Florida Regulations 62-344.600: Procedures for Identifying and Reconciling Duplicative Permitting and Incorporating Stricter Local Standards
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If the Department determines to delegate all or a portion of the environmental resource permit program to a local government, the following procedures shall be followed to identify and reconcile duplicative permitting and incorporate stricter local standards.
(1) The Department shall determine, with assistance from the local government, which local standards are stricter than, or conflicting with, the Department’s and District’s environmental resource permit program rules. The Department shall determine which of these stricter standards are conflicting standards. The local government may continue to use stricter standards that are not conflicting standards.
(2) Any person applying for an environmental resource permit from the local government pursuant to the delegated environmental resource permit program must meet the permitting criteria of the environmental resource permit program rules and the local stricter standards to receive an environmental resource permit.
(3) The local government shall act on the delegated application or notice under Part IV of Florida Statutes Chapter 373, and its stricter standards within the time frames requiring agency action under Florida Statutes § 120.60, and Part IV of Florida Statutes Chapter 373
(4) A local government that receives delegation of all or a portion of the environmental resource permit program shall not require an applicant to obtain a corresponding separate local permit for those activities during the period the delegation is in effect, unless any of the following exist:
(a) A decision on the local permit cannot be made within the timeframes requiring agency action on the delegated environmental resource permit application or notice under Florida Statutes § 120.60, and Part IV of Florida Statutes Chapter 373;
(b) The local government otherwise would have required a permit for an activity that does not require a permit under Part IV of Florida Statutes Chapter 373, or
(c) The local government requires an individually-issued separate local permit for an activity that is otherwise authorized by a noticed general permit under the rules of the Department or District.
Rulemaking Authority Florida Statutes § 373.441(1). Law Implemented Florida Statutes § 373.441. History-New 8-29-95, Amended 8-7-12.
(1) The Department shall determine, with assistance from the local government, which local standards are stricter than, or conflicting with, the Department’s and District’s environmental resource permit program rules. The Department shall determine which of these stricter standards are conflicting standards. The local government may continue to use stricter standards that are not conflicting standards.
(2) Any person applying for an environmental resource permit from the local government pursuant to the delegated environmental resource permit program must meet the permitting criteria of the environmental resource permit program rules and the local stricter standards to receive an environmental resource permit.
(3) The local government shall act on the delegated application or notice under Part IV of Florida Statutes Chapter 373, and its stricter standards within the time frames requiring agency action under Florida Statutes § 120.60, and Part IV of Florida Statutes Chapter 373
(4) A local government that receives delegation of all or a portion of the environmental resource permit program shall not require an applicant to obtain a corresponding separate local permit for those activities during the period the delegation is in effect, unless any of the following exist:
(a) A decision on the local permit cannot be made within the timeframes requiring agency action on the delegated environmental resource permit application or notice under Florida Statutes § 120.60, and Part IV of Florida Statutes Chapter 373;
(b) The local government otherwise would have required a permit for an activity that does not require a permit under Part IV of Florida Statutes Chapter 373, or
(c) The local government requires an individually-issued separate local permit for an activity that is otherwise authorized by a noticed general permit under the rules of the Department or District.
Rulemaking Authority Florida Statutes § 373.441(1). Law Implemented Florida Statutes § 373.441. History-New 8-29-95, Amended 8-7-12.