Florida Department of Environmental Protection Florida Department of Environmental Protection
More Protection, Less Process
* DEP Home * About DEP * Programs * Contact * Site Map * Search
MyFlorida.com  
Environmental Resource Permitting (ERP) and Sovereign Submerged Lands (SSL) Rules

 Submerged Lands and  Environmental Resources Rulemaking Priorities 2008

 

 

Implementation of the Environmental Resource Permit Program and the program that authorizes uses of submerged lands owned by the State involves several Florida statutes and a number of rules of the Department, including certain rules of the water management districts that have been adopted for use by the Department.

 

Rule Title
And (OGC Tracking No.)

Description of
Proposed Amendments

Staff Contacts

Status
(Anticipated Effective Date)

18-14
Administrative Fines for Damaging State Lands or Products Thereof

(08-0631)
Revise the definition of offense and substitute issuance of a Notice of Violation for a warning letter.

Donna Kendall, Bud Vielhauer

Developing draft rule.
18-21.003, .008, .011
Sovereignty Submerged Lands

(07-1898)
http://www.dep.state.fl.us/lands/
Simplify the method of assessing fees for use of sovereign submerged land, extend the standard lease term, and clarify associated definitions.

Division of State Lands, Scott Woolam, Suzanne Brantley

Held public meetings 8/31/07 in Tallahassee, 10/10 WPB, 10/11 Ft. Myers. Published NDR 10/26/07. Held workshops 11/13/07; 1/9/08, 1/10, 1/22, and 7/22/08. Revising rule based on comments.
62-4
Permits
(08-1684)
Permit Fees:  SB 1294 requires setting certain minimum fees and reevaluating other permitting fees in the ERP and Drinking Water Programs.

Jim Stoutamire, Doug Fry, Betsy Hewitt, Meredith Fields

Published NDR June 27, 2008.
62-113
Delegation

(08-1687)
Permit Fees:  Delegation to SJR, SR, SF, and SWF WMDs to adjust application and permit fees same as DEP’s changes to permit and application fees required by SF 1294.

Doug Fry, Betsy Hewitt, Meredith Fields

Published NDR June 27, 2008. Will publish NPR 9/19/08.
62-113.100
Delegations to Miami-Dade County

(05-2688)
Draft Rule
Draft Agreement (116kb)
Delegation Map (564kb)
Attachment A (521kb)
Workshop Agenda (222kb)
Workshop Presentation (3.1mb)
Incorporate by reference an Operating Agreement between the DEP, the SFWMD and Miami-Dade County that delegates a portion of the ERP permitting, enforcement, and compliance program in uplands and wetlands within the designated boundaries of delegation. Projects that are within CERP project boundaries, including SSL and certain other activities, will not be delegated.

Doug Fry, Ann Lazar,
Stacey Cowley, (Matt Davis,
Susan Martin)

Received request for delegation 3/07. Published NDR 8/17/07. Public workshop held 10/9/07 in Miami. Working on questions from SFWMD.
62-113
Delegation to Hillsborough County

(07-1612)
Delegation of DEP’s ERP program to the Environmental Protection Commission of Hillsborough County. Doug Fry,
Katherine Gilbert, Meredith Fields
 
Petition for Delegation received 1/18/08. Requesting additional information from the County. Reviewing the County’s proposed draft rule.
62-341.417
-- Public Boat Ramps


(OGC No. 05-1659 and Docket No. 05-30R)
 

Draft Rule  (35 kb)
Notice of Rule Development Workshops (31 kb)
Interested Parties Notice (40 kb)
Workshop Agenda (30 kb)
Workshop Presentation (947 kb)

HB 989 (2005) requires DEP to adopt GPs for local government boat ramps, marinas, and mooring fields. Because of the Phase 1 change, 62-341 applies statewide. Therefore, we are no longer pursuing revisions to 62-312.827 (05-1660 and 05-31R) for a dredge and fill General Permit because a new Noticed General ERP for Local Government Boat Ramps will be addressed in the NW ERP Phase 2 rulemaking in Ch. 62-346.
 
Ann Lazar, Doug Fry, Stacey Cowley Published NDR 8/5/2005; workshops held 2/21 in Panama City, 2/27 Temple Terrace, 2/28 West Palm Beach; 9/29 Ft. Myers, 10/5 Jacksonville, and 10/31/06 Cocoa. Additional rule workshops for 62-341 held 5/21/07 in West Palm Beach, 5/22/07 in Tampa, 5/23 in Tallahassee. Requested workshop held 8/25/08 in Tallahassee.
62-341.494 -- Noticed General Environmental Resource Permits (NGP)
for WCIND covering Lee County
(05-01R and 07-0200)

Trafficshed maps

Adopt a new NGP for the West Coast Inland Navigation District to cover activities in Lee County. Lucy Blair, Doug Fry, Betsy Hewitt, Amanda Bush, Kelly Samek

DEP (CAMA and SD Office) jointly are developing rule language with the WCIND. Held pending issue of establishment of No Combustion Engine Zone Areas as mitigation. Published NDR 4/20/07; workshop 5/7/07 in Ft. Myers. Lee Co. Resolution was adopted in 2008.

62-343
Environmental Resource Permit Procedures

(08-1613)
Amend the Joint Application form to delete the exemption verification option and NGP. Will adopt a separate form to request verification.

Alice Heathcock,
Brynna Ross
 

Expect to publish a NDR in October 2008.
62-346  ERP in Northwest Florida (Phase 2)
62-341 (07-1320)
62-346 (07-1321)
Notices
Workshop Agenda
Workshop Presentation
373.4145(1)(b), F.S., requires amendments to the existing 62-346 rule, currently limited to stormwater management systems, to include all activities in wetlands and other surface waters, including isolated wetlands. May involve amendments to NGPs in 62-341.

Doug Fry, Lee Marchman (NWFWMD), Ann Lazar,
Betsy Hewitt, Meredith Fields

Published NDR 11/2/07. Held public workshops 12/3 in Tallahassee, 12/4 Pensacola, and 12/5 Panama City. Next workshops 2/26/08 Panama City, 2/27 Pensacola, and 2/29 Tallahassee.   Next will be 9/17, 18, 19 in PNS, PC, TAL.
62-346  ERP in Northwest Florida
(08-1673)
SB 1294 requires setting certain minimum fees and reevaluating other permitting fees in the ERP and Drinking Water Programs.

Doug Fry, Betsy Hewitt, Meredith Fields

Published NDR June 27, 2008.
62-347
Statewide Stormwater

Draft Rule Information
(07-0552)
Develop standards regarding stormwater treatment to address nutrient levels.

Eric Livingston, Michael Bateman, Betsy Hewitt, Meredith Fields

Published NDR 5/25/07. Presented preliminary draft Applicant’s Handbook at the first Technical Advisory Committee meeting on 3/5/08. TAC meetings held 4/16, 5/28, and 7/9. Next will be 10/1&2, and 11/2&3. Public workshops to begin January 2009.
62-348
Peat Mining
(07-1077)
Adopt Environmental Resource Permit procedures for peat mining as required by HB197 amending Ch. 373, F.S. New chapter, to be titled “Wetland Permitting and Mitigation for the Mining of Peat for the Horticultural Industry”, provides alternative wetland mitigation for areas from which high quality peat is mined for use in Florida horticulture. Howard Hayes, Doug Fry, Katherine Gilbert Published NDR 8/10/07. Distributed for review in April 2008. Receiving comments from affected parties. Anticipate a rule development workshop before December 2008.


 

Rule Title
And (OGC Tracking No.)

Description of
Proposed Amendments

Staff Contacts

Status
(Anticipated
Effective Date)

Rulemaking Not Yet Commenced or On Hold

62-340.450
Delineation of Landward Extent of Wetlands and Surface Waters

(05-1915)
Draft Rule Information
 
Amend chapter to list slash pine and gallberry as "facultative" or "neutral" indicators on the state's wetland plant list. This will allow these plants to be considered neutral for the purpose of assessing the on-site plant community when delineating wetlands and surface waters under Ch. 62-340. This change will bring the state and federal wetland boundaries closer together in streamlining the two programs. Rick Cantrell, Eric Hickman,
Alissa Blank
 
To become effective, requires the Legislature to ratify statute. It was not ratified in 2007 and, at this time, is not scheduled for 2008.
The NPRM was published 9/23/05. The Environmental Regulation Commission Adopted the rule on 2/23/06.
 

Rule Amendments Recently ADOPTED

18-21.003, .004, .010, .011, .013
Sovereignty Submerged Lands

(06-0275)
http://www.dep.state.fl.us/lands/
Amend chapter to update and clarify appraisal requirements for private easements and provide noticing requirement for expansions of leases and easements. Division of State Lands,
Mike Herran, Suzanne Brantley
 

 

Effective 4/14/2008

ADOPTING BODY:
For Chapter 18 Rules – the adopting body is the Board of Trustees (BOT)
For Chapter 62 Rules – the adopting body is the DEP Secretary (SEC)
 

ACRONYMS USED
DEP = Department of Environmental Protection
NPRD = Notice of Proposed Rule Development
ERP = Environmental Resource Permit
NPRM = Notice of Proposed Rulemaking
FAW = Florida Administrative Weekly SEC = DEP Secretary
JAPC = Joint Administrative Procedures Committee
SSL = Sovereignty Submerged Lands
NGP = Noticed General Permit
SWFWMD = Southwest Florida Water Management District
WMD = Water Management District
WRP = Wetland Resource Permit

INTERNET ADDRESSES
ERP On-going Rule Amendments: http://www.dep.state.fl.us/water/wetlands/erp/rules/rulestat.htm
Draft Rules: http://www.dep.state.fl.us/water/wetlands/erp/rules/draft.htm
Guide to ERP & WR Program Rules:
http://www.dep.state.fl.us/water/wetlands/erp/rules/guide.htm

Internet Site for DEP Notices of rule development and workshops: http://tlhora6.dep.state.fl.us/onw/pilot.asp

All Current Rules & Statutes are maintained by the Dept. of State: http://election.dos.state.fl.us/fac/index.shtml

Last updated: September 17, 2008

  2600 Blair Stone Road M.S. 3500   Tallahassee, Florida 32399   850-245-8336 (phone) / 850-245-8356 (fax) 
DEP Home | About DEP  | Contact Us | Search |  Site Map