Fla. Admin. Code R. 62-330.320

Current through Reg. 50, No. 124; June 25, 2024

Section 62-330.320 - Duration of Permits

Unless revoked, extended or otherwise modified, the duration of a permit under this chapter is:

(1) General permit - Five years to construct, commencing from the date notice is received by the Agency, or the date the Agency verifies compliance with the terms and conditions of the general permit in accordance with Rule 62-330.402, F.A.C., whichever is later.

(2) Individual permit - Five years from the date of issuance to construct, except:

(a) Less than five years for activities such as temporary or experimental work, or when a shorter duration is needed; or

(b) More than five years when the applicant specifically requests a longer duration and provides reasonable assurance that:

1. The activity for which the permit is to be granted cannot reasonably be expected to be completed within five years after commencement of construction; and

2. The impacts of the activity, considering its nature, the size of the project, and any required mitigation, can be accurately assessed and offset where appropriate, and the terms of the permit can be met for the duration of the permit requested.

(3) Operation and maintenance - in perpetuity following:

(a) Construction in conformance with the terms and conditions of a general permit; or

(b) Conversion from the construction to the operation phase of an individual permit in accordance with Rule 62-330.310, F.A.C.

(4) Conceptual approval permit - As provided in Rule 62-330.055 or 62-330.056, F.A.C.

(5) Mitigation bank permit - As provided in Rule 62-342.750, F.A.C.

(6) A modification to extend the duration of the construction phase of an individual permit shall be granted if the extension request is received in writing by the Agency before expiration of the construction phase; and:

(a) The activity remains consistent with plans, terms, and conditions of the permit and the Agency's rules in effect when the extension is granted; and

(b) The request can be approved in consideration of subparagraphs (2)(b)1. and 2., above.

Fla. Admin. Code Ann. R. 62-330.320

Rulemaking Authority 373.026(7), 373.043, 373.118, 373.413 1, 373.4145, 373.418, 403.805(1) FS. Law Implemented 373.118, 373.413, 373.4131, 373.4136, 373.4142, 373.4145, 373.416, 373.426 FS.

New 10-1-13, Amended by Florida Register Volume 44, Number 085, May 1, 2018 effective 6/1/2018.

New 10-1-13, Amended 6-1-18.