Fla. Admin. Code R. 62B-33.008

Current through Reg. 50, No. 222; November 13, 2024

Section 62B-33.008 - Application Requirements and Procedures for Areawide and Individual Permits

(1) Any person desiring to obtain a permit for construction seaward of the CCCL or 50-foot setback from the Department, except those persons applying pursuant to the emergency procedures in Rule 62B-33.014, F.A.C., shall submit a completed application form to the Department at the address below. The permit application form, which is entitled "Application for a Permit for Construction Seaward of the CCCL or 50 Foot Setback" - DEP Form #73-100, September 2018, is hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-09946. Copies of the form can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400; at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-2094. The application shall contain the following specific information:

(a) Name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.

(b) Sufficient evidence of ownership including the legal description of the property for which the permit is requested. Examples of evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation; a copy of a long term lease-purchase agreement, or contract for deed; a copy of a property tax receipt bearing the name and address of the current owner; articles of condominium bearing evidence of appropriate recordation (for condominiums); or the cooperative documents defined in Section 719.103(13)(a), F.S. (for residential cooperatives). Other documents submitted as evidence of ownership will be reviewed by the staff and shall be rejected if found not to be sufficient. A copy of a quit claim deed, a purchase contract, an affidavit from the owner, or a tax record obtained from an Internet website (unless obtained from an authenticated official county record) is not sufficient evidence of ownership. If the applicant is not the property owner, the applicant shall submit certification on the form provided by the Department as part of the permit application form, which is referenced in subsection 62B-33.008(3), F.A.C., authorizing the applicant to act as the owner's agent for the purpose of applying for a permit and to act on behalf of the owner in other matters pertaining to the permit.

(c) Written evidence, provided by the appropriate local governmental entity having jurisdiction over the activity, that the proposed activity, as submitted to the Department, does not contravene local setback requirements or zoning codes.

(d) A statement describing the proposed work, activity, or construction.

(e) A signed and sealed survey of the subject property. The information depicted on the drawing shall be from a field survey conducted not more than six months prior to the date of the application. The survey shall comply with the requirements given in Rule 62B-33.0081, F.A.C.

(f) For structures with proposed permanent exterior lighting, a dimensioned marine turtle lighting plan that includes all exterior lighting drawn to an appropriate scale showing:

1. The location of all proposed permanent exterior lighting fixtures clearly marked by distinctive symbols for each model used, and

2. A table with the column headings shown below providing the specified information for each fixture model and light source used, and

Fixture Label	Fixture Quantity	Fixture Mounting Type	Fixture Mounting Height	Manufacturer and Catalog No.	Lamp type, color and	Structure Level1	Location of Fixture2	Drawing Sheet Number	Labeled Cut Sheet Provided (Y/N)
1Ground Level (Level 1) 2Landward side of structure Second Level, Third Level, etc. Beachside of structure

3. A detailed description or manufacturer's catalog sheet (cut sheet) for each fixture model used.

4. The specific tinting value on all non-opaque doors, walls, balcony railings, deck railings, windows, and

5. Photometric information for structures 7, 000 square feet or larger with exterior lighting on parking lots, pools, and deck areas.

(g) For major habitable multifamily dwelling structures, detailed foundation plans and specifications. These documents shall be signed and sealed by a a registered professional.

(h) A dimensioned site plan. The drawings shall be signed and sealed by a registered professional. The site plan shall include:

1. The locations and exterior dimensions of all proposed structures, including foundations and other activities, and the bearings and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

2. Dimensions and locations of the foundation outlines of any existing structures on adjacent properties and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any existing structures or the seaward limit of any coastal or shore-protection structure. These measurements shall include all structures that the applicant contends have established a reasonably continuous and uniform construction line for permits requested under the provisions of Section 161.052(2)(b) or 161.053(4)(b), F.S.

3. Dimensions and locations of the foundation outlines of any existing structures on the subject property and distances from the CCCL or 50-foot setback to the seaward corners of the foundations of any major structures or the seaward limit of any coastal or shore-protection structure.

4. The horizontal location of the erosion control line (if one exists).

5. The contour lines corresponding to elevation 0.00 (NAVD).

6. The approximate contour of mean high water and the seasonal high water.

7. The horizontal location of the seaward line of vegetation and outlines of existing natural vegetation.

8. The horizontal location of the CCCL or the 50-foot setback (if no CCCL is established for the county in which the property is located) for the full width of the subject property, including the location and full stamping of the two nearest Department or published second order or higher horizontal control points.

9. The location and dimensions of the property boundary, rights of way, and easements, if any.

10. The property owner and project name, street address, scale, north arrow, sheet number, and date of drawings.

11. The location of work limits, construction fences, and dune features and vegetation to be protected during construction.

(i) A dimensioned grading plan. The drawings shall be signed and sealed by a registered professional. The grading plan shall include:

1. Existing and proposed elevations, contours and spot elevations; and

2. Proposed excavation and fill volumes seaward of the CCCL, including excavation and fill associated with swimming pools and other water retention structures, and site grading.

3. Certification from a registered professional that the fill material meets the specifications/criteria of subsection 62B-33.005(7), F.A.C.

4. For multifamily habitable and commercial structures only, the following information is required:

a. A table specifying all excavation and fill volumes seaward of the CCCL associated with the project, including excavation or fill associated with the construction of foundations, basements, swimming pools and other water retention structures, and site grading;

b. Samples of proposed fill material (either imported or excavated) shall be submitted to the Department if the fill material will be placed on the beach, within the dune system or coastal strand vegetation, or seaward of armoring; or if the fill material volume will be greater than 700 cubic yards and will be placed within 50 feet of a frontal dune, dune bluff or primary dune, whichever is more seaward;

c. The storage locations and description of handling methods for all temporary excavation and fill material; and

d. Geotechnical data sufficient to determine the fill material meets the standards of subsection 62B-33.005(7), F.A.C.

(j) Dimensioned cross-sections. The drawings shall be signed and sealed by a registered professional. The cross-sections shall include a typical view from the mean high water line (MHWL) to the CCCL depicting all structures and building elevations, proposed and existing grades, subgrade construction, excavation, fill, and elevations for any proposed or existing rigid coastal structures.

(k) For rigid coastal structures, a dimensioned site plan and detailed final construction plans and specifications for all proposed structures or excavation. These documents shall be signed and sealed by an engineer licensed in the State of Florida and shall bear the certification specified in paragraph 62B-33.0051(2)(c), F.A.C., and the site plan shall include all information required in subsection 62B-33.0081(1), F.A.C.

(l) Details, including engineering design computations, for any proposed waste or storm water discharge onto, over, under, or across the beach and dune system, such as storm water runoff, swimming pool drainage, well discharge, domestic waste systems, or outfalls. For multi-family dwellings, commercial developments, paved roadways, parking lots, and any de-watering projects, the applicant shall provide a dimensioned storm water management plan or other drainage plan(s). These plans shall show all conveyance systems (pipes, swales, culverts, wells, catchbasins, outlets), retention areas, invert elevations, and surface runoff drainage arrows.

(m) An anticipated construction schedule.

(n) A detailed planting plan drawn to an appropriate scale. The planting plan shall include:

1. The location, typical sizes, and approximate spacing of proposed plants;

2. The proposed temporary or permanent irrigation systems;

3. Existing native vegetation and plants to be removed; and

4. A plant list with both scientific and common names.

(o) Planting and maintenance plans drawn to an appropriate scale shall be submitted if planting or removal of native vegetation is proposed as part of a proposed dune restoration or enhancement project, Such plans shall include specifications and schedules for the establishment of native plantings and the locations of:

1. The MHWL;

2. The seasonal high water line;

3. The seaward most vegetation line and existing stands of vegetation;

4. The dune crest(s);

5. The foundations of structures on the property;

6. Any proposed planting areas, including dimensions; and

7. Any dune protection elements such as construction fences, sand fences or signs.

(2) If the application proposes to repair or rebuild, improve, or add an addition to an existing structure, the applicant shall submit a statement from the local governmental agency having jurisdiction over the activity which clearly states whether or not the proposed construction is a substantial improvement as defined in Section 161.54(12), F.S. If a statement is not available, the applicant shall submit to the Department all documentation necessary for the Department to make such a determination. The documentation shall include the cost of the improvement or repair and a figure representing the cumulative total of 50 percent of the market value of the structure, either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.

(3) The staff shall require the applicant to provide other site specific information or calculations as is necessary for proper evaluation of the application. The dimensions for the plans referenced in this section shall be submitted in U.S. Customary System units. Structures shall be located with distances measured perpendicular to the control line, 50-foot setback line, or the mean high water line, as appropriate. All elevations in this rule shall be referenced to NAVD 88 (U.S. survey foot). Site, grading, drainage, and landscape plans as well as cross-sections shall be drawn to a scale no smaller than 1'' = 40' in the horizontal dimension.

(4) The Department recognizes that the requirements specified in paragraphs 62B-33.008(1)(e) through (o), and Rule 62B-33.0081, F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure protection to the beach and dune system. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

(5) The applicant shall have 180 days from the date the Department mails a timely request for additional information to submit that information to the Department. If an applicant requires more than 180 days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for a period of up to 90 days. Additional extensions shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(6) Permits for major structures and coastal armoring shall expire three years from the date of issuance unless the Department receives a written request for extension from the applicant demonstrating that the construction phase of the project cannot be completed within three years. In such case, permits for major structures and coastal armoring shall expire five years from the date of issuance. Permits for minor structures shall expire one year from the date of issuance. Permits for other structures shall expire two years from date of issuance. Once a permit has expired, all activity authorized must cease unless a new permit, a time extension, or a permit renewal is approved by the Department.

(7) Any substantial modification to a complete application shall require an additional processing fee determined pursuant to subsection 62B-33.0085(4), F.A.C., and shall restart the time requirements of Section 120.60, F.S. For purposes of this rule section, the term "substantial modification" shall mean a modification that is reasonably expected to lead to new or increased adverse impacts that require a detailed review.

(8) As an alternative to the above procedure, the Department issues field permits for certain minor structures and activities if the Department determines the activity has minor impacts. The field permit form that, is entitled "Field Permit Pursuant to Section 161.053 or 161.052, F.S., " DEP Form 73-122 (Revised 3/05), is hereby adopted and incorporated by reference. A copy of the form can be obtained by contacting the Department of Environmental Protection, 2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-2400, at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-2094.

(9) Requests for the Department to determine that the proposed activity is exempt from permitting pursuant to the provisions of Section 161.053(11)(b), F.S., shall include, at a minimum, a survey meeting the requirements of Rule 62B-33.0081, F.A.C., and the information requirements of paragraphs 62B-33.008(1)(h), (i), (j), (l), (n) and (o), and subsection 62B-33.008(3), F.A.C. The Department recognizes that the requirements specified above may not be necessary to make an exemption determination. In such cases, the applicant shall, as part of the request for exemption, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.

(10) For reissued permits, the information specified under paragraphs 62B-33.008(1)(a) through (d), F.A.C., and the following are required:

(a) An updated signed and sealed survey of the subject property that meets the requirements of Rule 62B-33.0081, F.A.C.

(b) A copy of the previously approved plans, including any revisions to the approved plans to comply with current building code requirements.

Fla. Admin. Code Ann. R. 62B-33.008

Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2), (12) FS.

New 11-18-80, Amended 7-7-81, 3-17-85, 11-10-85, Formerly 16B-33.08, Amended 8-7-86, Formerly 16B-33.008, Amended 1-26-98, 8-27-00, 12-31-01, 6-13-04, 5-31-07, Amended by Florida Register Volume 44, Number 222, November 14, 2018 effective 11/28/2018.

New 11-18-80, Amended 7-7-81, 3-17-85, 11-10-85, Formerly 16B-33.08, Amended 8-7-86, Formerly 16B-33.008, Amended 1-26-98, 8-27-00, 12-31-01, 6-13-04, 5-31-07, 11-28-18.