Florida Department of Environmental Protection Environmental Resource Program Workshop Series 2010/2011

Exemptions and Self Certification Process

What qualifies for a dock exemption?

Commonly used dock exemptions

The 5 regulatory dock exemptions

 Construction, repair, and replacement of mooring pilings  Construction of private docks (non-commercial)  (1,000-sq. ft. limitation/500-sq. ft. if aquatic preserve)  Construction of private dock in artificially created waterways  (1,000-sq. ft. limitation)  Repair and replacement of functional docks or mooring pilings  Construction and maintenance of boat ramps on artificial waterways and associated structures

Proprietary forms of authorization-Docks

Proprietary (Not in an Aquatic Preserve)- Consent by Rule

     Must be 1,000-sq. ft. or less Structure is only dock or pier per parcel and not private multi-family with 3 or more slips Can’t impede navigation (25% Rule of Thumb) Must be a water dependent structure Cannot be revenue generating

Proprietary - Letter of Consent

     All docks proposed in AP’s 500-sq. ft. or less Considered one minimum size private single-family dock or pier per parcel Can’t extend beyond 20% of the water body or 500 feet, whichever is less Must be a water dependent structure Setbacks of 10 feet (marginal) or 25 feet (other design), unless it gets Consent by Rule or <65’ shoreline

Proprietary forms of authorization-Docks

Proprietary Letter of Consent (cont’d)

 Private single-family or multi-family that cumulatively preempt no more than 10 sq. ft. for each linear foot of shoreline

Proprietary - Lease

  Larger than minimum size or over 10:1 ratio Commercial revenue-generating

Seawall Exemptions

 Construction of seawall or riprap in artificially created waterway - No more fill than necessary -Constructed at the MHW line  Repair and replacement of seawalls or riprap -within one foot of existing (as measured wetface to wetface)  Construction of private vertical seawalls and riprap -connecting existing adjacent seawalls Proprietary Authorization : Consent by Rule- seawall repair Letter of Consent- new seawalls located at MHW *No filling of SSL

Boat Ramp Exemptions

-Regulatory -Associated Docks must be < or = 500 square feet -Navigational access must exist -Must be open to the public -< 30 feet wide -No more than 25 cubic yards of material severed -No return water from dredging Proprietary No proprietary approval is necessary – Proprietary does not apply to artificial water bodies

Other Exemptions

Maintenance Dredging  Existing man-made canals/artificial water bodies  Max. of -5 feet MLW, if no prior permit exists  No return of deleterious water Proprietary  No proprietary approval is necessary – proprietary does not apply to artificial water bodies (5) Transmission and Distribution Lines and Utility Poles (6) Repair, replacement of bridges

Floating vessel platforms (FVP) Statute 403.813(2)(s)

 Float at all times  Sole purpose to support vessel out of water when not in use  Not used to moor vessels in the water (no mooring cleats)  Not used for any commercial purpose  Wholly within previously permitted boat slip (size limited to size of slip)  If associated with exempt dock or permitted dock with no defined boat slip:  < 500 sq. ft. outside OFWs  < 200 sq. ft. inside OFWs

9 September 25, 2007

Exemption Review Process

 Department receives application  Application   Set of drawings $100 processing fee per exemption verification  30 Day Review process-Does it meet exemption criteria???

 Complete upon receipt-Issue within 30 days  Incomplete-Request for additional information sent to applicant

Exemptions

• Regulatory Review: • VERIFIED- with reference to what rule it meets • NOT VERIFIED-Department was not able to verify qualification of exemption criteria • Proprietary Review: • GRANTED- if on state lands • Consent by Rule • Letter of Consent • Letter of no objection • • NOT REQUIRED-if not on state lands PENDING-if proprietary is still being processed (Leases, Easements, Etc.) • Federal Review (State Programmatic General Permit (SPGP)) – GRANTED can grant Corps authorization – NOT GRANTED-can’t issue on behalf of Corps – NOT REQUIRED-out of Corps jurisdiction

MAJOR POINT

If a project is exempt from having to get an ERP permit or a proprietary consent by rule, then the applicant need not come to our Department......

New Self Certification

www.fldepportal.com

About the Online Business Portal

• Allows online application, payment and other services. • Gathers and integrates DEP’s existing online services in one place.

• • Provides new features to enhance and simplify online access.

Make DEP’s work more transparent.

• www.fldepportal.com

What are the benefits of Self Certification?

Helpful to Agents/Homeowners

• • • • Easy to use Obtain DEP and USCOE authorization together No waiting for time clocks Takes Less than 30 minutes

Helpful to DEP

• • • • • Essentially free to maintain Easy to teach (online process) Workload reduction DEP Case Managers can focus on other DEP applications Streamlining efforts

ESSA

Enterprise Self Service Authorization • • Department Wide Currently supports ERP & Waste Applications

Current Self Certification

• New Docks ONLY • Excluded Areas

New Self-Service Authorizations

  Receive an exemption for:  construction of a new single-family dock;  repair and replacement of a single-family dock;   installation of a boat lift at a single-family dock; and construction of a new single-family dock and installation of a boat lift. Receive a Noticed General Permit for installation of riprap along the face of an existing seawall.

Business Portal Homepage

Apply

Apply to Build

Apply - Build

Access DEP’s e-permitting application to apply to build the following online. The online application provides for payment of the permit fee online by credit card and emails the issued permit at the end of the application process.

• Boat Lift • Riprap Structure • Single Family Dock • Single Family Dock (Repair or Replace)

ESSA

• Register (owner or agent) • Enter your mailing address and project address • Verify location of project on aerial image • (Mapdirect) • ESSA determines • Excluded areas & COE authorization • Terms and conditions • Payment