chapter 378, F.S.
(d) Borrow
pits under this exemption must meet the following conditions:
1. Does not include construction or
maintainance of any embankment above the natural land surface grade as a part
of the work to construct the pit and remove the soil materials.
2. No above-grade roads are constructed as
access to the pit area.
3. Shall
not impact wetlands.
4. Shall not
be excavated deeper than three feet above seasonal high water level, any
surficial aquifer, aquitard, or karst materials.
5. The pit area shall be protected at all
times by adequate fencing and gating structures to limit access and provide for
safety.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS.
New 10-1-13, Amended 6-1-18.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., as applicable.
(1) Activities conducted in conformance with the District-specific exemptions in section 1.3 of Volume II applicable to the location of the activity.
(2) Activities conducted in conformance with the exemptions in Section 373.406, or 403.813(1), F.S.
(3) Aquatic Plant and Organic Detrital Control and Removal -
(a) Disking and tilling of exposed lake bottoms in accordance with a permit issued by the Florida Fish and Wildlife Conservation Commission or an exemption under Chapter 369, F.S.
(b) Organic detrital material removal in accordance with Section 403.813(1)(r) or (u), F.S.
(c) Aquatic plant control where the activity qualifies for an exemption authorized under Section 369.20, F.S., or in a permit from the Florida Fish and Wildlife Conservation Commission under Section 369.20 or 369.22, F.S.; and the harvested plant material is not disposed of in wetlands or other surface waters, or in a manner that adversely affects water quality or flood control.
(d) The mechanical harvesting or shredding of aquatic plants and incidentally associated sediments, including subsequent side casting of the harvested or shredded material, provided:
1. The activity is authorized and conducted by the Florida Fish and Wildlife Conservation Commission, under Section 369.20 or 369.22, F.S.;
2. The work involves no dredging and is the minimum amount necessary for maintaining existing navigation corridors and preventing flooding, and in no case shall exceed five total acres of harvesting, shredding, and sidecasting;
3. The work is performed in a manner that does not adversely affect water quality or flood control; and
4. Notice of intent to use this exemption is provided to the Agency five days before performing any work.
(4) Bridges, Driveways, and Roadways -
(a) The replacement and repair of existing open-trestle foot bridges and vehicular bridges in accordance with Section 403.813(1)(l), F.S.
(b) Construction, alteration, or maintenance, and operation, of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided:
1. The construction project area does not exceed one acre and is for a discrete project that is not part of a larger plan of development that requires permitting under this chapter. However, these limitations shall not preclude use of this exemption to provide access to activities that qualify for the general permit in Section 403.814(12), F.S.;
2. The culvert or bridge shall be sized and installed to pass normal high water stages without causing adverse impacts to upstream or downstream property;
3. Culverts shall not be larger than one, 24-inch diameter pipe, or its hydraulic equivalent, and must not reduce the upstream hydraulic discharge capacity;
4. The crossing shall not:
a. Be longer than 30 feet from top-of-bank to top-of-bank;
b. Have a top width of more than 20 feet or a toe-to-toe width of more than 40 feet; and,
c. Have side slopes steeper than three feet horizontal to one foot vertical;
5. There are no more than two crossings on any total land area, with a minimum distance of 500 feet between crossings;
6. If dewatering is performed, all temporary work and discharges must not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards;
7. Any temporary work shall be completely removed and all upstream and downstream areas that were disturbed shall be restored to pre-work grades, elevations and conditions; and,
8. All work shall comply with subsection 62-330.050(9), F.A.C.
(c) Minor roadway safety construction, alteration, maintenance, and operation, provided:
1. There is no work in, on, or over wetlands other than those in drainage ditches constructed in uplands;
2. There is no reduction in the capacity of existing swales, ditches, or other systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S.;
3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.; and
4. The work is limited to:
a. Sidewalks having a width of six feet or less;
b. Turn lanes less than 0.25 mile in length, and other safety-related intersection improvements; and
c. Road widening and shoulder paving that does not create additional traffic lanes and is necessary to meet current, generally accepted roadway design and safety standards.
(d) Resurfacing and repair of existing paved roads, and grading of existing unpaved roads, provided:
1. Travel lanes are not paved that are not already paved;
2. No substantive changes occur to existing road surface elevations, grades, or profiles; and
3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(e) Repair, stabilization, paving, or repaving of existing roads, and the repair or replacement of vehicular bridges that are part of the road, where:
1. They were in existence on or before January 1, 2002, and have:
a. Been publicly-used and under county or municipal ownership and maintenance thereafter, including when they have been presumed to be dedicated in accordance with Section 95.361, F.S.;
b. Subsequently become county or municipally-owned and maintained; or
c. Subsequently become perpetually maintained by the county or municipality through such means as being accepted by the county or municipality as part of a Municipal Service Taxing Unit or Municipal Service Benefit Unit; and
2. The work does not realign the road or expand the number of traffic lanes of the existing road, but may include safety shoulders, clearing vegetation, and other work reasonably necessary to repair, stabilize, pave, or repave the road, provided that the work is constructed using generally accepted roadway design standards;
3. Existing bridges are not widened more than is reasonably necessary to properly connect the bridge with the road to match the width of the roadway travel lanes and safely accommodate the traffic expected;
4. No debris from the original bridge shall be allowed to remain in wetlands or other surface waters;
5. Roadside swales or other effective means of stormwater treatment are incorporated as part of the work;
6. No more dredging or filling of wetlands or water of the state is performed than is reasonably necessary to perform the work in accordance with generally accepted roadway design standards;
7. Notice of intent to use this exemption is provided to the Agency 30 days before performing any work; and
8. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(f) The repair of existing concrete bridge pilings by the Florida Department of Transportation, counties, and municipalities, through the construction of pile jackets, provided the permanent outer form is composed of inert materials and the quantity of material shall not exceed 300 cubic yards of dredging or 300 cubic yards of filling per project. The following conditions shall also apply:
1. Although the bottom sediments within the forms may be removed by jetting or pumping, and may not be recoverable, erosion and sediment control best management practices, including turbidity curtains or similar devices, shall be used in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual to prevent violations of state water quality standards.
2. Immediately following completion of any work that involves disturbance of the shoreline or banks of wetlands or other surface waters, the shoreline and banks shall be stabilized with native vegetation or riprap to prevent erosion; in areas where native wetland vegetation was disturbed, the stabilization shall consist of the same species planted in a manner to achieve stability and coverage of a similar wetland community as previously existed. Temporary erosion controls for all exposed soils within wetlands and other surface waters shall be completed within seven calendar days of the most recent construction activity. Prevention of erosion of exposed earth into wetlands and other surface waters is a construction priority and completed slopes shall not remain unstabilized while other construction continues.
3. Pilings shall not be installed or replaced to add additional traffic lanes.
4. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work -
(a) Installation or repair of pilings and dolphins associated with private docking facilities or piers that are exempt under Section 403.813(1)(b), F.S.;
(b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
(c) Construction of private docks or piers of 1, 000 square feet or less of over-water surface area in artificial waters in accordance with Section 403.813(1)(i), F.S., and within residential canal systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S. This includes associated structures such as roofs and boat lifts, provided the cumulative square footage of the dock or pier and all associated structures located over wetlands and other surface waters does not exceed 1, 000 square feet.
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire.
(e) The construction and maintenance to design specifications of boat ramps in accordance with Section 403.813(1)(c), F.S., where navigational access to the proposed ramp currently exists:
1. In artificial waters and residential canal systems; or
2. In any wetland or other surface waters when the ramps are open to the public; and
3. The installation of docks associated with and adjoining boat ramps constructed as part of the above ramps is limited to an area of 500 square feet or less over wetlands and other surface waters.
(f) The construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts in accordance with section 403.813(1)(s), F.S.
(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission;
2. All work is done in a manner that, to the greatest extent practicable, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally in existence, provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.
(6) Construction, alteration, maintenance, operation, and removal of freshwater fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments, provided:
(a) The material is limited to clean concrete, rock, brush, logs, or trees;
(b) The material is firmly anchored to the bottom of the waterbody;
(c) The size of an individual fish attractor shall be limited to one quarter of an acre in area;
(d) The top of the fish attractor shall be at least three feet below the water surface at expected average low water depth, as determined based on best available information for the waterbody at the specific location of the attractor;
(e) The attractor shall be outside any posted navigational channels and shall not cause a navigational hazard;
(f) No material is placed on or in areas vegetated by native aquatic vegetation; and
(g) The provisions of paragraph 62-330.050(9)(c), F.A.C., also shall apply to protect listed species during the work.
(7) Maintenance and Restoration -
(a) Maintenance dredging under Section 403.813(1)(f), F.S.
(b) Maintenance of insect control structures, dikes, and irrigation and drainage ditches under Section 403.813(1)(g), F.S.
(c) The restoration of existing insect control impoundment dikes, and the connection of such impoundments to tidally influenced waters under Section 403.813(1)(p), F.S., provided:
1. The restored section of dike is limited to 100 feet in length;
2. The connection shall provide sufficient cross-sectional area to allow beneficial tidal influence;
3. Dredging and filling are limited to that needed to restore the dike to original design specifications; and
4. The final elevation of the dredge area shall be within two feet of immediately adjacent bottom elevations.
(d) Alteration and maintenance of treatment or disposal systems under Rule 62-340.700, F.A.C.
(e) Construction and maintenance of swales in accordance with Section 403.813(1)(j), F.S.
(f) Placement of wooden, composite, metal, or other non-earthen construction mats to provide temporary access to maintain or repair projects within wetlands, provided:
1. There is no cutting or clearing of wetland trees having a diameter four inches (circumference of 12 inches) or greater at breast height;
2. The maximum width of the construction access area shall be 15 feet;
3. Mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed at, each location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and
4. Areas disturbed for access shall be restored to natural grades immediately after the work is complete.
(g) Port dredging under Section 403.813(3), F.S.
(h) The following activities undertaken by the National Oceanic and Atmospheric Administration's (NOAA) Florida Keys National Marine Sanctuary:
1. Seagrass restoration following the procedures of the Final Programmatic Environmental Impact Statement for Seagrass Restoration in the Florida Keys National Marine Sanctuary (NOAA 2004), which is incorporated by reference herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09440) and available as provided in subsection 62-330.010(5), F.A.C.; and
2. Coral restoration following the procedures of the Final Programmatic Environmental Impact Statement for Coral Restoration in the Florida Keys and Flower Garden Banks National Marine Sanctuaries (NOAA 2010), which is incorporated by reference herein (June 1, 2018) (https://www.flrules.org/Gateway/reference.asp?No=Ref-09441) and available as provided in subsection 62-330.010(5), F.A.C.
(8) The installation of aids to navigation, including bridge fender piles, "No Wake" and similar regulatory signs, and buoys associated with such aids, in accordance with Section 403.813(1)(k), F.S.
(9) Pipes or Culverts -
(a) Repair or replacement, provided:
1. The pipes or culverts have equivalent hydraulic capacity to those being repaired or replaced;
2. The invert elevation shall not be changed; and
3. The pipes or culverts function to discharge or convey stormwater, and are not associated with the repair, replacement, or alteration of a dam, spillway, or appurtenant works.
(b) Construction, alteration, operation, maintenance, and removal of outfall pipes, together with associated headwalls, and energy dissipation baffles, rocks, and other scour-reduction devices at the outfall locations, provided:
1. The pipes extend less than 20 feet in, on, or over wetlands or other surface waters;
2. The outfall is part of an activity that is exempt under Part IV of Chapter 373, F.S., or qualifies for the general permit in Section 403.814(12), F.S.;
3. The outfall is designed to prevent erosion and scour;
4. Work in natural waterbodies, wetlands, and Outstanding Florida Waters is limited to 0.03 acre;
5. No activities occur in seagrasses;
6. Within waters accessible to manatees, submerged or partially submerged outfall pipes having a diameter larger than eight inches shall have grating such that no opening is larger than eight inches; and
7. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(c) The extension of existing culverts and crossing approaches, and the installation of scour protection structures at such locations, when done to accommodate an activity that does not require a permit under this chapter, provided:
1. Work in wetlands or other surface waters is limited to a total of 100 cubic yards of dredging and filling, and no more than 0.10 acre at any culvert extension or crossing approach location; and
2. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(10) The construction, alteration, maintenance, removal or abandonment of recreational paths for pedestrians, bicycles, and golf carts, provided:
(a) There is no work in, on, or over wetlands or other surface waters other than those in drainage ditches constructed in uplands;
(b) There is no reduction in the capacity of existing swales, ditches, or other stormwater management systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S.;
(c) The paths have a width of eight feet or less for pedestrian paths, and 14 feet or less for multi-use recreational paths;
(d) The paths are not intended for use by motorized vehicles powered by internal combustion engines or electric-powered roadway vehicles, except when needed for maintenance or emergency purposes; and
(e) The paths comply with the limitations and restrictions in subsection 62-330.050(9), F.A.C.
(11) Sampling and Testing -
(a) Collection of seagrass, macroalgae, and macrobenthos in accordance with the terms and conditions of a permit or license issued by the Florida Fish and Wildlife Conservation Commission.
(b) Construction, operation, maintenance, and removal of scientific sampling, measurement, and monitoring devices, provided:
1. The device's purpose is solely to collect scientific or technical data, such as staff gages, tide and current gages, meteorological stations, water recording, biological observation and sampling, and water quality testing and improvement. Parshall flumes and other small weirs installed primarily to record water quantity and velocity are authorized, provided the amount of fill is limited to 25 cubic yards;
2. The device and any associated structures or fill, such as foundations, anchors, buoys, and lines, is removed to the maximum extent practicable at the end of the data collection or sampling;
3. The site is restored to pre-construction conditions within 48 hours of completion of use of the device; and
4. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(c) An exemption for geotechnical, geophysical, and cultural resource data surveys, mapping, sounding, sampling, and coring associated with beach restoration and nourishment projects and inlet management activities as provided in Section 403.813(1)(v), F.S.
(d) Geotechnical investigations, including soil test borings, standard penetration tests, and other work involving boring, auguring, or drilling for the purposes of collecting geotechnical data, together with clearing for temporary access corridors to perform these investigations, subject to the following:
1. Excavation at each soil boring, auguring, or coring location is limited to no more than one foot in diameter. The total area of work authorized in wetlands and other surface waters is limited to 0.5 acre, including all excavations and clearing for temporary access corridors.
2. No drilling fluid or dredged material shall be left above grade in a wetland or other surface water.
3. Boreholes suspected to have penetrated a confining layer shall be grouted from the bottom up by means of a tremie pipe and the severed materials shall be removed from the wetland or other surface waters.
4. This exemption shall not apply to borings used to place seismographic charges for oil and gas exploration.
5. This exemption does not supersede the exemption in Section 403.813(1)(v), F.S., for geotechnical, geophysical, and cultural resource data surveys, mapping, sounding, sampling, and coring associated with beach restoration and nourishment projects and inlet management activities.
6. Turbidity, sedimentation, and erosion shall be controlled during and after investigations to prevent violations of state water quality standards due to construction related activities.
7. Drilling activities associated with construction of wells must comply with Chapter 62-532, F.A.C.
8. Temporary vehicular access within wetlands during construction shall be performed using vehicles generating minimum ground pressure to minimize rutting and other environmental impacts. Within forested wetlands, the permittee shall choose alignments that minimize the destruction of mature wetland trees to the greatest extent practicable. When needed to prevent rutting or soil compaction, access vehicles shall be operated on wooden, composite, metal, or other non-earthen construction mats. In all cases, access in wetlands shall comply with the following:
a. Access within forested wetlands shall not include the cutting or clearing of any native wetland tree having a diameter four inches or greater at breast height;
b. The maximum width of the construction access area shall be limited to 15 feet;
c. All mats shall be removed as soon as practicable after equipment has completed passage through, or work has been completed, at any location along the alignment of the project, but in no case longer than seven days after equipment has completed work or passage through that location; and
d. Areas disturbed for access shall be restored to natural grades immediately after the maintenance or repair is completed.
(12) Construction, Replacement, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization -
(a) Construction, replacement, and repair of seawalls or riprap in artificially created waterways under Section 403.813(1)(i), F.S., and within residential canal systems legally in existence under Chapter 403 or Part IV of Chapter 373, F.S, including only that backfilling needed to level the land behind seawalls or riprap.
(b) The restoration of a seawall or riprap under Section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident, or fire or where the seawall or riprap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose. See section 3.2.4 of Volume I for factors used to determine qualification under this provision;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope of the existing riprap to the waterward slope of the restored riprap; and
3. Applicable permits under Chapter 161, F.S., are obtained.
(c) The construction of seawalls or riprap in wetlands or other surface waters between and adjoining existing seawalls or riprap at both ends in accordance with Section 403.813(1)(o), F.S. For purposes of this exemption, riprap is subject to the same length and orientation limitations as a seawall.
(d) Installation of batter piles, king piles, or a seawall cap, used exclusively to stabilize and repair seawalls, provided they do not impede navigation.
(e) Restoration of an eroding shoreline with native wetland vegetative enhancement plantings, provided:
1. The length of shoreline is 500 linear feet or less;
2. Plantings are native wetland plants appropriate for the site obtained from commercially-grown stock;
3. Plantings extend no farther than 10 feet waterward of the approximate mean high water line (MHWL) or ordinary high water line (OHWL);
4. All invasive and exotic vegetative species along the shoreline is removed in conjunction with the planting to the extent practicable;
5. Biodegradable natural fiber logs or mats that are secured in place, such as with the use of wooden stakes, may be used if necessary to support the vegetative plantings; and
6. No fill is placed other than that needed to support the vegetative plantings, except that a breakwater is authorized to be installed concurrent with the planting if permanent wave attenuation is required to maintain the shoreline vegetation, provided:
a. The waterward toe of the breakwater extends no more than 10 feet waterward of the approximate MHWL or OHWL, with a top height of no more than the mean or ordinary high water elevation;
b. The breakwater is composed predominantly of natural oyster shell cultch (clean and fossilized oyster shell) or other stable, non-degradable materials such as oyster reef, reef balls, boulders, clean concrete rubble, riprap, rock sills, or triangular concrete forms. Oyster shell cultch, if used, shall be enclosed in mesh bags having openings of no more than three inches, or securely fixed to matting prior to placement in the water. Oyster bags and mats must be anchored to prevent movement of shell from the project area;
c. The breakwater shall not be placed over, or within three feet (in any direction) of any submerged grassbed or existing emergent marsh vegetation;
d. The breakwater shall be placed in units so that there is at least one opening measuring at least five feet in width located every 75 linear feet along the breakwater, with a minimum of one opening, to allow the flow of water and the passage of fish and aquatic wildlife;
e. All equipment used during construction shall be operated from, and be stored in uplands; and
f. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(13) Single-Family Residences and Associated Residential Improvements -
(a) The construction, alteration, maintenance, removal, and abandonment of one individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements, that:
1. Do not involve any work in wetlands or other surface waters;
2. Are not part of a larger common plan of development or sale requiring a permit or modification of a permit under Part IV of Chapter 373, F.S.; and
3. Comply with the limitations and restrictions in subsection 62-330.050(9), F.A.C.
(b) The construction, alteration, maintenance, removal, and abandonment of one individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements if it will be located:
1. Within the boundaries of a valid permit issued under Part IV of Chapter 373, F.S., and it was accounted for under the permit; or
2. Within the boundaries of a development that predates the applicable effective date for the permitting program established under Part IV of Chapter 373, F.S., provided the activity does not involve any work in wetlands or other surface waters.
(c) Construction, operation, or maintenance of a stormwater management facility designed to serve single-family residential projects in conformance with Section 403.813(1)(q), F.S.
(14) Utilities -
(a) Installation of overhead transmission lines in accordance with Section 403.813(1)(a), F.S.
(b) Installation of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(m), F.S.
(c) Replacement or repair of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(n), F.S.
(d) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or utility pole or aerial transmission or distribution line, provided there is no dredging or filling in wetlands or other surface waters except to remove poles and replace them with new poles, and temporary mats needed to access the site in accordance with paragraph 62-330.051(7)(f), F.A.C. The activity must not increase the voltage of existing power lines or relocate existing poles or lines more than 10 feet in any direction from their original location.
(e) Installation, removal, and replacement of utility poles that support telecommunication lines or cables, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles. "Anchoring device" shall mean steel guy wires fastened to the ground, without the need for dredging, and "base" shall mean a concrete or steel foundation not exceeding four feet in radius, used to support a utility pole. Work must comply with the following:
1. No more than 15 utility poles shall be installed, removed, or replaced in wetlands;
2. There shall be no permanent placement of fill other than utility poles and anchoring devices;
3. Work shall not occur in forested wetlands located within 550 feet from the mean or ordinary high water line of an Aquatic Preserve or a named waterbody designated as an Outstanding Florida Water or an Outstanding National Resource Water;
4. Vehicle usage in wetlands shall be conducted so as to minimize tire rutting and erosion impacts;
5. There shall be no dredging or filling to create fill pads or access roads, except to place temporary mats for access within the utility right-of-way in wetlands. All temporary mats shall be removed as soon as practicable, but in no case longer than seven days after equipment has completed passage through, or work has been completed, at any location along the alignment of the project;
6. Temporary disturbance to wetlands shall be limited to a length of 0.5 mile, a width of 30 feet, and a total area of 0.5 acre;
7. Maintenance of the utility right-of-way in wetlands shall be limited to a cleared corridor of up to 15 feet wide and a total area of 0.25 acre;
8. Except for the authorized permanent structures, pre-work ground elevations and contours shall be restored within 30 days of completion of the work;
9. Water jets shall not be used unless they are a pre-engineered part of the pole and the water for the jets is either recirculated on site or is discharged in a self-contained upland disposal site;
10. The installation of the utility poles and associated bases and anchoring devices shall not interfere with navigation or impede water flow in wetlands; and
11. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(f) Excavation or dredging of temporary trenches to install utilities such as communication cables, water lines, and electrical lines, provided:
1. Material is not deposited within wetlands or other surface waters other than that needed to backfill the trench to restore ground to pre-work grades;
2. Backfilling is performed to restore pre-work grades within 24 hours of disturbance; and
3. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(g) Construction, alteration, maintenance, removal, or abandonment of communication tower sites with 0.5 acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. No activities, including access to the site, shall be located in wetlands or other surface waters or within a 100-year floodplain.
(h) Construction, alteration, maintenance, removal, or abandonment of electrical distribution substation and electrical switching station sites with one acre or less of impervious or semi-impervious surface such as access roads, buildings, and equipment pads. The design of above-grade access roads shall not adversely affect the conveyance of surface water flows. The site must be surrounded by swales, as defined in Section 403.803(14), F.S., or other type of equivalent treatment, and must not have a direct discharge to an Outstanding Florida Water. No activities, including access to the site, may be located in wetlands or other surface waters, or within a 100-year floodplain.
(i) Installation and repair of water intake lawn irrigation waterlines and closed-loop air conditioning cooling lines laid on the bottoms of waters of the state for an individual private single-family or multi-family residence, provided that the intake diameter is less than six inches, or its hydraulic equivalent.
(15) Modification or reconstruction of an existing conveyance system constructed prior to the need to obtain a permit under Part IV of Chapter 373, F.S., provided:
(a) The work is conducted by a city, county, state agency, or District;
(b) The system alteration is not intended to serve new development; and
(c) The system does not:
1. Discharge directly to Outstanding Florida Waters;
2. Increase pollution loading;
3. Change points of discharge in a manner that would adversely affect the designated uses of wetlands or other surface waters;
4. Result in new adverse water quantity impacts to receiving waters and adjacent lands;
5. Pipe and fill wetlands and other surface waters, including irrigation or drainage ditches; and
6. Replace a functional treatment swale that was authorized under Chapter 62-25, F.A.C., or Part IV of Chapter 373, F.S.
(16) The construction, alteration, maintenance, or filling of wholly-owned, artificial surface waters that:
(a) Were or are created entirely from uplands;
(b) Are isolated such that they do not connect to any other wetlands or other surface waters;
(c) Are not excavated within three feet above any aquitard or karst materials;
(d) Involve no more than a total of 0.5 acre of work in wetlands within the artificial waterbody;
(e) Do not impound water above any surrounding natural grade elevation, or have the capability of impounding more than 40 acre-feet of water;
(f) Were or are not created to provide mitigation under Part IV of Chapter 373, F.S.;
(g) Excavated materials shall not be used off-site for commercial, industrial, or construction use;
(h) Were not permitted for stormwater treatment or management under Chapter 62-25, F.A.C., or Part IV of Chapter 373, F.S.;
(i) All excavated material shall be deposited and fully contained within uplands;
(j) Are not a farm pond as defined in Section 403.927, F.S.; and
(k) Work is conducted in accordance with paragraph 62-330.050(9)(b), F.A.C.;
(17) The construction, alteration, operation, maintenance, repair, reclamation, or abandonment of a dry borrow pit for excavation of sand and other soil materials, provided that all of the following conditions are met:
(a) Notice of intent to use this exemption is provided to the Agency 30 days before performing any work.
(b) The area of excavation for the borrow pit shall be less than five acres, when measured at the natural land surface grade of the pit.
(c) The borrow pit shall be constructed entirely in uplands for the purpose of using the borrow materials as appropriately permitted, authorized, or as exempted. If excavated materials will be used off-site for commercial, industrial, or construction use, the borrow pit is subject to the mine reclamation requirements under Part III of Chapter 378, F.S.
(d) Borrow pits under this exemption must meet the following conditions:
1. Does not include construction or maintainance of any embankment above the natural land surface grade as a part of the work to construct the pit and remove the soil materials.
2. No above-grade roads are constructed as access to the pit area.
3. Shall not impact wetlands.
4. Shall not be excavated deeper than three feet above seasonal high water level, any surficial aquifer, aquitard, or karst materials.
5. The pit area shall be protected at all times by adequate fencing and gating structures to limit access and provide for safety.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS.
New 10-1-13, Amended 6-1-18.