21242047, 62B-41.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21242047

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Division:

Beaches and Coastal Systems

Chapter:

RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS

Overview

RULE:

62B-41.002	Definitions
62B-41.003	General Prohibitions
62B-41.004	Exemptions from Permit Requirements
62B-41.005	Policy and Eligibility Criteria for Coastal Construction Permits
62B-41.0055	Protection of Marine Turtles
62B-41.007	Design, Siting and Other Requirements
62B-41.0075	Experimental Coastal Construction
62B-41.008	Information Regarding Permit Application Requirements and Procedures
62B-41.0085	Permit Processing and Administration Fees
62B-41.013	Revisions or Modifications of Approved Permits

PURPOSE:

To establish, in response to a November 16, 2018, Notice of Unadopted Rule from David H. Sherry, Rebecca R. Sherry, and John S. Donovan, regarding the Department’s East Pass Inlet Management plan (July 24, 2013), that consistency with an inlet management plan developed by the Department is no longer required under the provisions of the rule chapter. Instead, applicants seeking a Joint Coastal Permit will need to provide information that, for activities to be conducted that are associated with an inlet, including management activities, demonstrates that the proposed project or activity will comply with the requirements of Section 161.142, Florida Statute. The application form adopted by reference in Rule 62B-49.005(1), F.A.C., is by separate Notice of Rule Development, proposed to be amended to be consistent with rule amendments being developed for certain provisions of Rule Chapter 62B-41, F.A.C.

SUBJECT:

The subject matter addressed is an existing rule requirement regarding the use of a Department approved Inlet Management Plan by applicants for Joint Coastal Permits.

RULEMAKING AUTHORITY:

20.255, 161.041(1), 161.055(1), (2), 161.085(5) FS

LAW:

161.041(1), (2), (3), (4), (5), (7)(b), (8), 20.255, 161.021(1), (6), (7), (9), 161.042, 161.142, 161.143, 161.143(1), 161.142(1), (2), (4), (5), (6), (7), 161.144, 161.143(1), 161.051, 161.055(1), (2), 161.161, 161.061, 161.161(1), 161.082, 161.085(1), (2), 161.091, 161.151(3), 161.0535, 161.163, 379.243(1), 161.101(15) FS

PRINT PUBLISH DATE:

12/11/2018 Vol. 44/239

RELATED STATUTES
AND LAWS:

20.255, 161.041(1), 161.055(1), (2), 161.085(5) FS, 161.041(1), (2), (3), (4), (5), (7)(b), (8), 20.255, 161.021(1), (6), (7), (9), 161.042, 161.142, 161.143, 161.143(1), 161.142(1), (2), (4), (5), (6), (7), 161.144, 161.143(1), 161.051, 161.055(1), (2), 161.161, 161.061, 161.161(1), 161.082, 161.085(1), (2), 161.091, 161.151(3), 161.0535, 161.163, 379.243(1), 161.101(15) FS

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62B-41.002&PDate=12/11/2018&Section=1

REFERENCE MATERIALS:

No reference(s).

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