Fla. Admin. Code Ann. R. 62-330.475 - General Permit for Single-family Residential Activities in Isolated Wetlands
(1) A general
permit is granted to construct, alter, maintain, operate, abandon, and remove a
single family residence and associated residential improvements (such as a
driveway, garage, and an onsite sewage disposal system), provided:
(a) The land on which the work is to occur is
not part of a larger plan of common development;
(b) The notice required in Rule
62-330.402, F.A.C., includes
documentation that the tract of land was not divided into two or more parcels
after July 1, 1994;
(c) Work occurs
only in uplands or in isolated wetlands that are not within an Area of Critical
State Concern or within the Wekiva River Basin Riparian Habitat Protection Zone
as described in subparagraph
40C-41.063(3)(e)
1., F.A.C.;
(d) Wetland impacts
shall be eliminated except where unrestricted uplands are insufficient to
support the residence and associated residential improvements. "Unrestricted
uplands" are uplands that are not restricted by easement, deed restriction,
local government regulation, setback, or similar restriction which would
prevent construction there. Uplands are not considered restricted until all
available variance or waiver procedures have been exhausted;
(e) Wherever possible, structures in isolated
wetlands should be built on pilings to minimize fill in wetlands; and
(f) No more than 4, 000 square feet of
isolated wetlands are dredged or filled and no more than 6, 000 square feet of
isolated wetlands are cleared (this includes the area dredged or filled for the
residence and associated residential improvements).
(2) Persons proposing to use this general
permit must provide, as part of the notice required in Rule
62-330.402, F.A.C., reasonable
assurance that the proposed activity:
(a) Does
not cause a violation of state water quality standards;
(b) Does not impede the conveyance of a
stream, river, or other watercourse in a manner that would increase off-site
flooding;
(c) Does not adversely
impact aquatic or wetland dependent listed species;
(d) Does not cause the drainage of
wetlands.
(3) The Agency
will provide written notification to the person proposing to use this general
permit whether the proposed activity qualifies for this general permit within
30 days of submittal of the written notice. The proposed activity shall not be
commenced until the Agency has provided written notice that the applicant
qualifies for the general permit.
(4) This general permit shall not be
applicable on any parcel of property which has been the subject of the
successive filing of notices under a general permit within a three-year period
where the combination of activities to be conducted exceed the thresholds in
this rule.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.413 1, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS.
New 10-3-95, Formerly 62-341.475, 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 to construct, alter, maintain, operate, abandon, and remove a single family residence and associated residential improvements (such as a driveway, garage, and an onsite sewage disposal system), provided:
(a) The land on which the work is to occur is not part of a larger plan of common development;
(b) The notice required in Rule 62-330.402, F.A.C., includes documentation that the tract of land was not divided into two or more parcels after July 1, 1994;
(c) Work occurs only in uplands or in isolated wetlands that are not within an Area of Critical State Concern or within the Wekiva River Basin Riparian Habitat Protection Zone as described in subparagraph 40C-41.063(3)(e) 1., F.A.C.;
(d) Wetland impacts shall be eliminated except where unrestricted uplands are insufficient to support the residence and associated residential improvements. "Unrestricted uplands" are uplands that are not restricted by easement, deed restriction, local government regulation, setback, or similar restriction which would prevent construction there. Uplands are not considered restricted until all available variance or waiver procedures have been exhausted;
(e) Wherever possible, structures in isolated wetlands should be built on pilings to minimize fill in wetlands; and
(f) No more than 4, 000 square feet of isolated wetlands are dredged or filled and no more than 6, 000 square feet of isolated wetlands are cleared (this includes the area dredged or filled for the residence and associated residential improvements).
(2) Persons proposing to use this general permit must provide, as part of the notice required in Rule 62-330.402, F.A.C., reasonable assurance that the proposed activity:
(a) Does not cause a violation of state water quality standards;
(b) Does not impede the conveyance of a stream, river, or other watercourse in a manner that would increase off-site flooding;
(c) Does not adversely impact aquatic or wetland dependent listed species;
(d) Does not cause the drainage of wetlands.
(3) The Agency will provide written notification to the person proposing to use this general permit whether the proposed activity qualifies for this general permit within 30 days of submittal of the written notice. The proposed activity shall not be commenced until the Agency has provided written notice that the applicant qualifies for the general permit.
(4) This general permit shall not be applicable on any parcel of property which has been the subject of the successive filing of notices under a general permit within a three-year period where the combination of activities to be conducted exceed the thresholds in this rule.
Notes
Rulemaking Authority 373.026(7), 373.043, 373.118(1), 373.406(5), 373.413 1, 373.414(9), 373.418, 403.805(1) FS. Law Implemented 373.118(1), 373.406(5), 373.413, 373.4131, 373.414(9), 373.416, 373.418, 373.426 FS.
New 10-3-95, Formerly 62-341.475, Amended 10-1-13, 6-1-18.