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Submerged Lands and Environmental Resources Rulemaking Priorities 2014-2015

 

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Implementation of the Environmental Resource Permit Program and the program that authorizes uses of submerged lands owned by the State involves several Florida Statutes and a number of rules of the Department, including certain rules of the water management districts that have been adopted for use by the Department. If you would like to get on our email list for rule updates, please see our Interested Parties Mailing List sign-up page.

 

Environmental Resource Permitting & Submerged Lands Draft Rules

Rule Title

Description

Staff Contacts/ Drafts

Status

62-330
Statewide ERP Phase 2
(14-0376)
SWERP Phase 2 “glitch” rule. Amend the rule and Applicant’s Handbook and forms to incorporate streamlining measures; revise the Joint Application to add USACE information items; and make minor corrections.

Contacts

  • Heather Mason
  • Krystle Hoenstine
  • NWFWMD
  • SRWMD
  • SJRWMD
  • SWFWMD
  • SFWMD

Drafts & Documents

Clean-up rulemaking was anticipated, but was not included in the Regulatory Plan 2013-2014; it is not in the 2014-2015 Plan. Published a Notice of Rule Development on 9/3/14 and held a public workshop webinar on 9/19/14. Published a Notice of Workshop on 9/10/15; conducted the workshop on 10/2/15; considered comments received. Currently routing a request to publish a Notice of Proposed Rule.

Last Updated: September 26, 2016

62-342.700
Financial Responsibility
(15-0140)
To allow mitigation banks to use alternative methods of demonstrating financial responsibility. Current mechanisms in the rule would remain available.

Contacts

  • Tim Rach,
  • John Humphreys
  • Connie Bersok
  • Matt Wilson
  • Krystle Hoenstine

Drafts & Documents

Published a Notice of Rule Development for April 17, 2015. A revised Notice of Rule Development was published on 8/20/15, announcing a Public Workshop held on 9/8/15. Considering comments received.  Next step is to request publishing a Notice of Proposed Rule.

Last Updated: September 26, 2016

62-345
Uniform Mitigation Assessment Method
(13-0913)
Amend rule and forms for clarity and consistency. Clarify use of preservation as mitigation, quantify functions provided by surrounding upland communities, assess Location and Landscape Support functions, determine time-lag and risk factor, and classify altered and artificial sites. Clarify method for assessing seagrass, hardbottom and other submerged communities. Revise forms to better track steps and long-term wetland functional losses and gains.

Contacts

  • John Humphreys
  • Krystle Hoenstine

Drafts & Documents

Included in Regulatory Plan 2012-2013. Published a Notice of Rule Development for 62-345 on 5/3/13; held a public workshop 6/26/13; and 12/19/13. Completed field-testing of draft UMAM scoring worksheets 7/1/14; presented results and draft rule at a public workshop on February 5, 2015.  Published Notice of Workshop for 62-345 to be held October 12, 2016.

Last Updated: September 26, 2016

 

The above information is maintained on the Division of Water Resources web for on-going Rule Amendments.


 

Adopting Body: Board of Trustees (BOT) for Chapter 18 Rules; DEP Secretary (SEC) for Chapter 62 Rules

Acronyms Used

  • DEP - Department of Environmental Protection
  • ERP - Environmental Resource Permit
  • FAW -Florida Administrative Weekly
  • SEC - DEP Secretary
  • JAPC - Joint Administrative Procedures Committee
  • NDR - Notice of Development of Rule
  • NGP - Noticed General Permit
  • NOC - Notice of Change
  • NPR - Notice of Proposed Rule
  • OFARR - Office of Fiscal Accountability & Regulatory Reform
  • SSL - Sovereignty Submerged Lands
  • WMD -Water Management District
  • WRP - Wetland Resource Permit

Links for Specific Rule Information

Last updated: July 12, 2016

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