Fla. Admin. Code R. 62B-36.003

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

Section 62B-36.003 - General

(1) The Beach Management Program is established to develop and execute a comprehensive, long range, statewide beach management plan for erosion control, beach preservation, restoration, nourishment and storm protection for the critically eroded shoreline of the State of Florida. This comprehensive program includes the Strategic Beach Management Plan, the Critical Erosion Report, shoreline change reports, inlet management studies, state and federal feasibility and design studies, the Statewide Long Range Budget Plan, and other reports as the Department may find necessary for a multiyear maintenance and repair strategy. The comprehensive program is implemented through projects consistent with the Strategic Beach Management Plan and included in the Statewide Long Range Budget Plan.

(2) The Department shall annually review available information and revise the designations of critically eroded shoreline in the Critical Erosion Report. Local sponsors shall be notified of any proposed changes and be given an opportunity to submit additional information to justify or refute proposed revisions.

(3) Beach and inlet management projects funded by the Department shall be conducted in a manner that encourages cost-savings, fosters regional coordination of projects, optimizes management of sediments and project performance, protects the environment, and provides long-term solutions. Appropriate feasibility studies or analyses shall be required before design or construction of new projects.

(4) Beach and dune restoration and nourishment projects funded by the Department shall be accessible to the general public and access used to calculate eligibility shall be maintained for at least ten years following completion of each construction event. Shoreline segments shall be evaluated for public access as set forth in subsection 62B-36.007(1), F.A.C.

(5) Beach management projects will be evaluated on a case by case basis and may be cost shared, pursuant to Rules 62B-36.006 and 62B-36.007, F.A.C., when determined to avoid or minimize adverse impacts and be cost effective as demonstrated by feasibility and design studies.

(6) The goal of inlet management projects is to balance the sediment budget of the inlet system and the adjacent shorelines within the area of inlet influence. Inlet management projects will be evaluated based upon the criteria in Rules 62B-36.006 and 62B-36.007, F.A.C., and may be cost-shared with the local sponsor for up to 75 percent of the non-federal share.

(7) Activities primarily related to navigation or other infrastructure improvements at inlets are, generally, not eligible for cost sharing. However, components of projects which mitigate critically eroded shoreline caused by alterations, modifications or improvements to inlets, implement components of the Strategic Beach Management Plan, and which do not increase impacts, are eligible for cost sharing for those components which:

(a) Are designed to minimize the erosive effects to the downdrift shoreline caused by the inlet by improving or facilitating the efficiency of sand bypassing, such as the construction of sand bypassing facilities, sand traps and jetty alterations, or

(b) Cost effectively place beach quality sand on the adjacent eroded beaches, such as the incremental cost of placing sand on the beach rather than in an offshore disposal area. The Department will cost share only in the incremental cost of placement of the material. The Department will not cost share in activities normal to the operation and maintenance of the inlet, such as mobilization of equipment and design studies.

(8) Local sponsors are encouraged to consider existing inlet navigation maintenance activities as potential sources of sand when developing beach restoration or nourishment projects.

(9) Non-federal beach management projects shall be cost shared up to 50 percent of the total project cost. Projects authorized by Congress for federal financial participation in the Civil Works program of the United States Army Corps of Engineers shall be cost shared up to 50 percent of the non-federal share. Beach management projects approved to receive Federal Emergency Management Agency Public Assistance funding (Category G or equivalent subsequent program for designed, constructed and routinely maintained beaches) shall be cost-shared up to 50 percent of the local share after state and federal emergency funds are applied. Local sponsors shall pursue federal appropriations to the maximum extent possible in order to proportionally reduce state and local project costs.

(10) Upon notification from the Department of the 60-day submittal period, local sponsors shall submit an updated Annual Funding Request and Local Long Range Budget Plan. Annual funding shall only be requested for projects expected to be initiated or continued in that fiscal year.

(11) The Department shall annually review and rank all projects requested by local sponsors for the next fiscal year on either the beach management or inlet management project lists, and maintain current project listings in priority order. As part of the review, the Department shall seek formal input from local coastal governments, beach and general government associations, and other coastal interest groups, and university experts. The project listings shall also identify funds needed for statewide and regional management activities, state sponsored or co-sponsored demonstration projects, new feasibility and design studies, and a consolidated category for post-construction monitoring required by state and federal permits. Funding that may become available due to savings or scheduling changes shall be made available to projects on approved inlet management lists and for emergency situations as determined by the Governor pursuant to Section 161.111, F.S.

(12) Local sponsors may design and construct beach management projects prior to the receipt of funding from the state and may subsequently apply for reimbursement from the Department pursuant to the procedure in subsection 62B-36.009(3), F.A.C.

Fla. Admin. Code Ann. R. 62B-36.003

Rulemaking Authority 161.101(13), (21), 161.143(6), 161.161(7) FS. Law Implemented 161.088, 161.091(1), 161.101(1), (2), (8), (9), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), 161.111, 161.142(1), (2), (4), (5), (6), (7), 161.143(1), (2), (3), (4), (5), 161.161(1), (2), (6), 216.181 FS.

New 6-10-83, Formerly 16B-36.03, Amended 4-27-86, Formerly 16B-36.003, Amended 12-25-03, 8-5-13.