16297084, 62-330.420 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16297084

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

ENVIRONMENTAL RESOURCE PERMITTING

Overview

RULE:

62-330.420

General Permit to Local Governments for Public Mooring Fields

PURPOSE:

The Department proposes to adopt a new environmental resource general permit for public mooring fields. This general permit is required by Chapter 2013-92, Laws of Florida, which amended Section 373.118(4), F.S., that became effective July 1, 2013.
Under Section 373.118(1), F.S., this general permit must result in, individually and cumulatively, no more than a minimal adverse environmental effect on water resources. In accordance with Section 373.118(4), F.S., this general permit shall: (1) require any public mooring field to be constructed, maintained, and operated for the exclusive use of the general public; (2) include provisions to ensure compliance with Part IV of Chapter 373, F.S.; (3) incorporate criteria necessary to be included in a state programmatic general permit issued by the United States Army Corps of Engineers under Section 404 of the Clean Water Act, Public Law 92-500, as amended, 33 U.S.C. ss. 1251 et seq.; (4) be consistent with the local government manatee protection plan required by Chapter 379, F.S.; and (5) authorize up to 100 vessels for a public mooring field. All of these requirements are addressed by the proposed new general permit, except number (3) which will require future coordination between the Corps of Engineers and the Department after the general permit becomes effective, and will require additional rulemaking.
This general permit additionally requires sovereignty submerged land leases when these public mooring fields are located on state-owned submerged land. The Department will seek formal delegation of authority from the Board of Trustees of the Internal Improvement Trust Fund to the Department to issue leases for public mooring fields that qualify under Section 373.118(4), F.S.
In accordance with Section 373.118(4), F.S., any facility authorized under this general permit that complies with the comprehensive plan of the applicable local government, will be exempt from review as a development of regional impact.

SUMMARY:

Chapter 62-330, F.A.C., Environmental Resource Permitting, will be amended to add a new general permit for public mooring fields.
OTHER RULES INCORPORATING THIS RULE: None; this is a proposed new rule.
EFFECT ON THOSE OTHER RULES: None.

RULEMAKING AUTHORITY:

373.043, 373.044, 373.118(4), 373.4131 FS.

LAW:

373.117, 373.118, 373.413, 373.414, 373.416, 373.422 FS.

PRINT PUBLISH DATE:

8/18/2015 Vol. 41/160

COMMENTS:

From 8/18/2015 To 9/8/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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