|62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on, or over state-owned submerged lands, they are subject to a separate authorization under Chapters 253 and 258, F.S., and Chapters 18-18, 18-20, and 18-21, F.A.C., as applicable.
(1) Activities conducted in conformance with the District-specific exemptions in section 1.3 of Volume II applicable to the location of the activity.
(2) Activities conducted in conformance with the exemptions in Section 373.406, 373.4145(3), or 403.813(1), F.S.
(3) Aquatic Plant and Organic Detrital Control and Removal –
(a) Disking and tilling of exposed lake bottoms in accordance with a permit issued by the Florida Fish and Wildlife Conservation Commission or an exemption under Chapter 369, F.S.
(b) Organic detrital material removal in accordance with Section 403.813(1)(r) or (u), F.S.
(c) Aquatic plant control where the activity qualifies for an exemption authorized under Section 369.20, F.S., or in a permit from the Florida Fish and Wildlife Conservation Commission under Section 369.20 or 369.22, F.S.; and the harvested plant material is not disposed of in wetlands or other surface waters, or in a manner that adversely affects water quality or flood control.
(4) Bridges, Driveways, and Roadways –
(a) The replacement and repair of existing open-trestle foot bridges and vehicular bridges in accordance with Section 403.813(1)(l), F.S.
(b) Construction, alteration, or maintenance, and operation, of culverted driveway or roadway crossings and bridges of wholly artificial, non-navigable drainage conveyances, provided:
1. The construction project area does not exceed one acre and is for a discrete project that is not part of a larger plan of development that requires permitting under this chapter. However, these limitations shall not preclude use of this exemption to provide access to activities that qualify for the general permit in Section 403.814(12), F.S.;
2. The culvert or bridge shall be sized and installed to pass normal high water stages without causing adverse impacts to upstream or downstream property;
3. Culverts shall not be larger than one, 24-inch diameter pipe, or its hydraulic equivalent, and must not reduce the upstream hydraulic discharge capacity;
4. The crossing shall not:
a. Be longer than 30 feet from top-of-bank to top-of-bank;
b. Have a top width of more than 20 feet or a toe-to-toe width of more than 40 feet; and
c. Have side slopes steeper than 3 feet horizontal to 1 foot vertical;
5. There are no more than two crossings on any total land area, with a minimum distance of 500 feet between crossings;
6. If dewatering is performed, all temporary work and discharges must not cause flooding or impoundment, downstream siltation, erosion, or turbid discharges that violate state water quality standards;
7. Any temporary work shall be completely removed and all upstream and downstream areas that were disturbed shall be restored to pre-work grades, elevations and conditions; and
8. All work shall comply with subsection 62-330.050(9), F.A.C.
(c) Minor roadway safety construction, alteration, or maintenance, and operation, provided:
1. There is no work in wetlands other than those in drainage ditches constructed in uplands;
2. There is no alteration to a project previously permitted under Part IV of Chapter 373, F.S.; and
3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.; and
4. The work is limited to:
a. Sidewalks having a width of six feet or less;
b. Turn lanes less than 0.25 mile in length, and other safety-related intersection improvements; and
c. Road widening and shoulder paving that does not create additional traffic lanes and is necessary to meet current, generally accepted roadway design and safety standards.
(d) Resurfacing of existing paved roads, and grading of existing unpaved roads, provided
1. Travel lanes are not paved that are not already paved;
2. No substantive changes occur to existing road surface elevations, grades, or profiles; and
3. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(e) Repair, stabilization, or paving of existing unpaved roads, and the repair or replacement of vehicular bridges that are part of the unpaved road, where:
1. They were in existence on or before January 1, 2002, and have:
a. Been publicly-used and under county or municipal ownership and maintenance thereafter, including when they have been presumed to be dedicated in accordance with Section 95.361, F.S.;
b. Subsequently become county or municipally-owned and maintained; or
c. Subsequently become perpetually maintained by the county or municipality through such means as being accepted by the county or municipality as part of a Municipal Service Taxing Unit or Municipal Service Benefit Unit; and
2. The work does not realign the road or expand the number of traffic lanes of the existing road, but may include safety shoulders, clearing vegetation, and other work reasonably necessary to repair, stabilize, pave, or repave the road, provided that the work is constructed using generally accepted roadway design standards;
3. Existing bridges are not widened more than is reasonably necessary to properly connect the bridge with the road to match the width of the roadway travel lanes and safely accommodate the traffic expected.
4. No debris from the original bridge shall be allowed to remain in wetlands or other surface waters;
5. Roadside swales or other effective means of stormwater treatment are incorporated as part of the work;
6. No more dredging or filling of wetlands or water of the state is performed than is reasonably necessary to perform the work in accordance with generally accepted roadway design standards; and
7. Notice of intent to use this exemption is provided to the Agency 30 days before performing any work.
8. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(a) Installation or repair of pilings and dolphins associated with private docking facilities or piers that are exempt under Section 403.813(1)(b), F.S.;
(b) Installation of private docks, piers, and recreational docking facilities, and installation of local governmental piers and recreational docking facilities, in accordance with Section 403.813(1)(b), F.S. This includes associated structures such as boat shelters, boat lifts, and roofs, provided:
1. The cumulative square footage of all structures located over wetlands and other surface waters does not exceed the limitations in Section 403.813(1)(b), F.S.;
2. No structure is enclosed on more than three sides with walls and doors;
3. Structures are not used for residential habitation or commercial purposes, or storage of materials other than those associated with water dependent recreational use; and
4. Any dock and associated structure shall be the sole dock as measured along the shoreline for a minimum distance of 65 feet, unless the parcel of land or individual lot as platted is less than 65 feet in length along the shoreline, in which case there may be one exempt dock allowed per parcel or lot.
(c) Construction of private docks of 1,000 square feet or less of over-water surface area in artificial waters and residential canal systems in accordance with Section 403.813(1)(i), F.S.
(d) Replacement or repair of existing docks and piers, including mooring piles, in accordance with Section 403.813(1)(d), F.S., provided the existing structure is still functional or has been rendered non-functional within the last year by a discrete event, such as a storm, flood, accident, or fire.
(e) The construction and maintenance to design specifications of boat ramps in accordance with Section 403.813(1)(c), F.S., where navigational access to the proposed ramp currently exists:
1. In artificial waters and residential canal systems; or
2. In any wetland or other surface waters when the ramps are open to the public; and
3. The installation of docks associated with and adjoining boat ramps constructed as part of the above ramps is limited to an area of 500 square feet or less over wetlands and other surface waters.
(f) The construction, installation, operation, or maintenance of floating vessel platforms or floating boat lifts in accordance with Section 403.813(1)(s), F.S.
(g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided:
1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission;
2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and
3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work.
(6) Construction, alteration, maintenance, operation, and removal of freshwater fish attractors by the Florida Fish and Wildlife Conservation Commission, U.S. Forest Service, and county and municipal governments, provided:
1. The material is limited to clean concrete, rock, brush, logs, or trees;
2. The material is firmly anchored to the bottom of the waterbody;
3. The size of an individual fish attractor shall be limited to one quarter of an acre in area;
4. The top of the fish attractor shall be at least three feet below the water surface at mean annual low water;
5. The attractor shall be outside any posted navigational channels;
6. No material is placed on or in areas vegetated by native aquatic vegetation;
7. The site shall be marked with a buoy or buoys to ensure that no material is deposited outside of the site; and
8. The provisions of paragraph 62-330.050(9)(d), F.A.C., also shall apply to protect listed species during the work.
(7) Maintenance and Restoration ‒
(a) Maintenance dredging under Section 403.813(1)(f), F.S.
(b) Maintenance of insect control structures, dikes, and irrigation and drainage ditches under Section 403.813(1)(g), F.S.
(c) The restoration of existing insect control impoundment dikes, and the connection of such impoundments to tidally influenced waters under Section 403.813(1)(p), F.S., provided:
1. The restored section of dike is limited to 100 feet in length;
2. The connection shall provide sufficient cross-sectional area to allow beneficial tidal influence;
3. Dredging and filling are limited to that needed to restore the dike to original design specifications; and
4. The final elevation of the dredge area shall be within two feet of immediately adjacent bottom elevations.
(d) Alteration and maintenance of treatment or disposal systems under Rule 62-340.700, F.A.C.
(e) Construction and maintenance of swales in accordance with Section 403.813(1)(j), F.S.
(f) Placement of wooden, composite, metal, or other non-earthen construction mats to provide temporary access to maintain or repair projects within wetlands, provided:
1. There is no cutting or clearing of wetland trees having a diameter 4 inches (circumference of 12 inches) or greater at breast height;
2. The maximum width of the construction access area shall be 15 feet;
3. Mats shall be removed no more than 72 hours after they are placed; and
4. Areas disturbed for access shall be restored to natural grades immediately after the work is complete.
(g) Port dredging under Section 403.813(3), F.S.
(8) The installation of aids to navigation, including bridge fender piles, “No Wake” and similar regulatory signs, and buoys associated with such aids, in accordance with Section 403.813(1)(k), F.S.
(9) Pipes or Culverts ‒
(a) Repair or replacement, provided:
1. The pipes or culverts have equivalent hydraulic capacity to those being repaired or replaced;
2. The pipes or culverts function to discharge or convey stormwater, and are not associated with the repair, replacement, or alteration of a dam, spillway, or appurtenant works; and
3. Work is done in accordance with Section 403.813(1)(h), F.S.
(b) Construction, alteration, operation, maintenance, and removal of outfall pipes, together with associated headwalls, and energy dissipation baffles, rocks, and other scour-reduction devices at the outfall locations, provided:
1. The pipes extend less than 20 feet in, on, or over wetlands or other surface waters;
2. The outfall is part of an activity that is exempt under Part IV of Chapter 373, F.S., or qualifies for the general permit in Section 403.814(12), F.S.;
3. The outfall is designed to prevent erosion and scour;
4. Work in natural waterbodies, wetlands, and Outstanding Florida Waters is limited to 0.03 acre;
5. No activities occur in seagrasses;
6. Within waters accessible to manatees, submerged or partially submerged outfall pipes having a diameter larger than 8 inches shall have grating such that no opening is larger than 8-inches; and
7. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(c) The extension of existing culverts and crossing approaches when done to accommodate an activity that does not require a permit under this chapter, when:
1. Work in wetlands or other surface waters is limited to a total of 100 cubic yards of filling, excavation, dredging, and filling, and no more than 0.10 acre at any culvert extension or crossing approach location; and
2. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(10) The construction, alteration, maintenance, removal or abandonment of recreational paths for pedestrians, bicycles, and golf carts, provided the paths:
(a) Are not located in, on, or over wetlands or other surface waters;
(b) Have a width of eight feet or less for pedestrian paths, and 14 feet or less for multi-use recreational paths;
(c) Are not intended for use by motorized vehicles powered by internal combustion engines or electric-powered roadway vehicles, except when needed for maintenance or emergency purposes; and
(d) Comply with the limitations and restrictions in paragraph 62-330.050(9)(a), F.A.C.
(11) Sampling and Testing‒
(a) Collection of seagrass, macroalgae, and macrobenthos in accordance with the terms and conditions of a permit or license issued by the Florida Fish and Wildlife Conservation Commission.
(b) Construction, operation, maintenance, and removal of scientific sampling, measurement, and monitoring devices, provided:
1. The device’s purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording, biological observation and sampling, and water quality testing and improvement. Parshall flumes and other small weirs installed primarily to record water quantity and velocity are authorized, provided the amount of fill is limited to 25 cubic yards;
2. The device and any associated structures or fill, such as foundations, anchors, buoys, and lines, is removed to the maximum extent practicable at the end of sampling;
3. The site is restored to pre-construction conditions within 48 hours of complete use of the device.
4. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(c) An exemption for geotechnical, geophysical, and cultural resource data surveys, mapping, sounding, sampling, and coring associated with beach restoration and nourishment projects and inlet management activities is provided in Section 403.813(1)(v), F.S.
(12) Construction, Restoration, Enhancement, and Repair of Seawall, Riprap, and Other Shoreline Stabilization ‒
(a) Construction replacement, and repair of seawalls or riprap in artificial waters and residential canal systems under Section 403.813(1)(i), F.S., including only that backfilling needed to level the land behind seawalls or riprap.
(b) The restoration of a seawall or riprap under Section 403.813(1)(e), F.S., where:
1. The seawall or riprap has been damaged or destroyed within the last year by a discrete event, such as a storm, flood, accident, or fire or where the seawall or rip rap restoration or repair involves only minimal backfilling to level the land directly associated with the restoration or repair and does not involve land reclamation as the primary project purpose, as further explained in section 3.2.4 of Volume I;
2. Restoration shall be no more than 18 inches waterward of its previous location, as measured from the waterward face of the existing seawall to the face of the restored seawall, or from the waterward slope of the existing riprap to the waterward slope of the restored riprap;
3. Applicable permits under Chapter 161, F.S., are obtained.
(c) The construction of seawalls or riprap in wetlands or other surface waters between and adjoining existing seawalls or riprap at both ends in accordance with Section 403.813(1)(o), F.S.
(d) Installation of batter or king piles used exclusively to stabilize and repair seawalls, provided they do not impede navigation.
(e) Restoration of an eroding shoreline with native wetland vegetative enhancement plantings, provided:
1. The length of shoreline is 500 linear feet or less;
2. Plantings are native wetland plants appropriate for the site obtained from commercially-grown stock;
3. Plantings extend no farther than 10 feet waterward of the approximate mean high water line (MHWL);
4. All invasive and exotic vegetative species along the shoreline is removed in conjunction with the planting to the extent practicable;
5. If temporary wave attenuation is needed, turbidity curtains shall be installed and maintained in place parallel to the shoreline for a full growing season;
6. No fill is placed other than that needed to support the vegetative plantings, except that a “breakwater” is authorized to be established concurrent with the planting if permanent wave attenuation is required to maintain the shoreline vegetation, provided:
a. The inner toe of the “breakwater” extends no more than 10 feet waterward of the approximate MHWL, with a top height of no more than MHWL;
b. The “breakwater” is composed predominantly of natural oyster shell cultch (clean and fossilized oyster shell) or other stable, non-degradable materials such as oyster reef, reef balls, unconsolidated boulders, clean concrete rubble, rip rap, rock sills, or triangular concrete forms. Oyster shell cultch, if used, shall be enclosed in mesh bags having openings of no more than 3 inches, or securely fixed to matting prior to placement in the water. Oyster bags and mats must be anchored to prevent movement of shell from the project area;
c. The “breakwater” shall not be placed over, or within 3 feet (in any direction) of any submerged grassbed or existing emergent marsh vegetation;
d. The “breakwater” shall be placed in units so that there is a tidal channel of at least three feet wide located a minimum of every 20 feet along the “breakwater” so as to not substantially impede the flow of water;
e. All equipment used during construction shall be operated from, and be stored in uplands;
f. All work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(13) Single-Family Residences and Associated Residential Improvements ‒
(a) The construction, alteration, maintenance, removal, and abandonment of one, individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements, that:
1. Do not involve any work in wetlands or other surface waters;
2. Are not part of a larger common plan of development or sale requiring a permit or modification of a permit under Part IV of Chapter 373, F.S.;
3. Comply with the limitations and restrictions in paragraph 62-330.050(9)(a), F.A.C.
(b) The construction, alteration, maintenance, removal, and abandonment of one, individual single-family dwelling unit, duplex, triplex, or quadruplex, and associated residential improvements if it will be located:
1. Within the boundaries of a valid permit issued under Part IV of Chapter 373, F.S., and it was accounted for under the permit, or
2. Within the boundaries of a development that predates the applicable effective date for the permitting program established under Part IV of Chapter 373, F.S., provided the activity does not involve any work in wetlands or other surface waters.
(c) Construction, operation, or maintenance of a stormwater management facilities designed to serve single-family residential projects in conformance with Section 403.813(1)(q), F.S.
(14) Utilities ‒
(a) Installation of overhead transmission lines in accordance with Section 403.813(1)(a), F.S.
(b) Installation of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(m), F.S.
(c) Replacement or repair of subaqueous transmission and distribution lines in accordance with Section 403.813(1)(n), F.S.
(d) Activities necessary to preserve, restore, repair, remove, or replace an existing communication or utility pole or aerial transmission or distribution line, provided there is no dredging or filling in wetlands or other surface waters except to remove poles and replace them with new poles, and temporary mats needed to access the site in accordance with paragraph 62-330.051(7)(f), F.A.C. The activity must not increase the voltage of existing power lines or relocate existing poles or lines more than 10 feet in any direction from their original location.
(e) Installation, removal, and replacement of utility poles that support telecommunication lines or cables, or electric distribution lines of 35kV or less, together with the bases and anchoring devices to support those poles. “Anchoring device” shall mean steel guy wires fastened to the ground, without the need for dredging, and “base” shall mean a concrete or steel foundation not exceeding four feet in radius, used to support a utility pole. Work must comply with the following:
1. No more than 15 utility poles shall be installed, removed, or replaced in wetlands;
2. There shall be no permanent placement of fill other than utility poles and anchoring devices;
3. Work shall not occur in forested wetlands located within 550 feet from the mean or ordinary high water line of an Aquatic Preserve or a named waterbody designated as an Outstanding Florida Water or an Outstanding National Resource Water.
4. Vehicle usage in wetlands shall be conducted so as to minimize tire rutting and erosion impacts;
5. There shall be no dredging or filling to create fill pads or access roads, except to place temporary mats for access within the utility right-of-way in wetlands. All temporary mats shall be removed within 30 days after completion of the work.
6. Temporary disturbance to wetlands shall be limited to a length of 0.5 mile, a width of 30 feet, and a total area of 0.5 acre;
7. Maintenance of the utility right-of-way in wetlands shall be limited to a cleared corridor of up to 15 feet wide and a total area of 0.25 acre;
8. Except for the authorized permanent structures, pre-work ground elevations and contours shall be restored within 30 days of completion of the work;
9. Water jets shall not be used unless they are a pre-engineered part of the pole and the water for the jets is either recirculated on site or is discharged in a self-contained upland disposal site;
10. The installation of the utility poles and associated bases and anchoring devices shall not interfere with navigation or impede water flow in wetlands; and
11. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(f) Excavation or dredging of temporary trenches to install utilities such as communication cables, water lines, and electrical lines, provided:
1. Material is not deposited within wetlands or other surface waters other than that needed to backfill the trench to restore ground to pre-work grades;
2. Backfilling is completed within 24 hours of disturbance; and
3. Work is conducted in compliance with subsection 62-330.050(9), F.A.C.
(15) Modification or reconstruction of an existing conveyance system constructed prior to the need to obtain a permit under Part IV of Chapter 373, F.S., provided:
(a) The work is conducted by a city, county, state agency, or District;
(b) The system alteration is not intended to serve new development;
(c) The system does not:
1. Discharge directly to Outstanding Florida Waters;
2. Increase pollution loading;
3. Change points of discharge in a manner that would adversely affect the designated uses of wetlands or other surface waters;
4. Result in new adverse water quantity impacts to receiving waters and adjacent lands;
5. Pipe and fill wetlands and other surface waters, including irrigation or drainage ditches; and
6. Replace a functional treatment swale that was authorized under Chapter 62-25 or Part IV of Chapter 373, F.S.
(16) The construction, alteration, maintenance, or removal of wholly-owned, artificial surface waters that:
(a) Were created entirely from uplands;
(b) Are isolated such that they do not connect to any other wetlands or other surface waters;
(c) Involve no more than a total of 0.5 acre of work in wetlands or other surface waters within the artificial waterbody;
(d) Do not impound, or have the capability of impounding, more than 40 acre-feet of water;
(e) Do not involve of a dam or appurtenant work that has a height of more than 10 feet, as measured from the lowest elevation of the downstream toe to the dam crest;
(f) Were not created to provide mitigation under Part IV of Chapter 373, F.S.; and
(g) Were not permitted for stormwater treatment or management under Chapter 62-25, F.A.C., or Part IV of Chapter 373, F.S.
Rulemaking Authority 373.026(7), 373.043, 373.4131, 373.4145, 403.805(1) FS. Law Implemented 373.406, 373.4131, 373.4145, 373.415, 403.813(1) FS. History–New 10-1-13.