12985310, 40D-1.607 - Florida Administrative Rules, Law, Code, Register

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Notice: 12985310

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.607

Permit Processing Fee

PURPOSE:

The purpose of this rulemaking is to amend the District’s permit processing fee rule to adopt standardized permitting fee categories for Environmental Resource Permits (ERPs). This is being done as part of a statewide ERP rulemaking effort being undertaken by the Department of Environmental Protection in conjunction with the state’s five water management districts, pursuant to Section 373.4131, F.S. Each water management district as well as the DEP will be adopting the same standardized fee categories, for statewide consistency.  The effect of this rulemaking will be to have standardized fee categories applicable statewide for various types of activities that require an ERP or for which a request for confirmation of qualification of exemption,  an informal or a formal determination of wetland or other surface water is requested or a variance or waiver of permitting rules is sought.  Each water management district and DEP will establish its own fees within each fee category, to be based upon existing fees.  It is anticipated that the new fee categories will not take effect until the statewide ERP rules take effect, which are proposed to become effective in July 2013.

SUMMARY:

Pursuant to Section 373.4131(1), F.S., the Department of Environmental Protection (DEP) in coordination with the state’s water management districts, shall undertake rulemaking to establish statewide Environmental Resource Permitting (ERP) rules to promote more consistent statewide regulation of activities associated with the construction, alteration, maintenance, repair, abandonment or removal of any stormwater management system, dam, impoundment, reservoir, appurtenant work, works or any combination thereof.  The statewide ERP rules are required to address certain provisions which include standardized fee categories for activities regulated under Part IV of Chapter 373, F.S. Accordingly, the District is amending its fee rule, 40D-1.607, F.A.C., to include the standardized fee categories developed by DEP and to delete provisions relating to ERP fees that, upon adoption, will no longer be applicable to ERP-related activities. The amendments will conform the District’s fee provisions relating to ERPs, formal and informal determinations of the landward extent of wetlands and other surface waters, verifications of qualification for exemptions, and requests for variances and waivers to the fee categories proposed by DEP.  For ERPs, fees are tiered based upon whether the application is for new activity or modification of an existing project, the size of the project in terms of project area and the extent of work proposed in wetlands or other surface waters. Reduced fees are provided for electronically submitted applications and applications from the U.S. Department of Defense.  Existing District fee reductions for short form modifications are retained. A fee is provided for informal determinations of wetlands and other surface waters which, according to statutory amendments made in 2008, were required to have a minimum fee of $100.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171, F.S.

LAW:

373.109, 373.421(2), 373.4131, F.S.

PRINT PUBLISH DATE:

5/10/2013 Vol. 39/92

COMMENTS:

From 5/10/2013 To 5/31/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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