5757646, 62-341.417 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 5757646

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

62-341.417

General Permit for Construction, Alteration, Operation, and Maintenance of Boat Ramp Facilities (Transferred)

PURPOSE:

This proposed rule amends an existing noticed general environmental resource permit under Part IV of Chapter 373, F.S., for boat ramps and their associated accessory docks. The amendments will conform the general permit with the requirements of Section 373.118(5), F.S. (as amended by Chapter 2005-158, Laws of Florida), including authorizing certain upland improvements associated with a boat ramp facility that is constructed, operated, and maintained by a governmental entity, provided the ramp and associated facilities remain open to the general public for the life of the facility. The amendments also will make the general permit more useable by expanding the geographical area where it applies.

SUMMARY:

The proposed rule authorizes the construction, alteration, maintenance, and operation of a single boat ramp serving an individual, single-family dwelling unit, a multi-family dwelling unit, a commercial entity, or a governmental entity. The boat ramp for a multi-family residence or a commercial or governmental entity will be authorized to contain a maximum of two accessory docks having a maximum cumulative size of either 500 square feet within Outstanding Florida Waters (as listed in Rule 62-302.700, F.A.C.) or 1,000 square feet in other waters. The general permit also authorizes a maximum of 1.2 acres of impervious surface in uplands subject to vehicular traffic associated with a governmental entity’s boat ramp, provided: 1) that any such impervious surface exceeding 4,000 square feet must have a fully operational stormwater management system completed in conformance with the terms and conditions of the general permit prior to operation of any portion of the boat ramp facility; and 2) the ramp and associated facilities remain open to the general public for the life of the facility.
The existing general permit is not allowed to be used in waters that are accessible to manatees within 27 counties. The geographic applicability of the general permit is proposed to be expanded to all counties in Florida, except for waters that are accessible to manatees within Charlotte, Hillsborough, Levy, Manatee, and Pinellas Counties or the St. Johns River and its tributaries in Lake and Seminole Counties. However, construction or expansion of a multi-family, commercial, or governmental boat ramp in waters that are accessible to manatees must be consistent with applicable state approved manatee protection plans.
Boat ramp facilities authorized under the proposed noticed general permit cannot be associated with a larger plan of development that requires a permit under Part IV of Chapter 373, F.S. Boat ramps and accessory docks authorized under the general permit cannot adversely impede navigation or create a navigational hazard in the water body, and a minimum navigational access of two feet below mean low water in tidal waters or mean annual low water in non-tidal waters must already exist to the proposed ramp. The general permit does not authorize any filling of wetlands or other surface waters, other than for construction of the actual boat ramp surface, incidental filling associated with recontouring the land under the ramp to create a smooth grade, and placement of pilings for associated accessory docks. The general permit contains additional conditions and limitations to ensure that it does not allow significant adverse impacts to occur individually or cumulatively, as required by Sections 373.118, 373.406(5), and 373.414(9), F.S.

RULEMAKING AUTHORITY:

373.026(7), 373.043, 373.118(1), 373.406(5), 373.414(9), 373.418, 403.805(1) FS.

LAW:

373.118(1), 373.118(5), 373.406(5), 373.413, 373.414(9), 373.416, 373.418, 373.426 FS.

PRINT PUBLISH DATE:

6/26/2009 Vol. 35/25

COMMENTS:

From 6/26/2009 To 7/17/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.