Section 62-330.020 - Regulated Activities(1) A permit under this chapter is not required for activities that qualify for: (a) Operation and routine custodial maintenance of projects legally in existence under Chapter 403 or Part IV of Chapter 373, F.S., provided the terms and conditions of the permit, exemption, or other authorization for such projects continue to be met, and provided the activity is conducted in a manner that does not cause violations of state water quality standards. However, this exemption shall not apply to any project that is altered, modified, expanded, abandoned, or removed;(b) An exemption listed in Rule 62-330.051 or 62-330.0511, F.A.C., or in section 1.3 (District-specific exemptions) of the applicable Volume II;(c) The "grandfathering" provisions of Section 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S.; or(d) The "10/2" general permit for upland stormwater systems authorized in Section 403.814(12), F.S.(2) Unless the activity qualifies under subsection (1), above, a permit is required prior to the construction, alteration, operation, maintenance, removal, or abandonment of any project that, by itself or in combination with an activity conducted after October 1, 2013, cumulatively results in any of the following: (a) Any project in, on, or over wetlands or other surface waters;(b) A total of more than 4, 000 square feet of impervious and semi-impervious surface areas subject to vehicular traffic;(c) A total of more than 9, 000 square feet of impervious and semi-impervious surface area;(d) A total project area of more than five acres;(e) A capability of impounding more than 40 acre-feet of water;(f) Any dam having a height of more than 10 feet, as measured from the lowest elevation of the downstream toe to the dam crest;(g) Any project that is part of a larger common plan of development or sale;(h) Any dry storage facility storing 10 or more vessels that is functionally associated with a boat launching area;(i) Any project exceeding the thresholds in section 1.2 (District-specific thresholds) of the applicable Volume II, or(j) Any modification or alteration of a project previously permitted under Part IV of Chapter 373, F.S.(3) Construction and operation of projects under subsection (2), above, are subject to the additional limitations in paragraph 3.1.4(f) of Volume I.(4) The following types of permits are available:(a) A general permit, as provided in Rule 62-330.052, F.A.C., and Rules 62-330.410 through 62-330.635, F.A.C.;(b) An individual permit, as provided in Rule 62-330.054, F.A.C.; and,(c) A conceptual approval permit, as provided in Rule 62-330.055 or 62-330.056, F.A.C.Fla. Admin. Code Ann. R. 62-330.020
Rulemaking Authority 373.026(7), 373.043, 373.118, 373.4131, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.117, 373.118, 373.409, 373.413, 373.4131, 373.4132, 373.4145, 373.416, 373.426, 403.0877 FS.
New 10-1-13, Amended by Florida Register Volume 44, Number 085, May 1, 2018 effective 6/1/2018.New 10-1-13, Amended 6-1-18.