Statutes, codes, and regulations
Florida Administrative Code
Department 40 - WATER MANAGEMENT DISTRICTSDivision 40D - Southwest Florida Water Management DistrictChapter 40D-1 - PROCEDURAL
Part VI - PERMITTING
Section 40D-1.607 - Permit Processing Fee

Fla. Admin. Code R. 40D-1.607

Download
PDF
Current through Reg. 50, No. 244; December 17, 2024
Section 40D-1.607 - Permit Processing Fee

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to qualify for a permit with a lower fee or not require a permit. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District's permit application processing fees are as follows:

(1) Environmental resource permit applications and related determinations under Chapter 62-330, F.A.C.
(a) Processing fees required by the District for activities regulated under Chapter 62-330, F.A.C., are listed below. The term "N/A" means the requested activity determination is not currently available from the District and is only available from the Department of Environmental Protection.

FEE CATEGORY

FEE AMOUNT

1. Activities qualifying for an electronic self-certification:

a. Self-certifications in accordance with Section 403.814(12), F.S.

N/A

b. Self-certifications for activities other than those under Section 403.814(12), F.S.

N/A

2. Determination of qualification for an activity exemption:

a. Under Rules 62-330.050 and 62-330.051, F.A.C.

$100

b. Under Rule 62-330.0511, F.A.C.

$0

3. Determination of Qualification to use a General Permit.

$250

4. Individual or Conceptual Approval Permits excluding permits for a mitigation bank:

a. New applications. The processing fee for a new permit application shall be as determined from the categories below.

(I) Total project area of less than 10 acres and no works in on or over wetlands or other surface waters except where exempt under paragraphs 62-330.051(9)(a) through (c), F.A.C.

$364

(II) Total project area of less than 10 acres that does not meet sub-sub-subparagraph 4.a.(I), above, but that involves less than 1 acre of works in, on or over wetlands and other surface waters, AND less than 10 new boat slips.

$2,912

(III) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(II), above, but involves a total project area of less than 40 acres less than 3 acres of works in on or over wetlands and other surface waters AND less than 30 new boat slips.

$3,322

(IV) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(III), above, but involves a total project area of less than 100 acres less than 10 acres of works in on or over wetlands and other surface waters AND less than 50 new boat slips.

$3,731

(V) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(IV), above, but involves a total project area of less than 640 acres, AND less than 50 acres of works in, on or over wetlands and other surface waters.

$4,141

(VI) Project exceeds any of the thresholds in sub-sub-subparagraph 4.a.(V), above.

$4,550

(VII) Project exclusively for agricultural or silvicultural purposes and involving a total project area of less than 10 acres AND less than 1 acre of works (i.e. dredging filling construction or alteration) in on or over wetlands and other surface waters.

$2,912

(VIII) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in sub-sub-subparagraph 4.a.(VII), above, but involving a total project area of less than 40 acres AND less than 3 acres of works in, on or over wetlands and other surface waters.

$3,322

(IX) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in sub-sub-subparagraph 4.a.(VIII), above, but involving a total project area of less than 100 acres AND less than 10 acres of works in, on or over wetlands and other surface waters.

$3,731

(X) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in sub-sub-subparagraph 4.a.(IX), above, but involving a total project area of less than 640 acres AND less than 50 acres of works in, on or over wetlands and other surface waters.

$4,141

(XI) Project exclusively for agricultural or silvicultural purposes that exceeds any of the thresholds in sub-sub-subparagraph 4.a.(X), above.

$4,550

(XII) Individual or conceptual approval permit solely for environmental restoration or enhancement activities, provided such activities are not associated with a mitigation bank and are not being implemented as mitigation for other activities that require a permit under Part IV of Chapter 373, F.S. For the purposes of this provision, the term "environmental restoration or enhancement" means an action or actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters to intact communities typical of those historically present, or to improve the quality and condition of currently degraded wetlands or other surface waters to a more healthy, functional, and sustaining condition for first, wildlife, and sustaining condition for fish, wildlife, and listed species.

Based on aforementioned thresholds

(XIII) Individual or conceptual approval permit solely to retrofit an existing stormwater management, management system or systems.

Based on aforementioned thresholds

(b) Major Modifications exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.:

(I) Major modification to an individual permit that is consistent with and existing conceptual approval permit.

50% of the fee prescribed under 4.a. above

(II) Major modification to an Individual or Conceptual Approval Permit that increase the project area.

50% of the fee prescribed under 4.a. above

(III) All other major modifications.

50% of the fee prescribed under 4.a. above

5. Individual or Conceptual Permits for a Mitigation Bank

a. New application for a mitigation bank with a permit area of:

(I) Less than 100 acres

$3,632

(II) At least 100 acres but less than 640 acres

$3,632

(III) 640 acres or more

$3,632

b. Major modification exceeding any of the thresholds in subsection 62-330.315(3), F.A.C.:

(I) Affecting one of the following: service area credit assessment success or release criteria hydrologic structures or alterations elimination of lands monitoring or management plans or construction or mitigation design that does not increase the project area

$1,816

(II) Affecting two of the components in sub-sub-subparagraph 5.b.(I), above.

$1,816

(III) Affecting three of the components in sub-sub-subparagraph 5.b.(I), above.

$1,816

(IV) All other major modifications.

$1,816

c. Mitigation bank credit release.

$0

d. Mitigation bank credit withdrawal.

$0

6. Minor Modification of an individual or conceptual approval permit including a permit for a mitigation

bank, that does not exceed any of the thresholds in subsection 62 330.315(3), F.A.C.

a. Extension of permit duration, where not exempted from fees under Florida statutes.

$0

b. To correct minor errors that do not involve technical review.

$0

c. To transfer a permit to a new owner/permittee or to transfer a permit to an operation and maintenance entity.

$0

d. All other minor modifications.

$0

7. Variance or Waiver.

a. Under Section 120.542, F.S.

$0

b. Under Section 373.414(17), F.S.

$0

8. Fee Reductions.

a. Application for an individual or conceptual approval permit or modification thereof submitted using the District's electronic application system where the processing fee in subparagraph (a)4. or 5., above, exceeds $250.

25% reduction

b. Application for any activity by an entity qualifying under Section 218.075, F.S., when the fee under paragraph (a) exceeds $100.

$100

c. Applications for any activity when submitted by the U.S. Department of Defense.

$0

9. Determination of the Landward Extent of Wetlands and Other Surface Waters.

a. Informal Determination. Fee shall be based on the acreage of the entire property for which the request applies, as follows:

(I) Total area to be included in the determination is up to 1 acre.

$353

(II) Additional fee per acre (or portion thereof) beyond the first 1 acre, total fee not to exceed $500.

$20

b. Petition for formal determination. Fee shall be based on the acreage of the entire property for which the petition is filed, as follows:

(I) Total area to be included in the determination is less than 10 acres.

$777

(II) Total area to be included in the determination is at least 10, but less than 40 acres.

$1,060

(III) Total area to be included in the determination is at least 40, but no more than 100 acres.

$2,119

(IV) Additional fee per 100 acres (or portion thereof) that exceeds the first 100 acres.

$283

c. Reissuance of a formal determination.

(I) Submitted 60 days prior to expiration.

$353

(II) Submitted within 2 years of expiration of a formal determination provided petitioner certifies no unpermitted alterations in physical conditions and no change in delineation methodology since issuance of prior formal determination, as confirmed by staff.

50% of the fee prescribed in 9.b above

(2) Application fees for proprietary authorization under Chapters 253 and 258, F.S., are in accordance with the fee schedule provided in Chapter 18-21, F.A.C.
(3) For projects grandfathered pursuant to Section 373.414 or 373.4131, F.S., the conceptual, individual or general surface water management or environmental resource permit application fee shall be the same as the conceptual, individual or general ERP application fees listed in subsection (1), above.
(4) For projects grandfathered pursuant to Section 373.414, F.S., the wetland resource (dredge and fill) permit application fee shall be as set forth in paragraphs 40D-1.607(5)(a) -(g), F.A.C., as it existed on December 29, 2011.
(5) Water use permit application fees shall be as follows:
(a) For a Chapter 40D-2, F.A.C., individual permit that authorized annual average quantities from any source or combined sources that is 500, 000 gpd or greater, the fees shall be as follows:

1. New individual permit no greater than 10 years

$1,000.00

2. New individual permit no greater than 20 years

$2,000.00

3. Renewal individual permit no greater than 10 years

$750.00

4. Renewal individual permit no greater than 20 years

$1,500.00

5. Individual permit modification

$300.00

6. Individual permit temporary

$200.00

(b) For a Chapter 40D-2, F.A.C., individual permit that authorizes:
1. Annual average quantities from any source or combined sources that is 100, 000 gpd or greater but less than 500, 000 gpd; or
2. Annual average quantities from any source or combined sources that is less than 100, 000 gpd and:
a. The drought annual average quantities are 100, 000 gpd or greater in the Southern Water Use Caution Area;
b. Annual average quantities are for mining or dewatering;
c. The primary source is from surface water and the combined annual average quantities is at least 50, 000 gpd;
d. The withdrawal is required by the permit to be metered and reported to the District;
e. The maximum quantity equals or exceeds 3, 000, 000 gpd for crop protection or other use; or
f. At least one permitted facility is located within the Dover-Plant City Water Use Caution Area and requires crop protection quantities.

3. If an individual permit meets sub-subparagraph 1. or 2., above, the fees shall be as follows:

a. New individual permit no greater than 10 years

$250.00

b. New individual permit no greater than 20 years

$500.00

c. Renewal individual permit no greater than 10 years

$185.00

d. Renewal individual permit no greater than 20 years

$370.00

e. Individual permit modification

$75.00

f. Individual permit temporary

$50.00

(c) For a Chapter 40D-2, F.A.C., individual permit that authorizes annual average quantities from any source or combined sources that is less than 100, 000 gpd unless the criteria listed in subparagraph 40D-1.607(7)(b) 2., F.A.C. apply, the fees shall be as follows:

1. New individual permit no greater than 10 years

$50.00

2. New individual permit no greater than 20 years

$100.00

3. Renewal individual permit no greater than 10 years

$35.00

4. Renewal individual permit no greater than 20 years

$70.00

5. Individual permit modification

$15.00

(d) Chapter 40D-2, F.A.C., permit fees for those new and renewal permits and modifications to permits that are issued for a duration greater than 20 years shall be equal to the ratio of the number of years granted to 20 years multiplied by the corresponding 20 year permit fee specified above.
(e) For those public supply utilities that are solely wholesale customers of water supplied by another entity and are required to obtain a permit for such activities pursuant to Chapter 40D-2, F.A.C., permit fees shall be one-half of the applicable fee provided above.

(6) Permit application fees for water well construction or repair shall be as follows:

(a) Chapter 40D-3, F.A.C., non-public supply water wells.

$50.00

(b) Chapter 40D-3, F.A.C., public supply water wells or other wells constructed to public supply standards.

$130.00

(c) Chapter 40D-3, F.A.C., non-public supply potable water wells in Chapter 62-524, F.A.C., delineated areas.

$100.00

(d) Chapter 40D-3, F.A.C., public supply water wells in Chapter 62-524, F.A.C., delineated areas.

$500.00

(7) Chapter 40D-40, F.A.C., general site conditions assessment permit:

(a) Within a contiguous project area of 100 acres or moreand/or with more than one acre of wetlands onsite, basic fee.

$1,715.00

(b) Within a contiguous project area of less than 100 acres and with 1 acre or less of wetlands onsite basic fee.

$1,098.00

(c) Application for formal modification of an existing site conditions assessment permit by adjustment, expansion, transfer, extension, or conversion to Chapter 40D-4 or 40D-40, F.A.C., construction and operation permit:
1. For adjustment, expansion, transfer or extension of contiguous project area and permitting of the same or additional site condition boundaries, one-half the basic fee applicable to a new application;
2. Modification to convert to Chapter 40D-4 or 40D-40, F.A.C., construction permit:
a. When the construction permit applicant is the original permittee for a valid site conditions assessment permit, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; if a construction permit is issued, a credit equal to the basic fee amount paid in connection with the site conditions assessment permit shall be reimbursed after submittal of the project Statement of Completion and as-built information by the original permittee, and operation approval by the District.
b. When the construction permit applicant is not the original permittee, and the applicant has a valid site conditions assessment permit that was transferred, the processing fee amount due shall be the full application fee for a Chapter 40D-4, F.A.C., individual construction permit or a Chapter 40D-40, F.A.C., general construction permit, as applicable; but the permit application processing fee credit in sub-subparagraph 2.a. shall not apply.
(8) The District will use the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U), all items, compiled by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S.
(9) Fee Exemptions.
(a) The following types of applications are exempt from the fees identified in subsection (5):
1. Letter Modifications: Letter Modifications requested through the use of a Modification Short Form Application, Form No. LEG-R.035.02 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03747), incorporated by reference in and pursuant to paragraph 40D-2.331(2)(b), F.A.C.
2. Resubmittals: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months, or upon the conclusion of any administrative or judicial process to challenge a denial, provided the same type of application with substantially similar quantities is resubmitted.
(b) The following types of applications are exempt from the fees identified in subsection (6):
1. Abandonment Permit Applications: Applications for permits to abandon water wells.
2. Resubmittals: Any resubmittal of an application that was denied or withdrawn within the preceding twelve months or upon the conclusion of any administrative or judicial process to challenge a denial.

Fla. Admin. Code Ann. R. 40D-1.607

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2), 373.4131 FS.

Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10, 9-5-10, 12-29-11, 10-1-13, 2-27-14, 5-19-14, Amended by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/17/2014.

New 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00, 3-15-01, 9-26-02, 8-7-03, 6-5-05, 2-6-07, 5-12-08, 12-30-08, 12-7-09, 6-30-10, 9-5-10, 12-29-11, 10-1-13, 2-27-14, 5-19-14, 8-17-14.