62B-33.002: Definitions
62B-33.0051: Coastal Armoring and Related Structures
PURPOSE AND EFFECT: Laws of Florida Chapter 2007-99 amended Chapter 161.085 of the Florida Statutes relating to rigid coastal armoring structures in order to provide criteria to permit sand-filled geotextile containers used as the core of a reconstructed dune. This led to the development of Chapter 62B-56, F.A.C., entitled “Rules and Procedures for Using Sand-Filled Geotextile Dune Cores (Permits for Construction and Maintenance)”. The proposed changes to Chapter 62B-33, F.A.C. will bring the chapter into conformity with section 161.085, Florida Statute, and Chapter 62B-56, F.A.C. These changes shall be made simultaneously with the creation of Chapter 62B-56, F.A.C.
SUMMARY: The proposed changes to Chapter 62B-33, F.A.C. will clarify that Chapter 62B-56, F.A.C. will govern the use of all sand-filled geotextile containers as the core of a reconstructed dune and that sand-filled geotextile containers shall not be authorized by local governments as an emergency armoring structure.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 161.053, 161.0535, 161.085 FS.
LAW IMPLEMENTED: 161.021, 161.053, 161.0535, 161.054, 161.085 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: May 30, 2008, 9:00 a.m. – 12:00 Noon, in conjunction with the hearing for New Chapter 62B-56, F.A.C.
PLACE: Bureau of Beaches and Coastal Systems, Building B, Room 309 (Training Room), 5050 West Tennessee Street, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Rosaline Beckham, Environmental Specialist III, Department of Environmental Protection, Bureau of Beaches and Coastal Systems, Mail Station #300, 3900 Commonwealth Boulevard, Tallahassee, FL 32399-3000, call (850)488-7815 or e-mail: rosaline.beckham@dep.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rosaline Beckham as cited above.
THE FULL TEXT OF THE PROPOSED RULE IS:
62B-33.002 Definitions.
(1) through (26) No change.
(27) “Geotextile container” is a bag or tube, made of blanket-like synthetic fibers manufactured in a woven or loose nonwoven manner, used as an agent to hold together a large mass of sand forming a rigid tubular structure.
(27) through (63) renumbered (28) through (64) No change.
Specific Authority 161.053 FS. Law Implemented 161.052, 161.053, 161.0535, 161.054, 161.061, 161.071, 161.081, 161.085 FS. History– New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.02, Amended 5-12-92, Formerly 16B-33.002, Amended 9-12-96, 1-26-98, 8-27-00, 7-1-01, 12-31-01, 6-13-04, 5-31-07,________.
62B-33.0051 Coastal Armoring and Related Structures.
(1) General Armoring Criteria. In determining the appropriate means to protect existing private structures and public infrastructure from damage from frequent coastal storms, applicants should be aware that armoring may not be the only option for providing protection. Applicants are encouraged to evaluate other protection methods such as foundation modification, structure relocation, and dune restoration. If armoring (other than through the use of geotextile containers as the core of a reconstructed dune, which are governed exclusively by Chapter 62B-56, F.A.C.), is the selected option, the following siting, design, and construction criteria shall apply in order to minimize potential adverse impacts to the beach and dune system:
(a) through (d) No change.
(2) No change.
(a) through (b) No change.
1. through 6. No change.
(7) Armoring, which utilizes subsurface sand-filled geotextile containers as the subsurface core of a reconstructed dune for dune stabilization or restoration activities are not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C. is acceptable where it can be demonstrated that there is no unauthorized take of marine turtles or marine turtle habitat, and the shoreline conditions are such that sufficient sand cover over the structure will be retained except when the structure interacts with waves or wave uprush during low frequency or high energy storm events.
(c) No change.
(3) through (4) No change.
(5) Emergency Protection. Upon the occurrence of a coastal storm which causes erosion of the beach and dune system such that existing structures have either become damaged or vulnerable to damage from a subsequent frequent coastal storm, pursuant to Section 162.085, F.S., the governmental entity may take emergency protection measures to protect public infrastructure and private structures within its jurisdiction. Alternatively, upon declaring a shoreline emergency and providing notification to affected property owners and to the Department, the governmental entity may issue permits authorizing private property owners within their jurisdiction to protect their private structures. Local governments shall not authorize the use of geotextile containers. Emergency protection measures shall be subject to the following:
(a) through (b) No change.
1. through 2. No change.
(c) through (d) No change.
1. Temporary reinforcement of foundations, placement of sandbags, and construction of protective sand berms. Sand used to fill sandbags or construct protective berms shall be beach compatible material and be obtained from an upland source. Excavation of the beach face or near shore area shall require a permit from the Department, pursuant to this rule chapter. Any excavation that occurs below the mean high water line on sovereignty lands is subject to the provision of Section 161.041 and Chapter 253, F.S. Sand-filled geotextile containers used as the core of a reconstructed dune for dune stabilization or restoration activities are not authorized under this rule. These structures are governed under Chapter 62B-56, F.A.C.
2. No change.
(e) through (m) No change.
(6) No change.
Specific Authority 161.053, 161.085 FS. Law Implemented 161.052, 161.053, 161.085 FS. History–New 9-12-96, Amended 1-26-98, 8-27-00, 7-1-01, 6-13-04, 7-3-05, 5-31-07,_________.