Fla. Admin. Code Ann. R. 62-330.417 - General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities
(1) A general
permit is granted, except in waters that are accessible to manatees within
Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns
River and its tributaries in Lake and Seminole Counties, for construction,
alteration, maintenance, and operation of a single boat ramp for the following
entities or facilities:
(a) An individual,
detached single-family dwelling unit or two adjacent detached single-family
dwelling units, provided the ramp is located on the shared property
line.
(b) A multi-family dwelling
unit, which, for the purpose of this rule, shall include attached multi-family
dwelling units, regardless of the legal subdivision of the underlying
property.
(c) A commercial entity,
provided such ramp is open to the general public for the life of the ramp, with
or without a fee and without any membership or qualifying
requirements.
(d) A governmental
entity, such as a federal, state, county, or municipal agency, or a water
management or inland navigation district, provided the boat ramp is open to the
general public for the life of the facility, with or without a fee. The
following associated facilities are also authorized for governmental entities
in accordance with the terms and conditions of this general permit, provided
the ramp and associated facilities remain open to the general public for the
life of the facility, with or without a fee: ingress and egress traffic lanes,
boat trailer parking spaces, an access road, and associated accessory
docks.
(2) The boat ramp
and associated facilities must meet all of the following conditions:
(a) The work is not part of a larger plan of
development that requires a permit under Part IV of Chapter 373, F.S.
(b) A minimum navigational access of two feet
below mean low water in tidal waters or the expected average low depth in
non-tidal waters, as determined based on best available information for the
water body at the project location, must already exist to the proposed ramp.
Depth indicators shall be installed at the ramp to identify the controlling
depths of the navigational access.
(c) There shall be no work in, on, or over
submerged grassbeds or coral communities.
(d) Dredging shall be limited to no more than
100 cubic yards, and in no case shall be more than is necessary to construct
the boat ramp surface or restore the ramp to its original configuration and
dimension.
(e) The above-water
portion of the boat ramp shall be paved or otherwise stabilized to prevent
turbidity.
(f) Work under this
general permit shall not commence until the Agency has provided written
confirmation that the applicant qualifies to use the general permit.
(g) This general permit is limited to one use
per parcel of property and cannot be combined with other general permits or
exemptions.
(3)
Construction of the boat ramp is limited as follows:
(a) The boat ramp for a single-family or
multi-family dwelling unit, under paragraph (1)(a) or (b), above, is limited to
a single lane and must not exceed a width of 20 feet, including the side
slopes, with the boat ramp surface not to exceed a width of 12 feet.
(b) The boat ramp for a commercial or
governmental entity under paragraph (1)(c) or (d), above, is limited to a
maximum of two lanes and must not exceed a width of 60 feet, including the side
slopes, with the ramp surface not to exceed a width of 36 feet.
(c) Construction or expansion of a
multi-family, commercial, or governmental boat ramp under paragraph (1)(b),
(c), or (d), above, in waters that are accessible to manatees must meet the
following criteria:
1. The proposed boat ramp
facility must be consistent with the state approved manatee protection plan in
counties required to have a manatee protection plan adopted under Section
379.2431(2),
F.S., or in counties that have voluntarily completed a state approved manatee
protection plan. Documentation of plan consistency must be submitted
concurrently with the notice to use the general permit in the form of a letter
of consistency concurrence from the Florida Fish and Wildlife Conservation
Commission. A review by the Commission can be requested at
ImperiledSpecies@myfwc.com.
2. The
proposed boat ramp facility must have a kiosk or permanent information display
board providing information on manatee protection and applicable manatee zones
as adopted in Chapter 68C-22, F.A.C., "The Florida Manatee Sanctuary Act" (June
13, 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03179),
which is incorporated by reference herein and available as provided in
subsection 62-330.010(5),
F.A.C., for that county.
(d) A boat ramp for a multi-family residence
or for commercial or governmental entities under paragraph (1)(b), (c), or (d),
above, can have a maximum of two accessory docks, abutting either one or both
sides of the boat ramp, provided that the cumulative square footage of
accessory docks over wetlands or other surface waters does not exceed 500
square feet in Outstanding Florida Waters or 1, 000 square feet outside
Outstanding Florida Waters. In addition, the accessory docks shall not be used
for overnight mooring.
(4) The total impervious surface in uplands
that is subject to vehicular traffic associated with a boat ramp for a
governmental entity under paragraph (1)(d), above, shall not exceed 1.2 acres.
Before operating any portion of such a boat ramp facility that contains 4, 000
square feet or more impervious surface subject to vehicular traffic, a
stormwater management system meeting all of the following requirements must be
constructed and fully operational.
(a) Each
system must be designed by a registered professional in accordance with Chapter
471, 472, 481, or 492, F.S., as applicable, and must be constructed, operated,
and maintained to serve the total project area of the boat ramp
facility.
(b) No system shall
accept or treat runoff from offsite areas not associated with the total project
area.
(c) The system must provide
treatment for a minimum stormwater retention volume of one-half inch of runoff.
Recovery of the specified retention volume must occur within 72 hours by
percolation through the sides and bottom of the retention basin.
(d) Impervious traffic lanes and parking
areas must be graded such that runoff is directed to the stormwater treatment
system.
(e) The system must include
a continuous vegetated buffer strip adjacent to the downstream side of
impervious areas subject to stormwater treatment. The buffer strip must be at
least 25 feet wide and stabilized by well-established natural
vegetation.
(f) The permittee must
maintain the treatment system and buffer strips at all times for the life of
the system.
(g) Upon completing
construction of the stormwater management system, the system must be operated
and maintained by the permittee in accordance with the terms of this general
permit for the life of the system. The permittee shall perform routine
inspections of the buffer to check for development of concentrated flow through
it, gully erosion, or loss of vegetation, and must repair the buffer as soon as
practical to restore shallow overland flow conditions and prevent further
concentration of flow and damage to the buffer.
(5) Commercial or governmental entities
proposing to construct a boat ramp under paragraph (1)(c) or (d), above, shall
record a fully executed binding agreement in the official records of the county
in which the boat ramp is located. Commercial entities shall execute and record
the "Agreement to Maintain Public Access, " incorporated herein as Form
62-330.417(1),
(October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02508),
ensuring the facility will remain open to the general public for the life of
the facility. Governmental entities shall execute and record the "Agreement to
Maintain Public Access and Operate Stormwater System, " incorporated herein as
Form 62-330.417(2),
(October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02509),
ensuring the facility will remain open to the general public for the life of
the facility and to ensure that the stormwater management system associated
with the boat ramp will be operated and maintained for the life of the system.
Copies of incorporated materials may be obtained from the Agency, as described
in subsection 62-330.010(5),
F.A.C.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.4131, 373.414(1), (9), 373.416, 373.418, 373.426, 403.814(1) FS.
New 10-3-95, Amended 12-9-09, Formerly 62-341.417, Amended 10-1-13, 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.
(1) A general permit is granted, except in waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties, for construction, alteration, maintenance, and operation of a single boat ramp for the following entities or facilities:
(a) An individual, detached single-family dwelling unit or two adjacent detached single-family dwelling units, provided the ramp is located on the shared property line.
(b) A multi-family dwelling unit, which, for the purpose of this rule, shall include attached multi-family dwelling units, regardless of the legal subdivision of the underlying property.
(c) A commercial entity, provided such ramp is open to the general public for the life of the ramp, with or without a fee and without any membership or qualifying requirements.
(d) A governmental entity, such as a federal, state, county, or municipal agency, or a water management or inland navigation district, provided the boat ramp is open to the general public for the life of the facility, with or without a fee. The following associated facilities are also authorized for governmental entities in accordance with the terms and conditions of this general permit, provided the ramp and associated facilities remain open to the general public for the life of the facility, with or without a fee: ingress and egress traffic lanes, boat trailer parking spaces, an access road, and associated accessory docks.
(2) The boat ramp and associated facilities must meet all of the following conditions:
(a) The work is not part of a larger plan of development that requires a permit under Part IV of Chapter 373, F.S.
(b) A minimum navigational access of two feet below mean low water in tidal waters or the expected average low depth in non-tidal waters, as determined based on best available information for the water body at the project location, must already exist to the proposed ramp. Depth indicators shall be installed at the ramp to identify the controlling depths of the navigational access.
(c) There shall be no work in, on, or over submerged grassbeds or coral communities.
(d) Dredging shall be limited to no more than 100 cubic yards, and in no case shall be more than is necessary to construct the boat ramp surface or restore the ramp to its original configuration and dimension.
(e) The above-water portion of the boat ramp shall be paved or otherwise stabilized to prevent turbidity.
(f) Work under this general permit shall not commence until the Agency has provided written confirmation that the applicant qualifies to use the general permit.
(g) This general permit is limited to one use per parcel of property and cannot be combined with other general permits or exemptions.
(3) Construction of the boat ramp is limited as follows:
(a) The boat ramp for a single-family or multi-family dwelling unit, under paragraph (1)(a) or (b), above, is limited to a single lane and must not exceed a width of 20 feet, including the side slopes, with the boat ramp surface not to exceed a width of 12 feet.
(b) The boat ramp for a commercial or governmental entity under paragraph (1)(c) or (d), above, is limited to a maximum of two lanes and must not exceed a width of 60 feet, including the side slopes, with the ramp surface not to exceed a width of 36 feet.
(c) Construction or expansion of a multi-family, commercial, or governmental boat ramp under paragraph (1)(b), (c), or (d), above, in waters that are accessible to manatees must meet the following criteria:
1. The proposed boat ramp facility must be consistent with the state approved manatee protection plan in counties required to have a manatee protection plan adopted under Section 379.2431(2), F.S., or in counties that have voluntarily completed a state approved manatee protection plan. Documentation of plan consistency must be submitted concurrently with the notice to use the general permit in the form of a letter of consistency concurrence from the Florida Fish and Wildlife Conservation Commission. A review by the Commission can be requested at ImperiledSpecies@myfwc.com.
2. The proposed boat ramp facility must have a kiosk or permanent information display board providing information on manatee protection and applicable manatee zones as adopted in Chapter 68C-22, F.A.C., "The Florida Manatee Sanctuary Act" (June 13, 2012) (http://www.flrules.org/Gateway/reference.asp?No=Ref-03179), which is incorporated by reference herein and available as provided in subsection 62-330.010(5), F.A.C., for that county.
(d) A boat ramp for a multi-family residence or for commercial or governmental entities under paragraph (1)(b), (c), or (d), above, can have a maximum of two accessory docks, abutting either one or both sides of the boat ramp, provided that the cumulative square footage of accessory docks over wetlands or other surface waters does not exceed 500 square feet in Outstanding Florida Waters or 1, 000 square feet outside Outstanding Florida Waters. In addition, the accessory docks shall not be used for overnight mooring.
(4) The total impervious surface in uplands that is subject to vehicular traffic associated with a boat ramp for a governmental entity under paragraph (1)(d), above, shall not exceed 1.2 acres. Before operating any portion of such a boat ramp facility that contains 4, 000 square feet or more impervious surface subject to vehicular traffic, a stormwater management system meeting all of the following requirements must be constructed and fully operational.
(a) Each system must be designed by a registered professional in accordance with Chapter 471, 472, 481, or 492, F.S., as applicable, and must be constructed, operated, and maintained to serve the total project area of the boat ramp facility.
(b) No system shall accept or treat runoff from offsite areas not associated with the total project area.
(c) The system must provide treatment for a minimum stormwater retention volume of one-half inch of runoff. Recovery of the specified retention volume must occur within 72 hours by percolation through the sides and bottom of the retention basin.
(d) Impervious traffic lanes and parking areas must be graded such that runoff is directed to the stormwater treatment system.
(e) The system must include a continuous vegetated buffer strip adjacent to the downstream side of impervious areas subject to stormwater treatment. The buffer strip must be at least 25 feet wide and stabilized by well-established natural vegetation.
(f) The permittee must maintain the treatment system and buffer strips at all times for the life of the system.
(g) Upon completing construction of the stormwater management system, the system must be operated and maintained by the permittee in accordance with the terms of this general permit for the life of the system. The permittee shall perform routine inspections of the buffer to check for development of concentrated flow through it, gully erosion, or loss of vegetation, and must repair the buffer as soon as practical to restore shallow overland flow conditions and prevent further concentration of flow and damage to the buffer.
(5) Commercial or governmental entities proposing to construct a boat ramp under paragraph (1)(c) or (d), above, shall record a fully executed binding agreement in the official records of the county in which the boat ramp is located. Commercial entities shall execute and record the "Agreement to Maintain Public Access, " incorporated herein as Form 62-330.417(1), (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02508), ensuring the facility will remain open to the general public for the life of the facility. Governmental entities shall execute and record the "Agreement to Maintain Public Access and Operate Stormwater System, " incorporated herein as Form 62-330.417(2), (October 1, 2013) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02509), ensuring the facility will remain open to the general public for the life of the facility and to ensure that the stormwater management system associated with the boat ramp will be operated and maintained for the life of the system. Copies of incorporated materials may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.4131, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), (5), 373.406(5), 373.413, 373.4131, 373.414(1), (9), 373.416, 373.418, 373.426, 403.814(1) FS.
New 10-3-95, Amended 12-9-09, Formerly 62-341.417, Amended 10-1-13, 6-1-18.