Florida Regulations 40E-1.615: Coordinated Agency Review Procedures for the Florida Keys Area of Critical State Concern
Current as of: 2024 | Check for updates
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(1) This rule applies to applications for environmental resource, surface water management, and water use permits for projects located in the Florida Keys Area of Critical State Concern when the applicant has elected coordinated agency review under Florida Statutes § 380.051
(2) The following coordinated agency review procedures apply to projects which are eligible for exemptions from District environmental resource and water use permitting requirements:
(a) No permit and no coordinated agency review participation by the District is required for the water uses exempted by Rule 40E-2.051 (Exemptions), F.A.C., or identified in Fl. Admin. Code R. 40E-2.061
(b) No permit and no coordinated agency review participation by the District is required for surface water management activities which are exempted by Rule 62-330.051 (Exempt Activities), F.A.C.
(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 (Consumptive Use), 62-330 and 40E-4 (Environmental Resource), F.A.C.:
(a) The Coordinated Review Application shall consist of the application information required by Rules 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), 40E-2.101 (Content of Application) or 62-330.060 (Content of Application), F.A.C.
(b) The District’s Coordinated Review process begins when the District receives the Coordinated Review Application from the Permit Coordinator as required by Florida Statutes § 380.051
(c) The District’s Coordinated Review process follows the permit review procedures set forth in Fl. Admin. Code R. 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent).
(d) If the applicant waives the time limits required by Chapter 120 and Florida Statutes § 380.051, the District shall delay initiation of substantive review until notice is received by electronic mail at the District’s e-Permitting website or in writing from the Permit Coordinator indicating that substantive review should begin. If the applicant does not waive the time limits, the District shall begin substantive review when the Coordinated Review Application is complete.
(e) The Certification of the Coordinated Review Application required by Section 380.051(2)(a), F.S., shall occur within 60 days after the District begins substantive review, and shall consist of the notice of proposed agency action together with the staff report on the individual permit pursuant to Section 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), F.A.C., which may recommend denial to the Governing Board, or approval, or approval with conditions to its designee.
(f) Certification concludes the coordinated agency review process. However, the applicant may complete the permit process as set forth in subsections 40E-1.603(6)-(11), F.A.C., which results in the Governing Board’s denial, or approval, or approval with conditions to its designee.
Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 380.051 FS. Law Implemented 373.4131, 380.051, 668.003, 668.004, 668.50 FS. History-New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14, 8-7-16.
(2) The following coordinated agency review procedures apply to projects which are eligible for exemptions from District environmental resource and water use permitting requirements:
(a) No permit and no coordinated agency review participation by the District is required for the water uses exempted by Rule 40E-2.051 (Exemptions), F.A.C., or identified in Fl. Admin. Code R. 40E-2.061
(b) No permit and no coordinated agency review participation by the District is required for surface water management activities which are exempted by Rule 62-330.051 (Exempt Activities), F.A.C.
(3) The following coordinated agency review procedures apply to projects which require permits pursuant to Chapters 40E-2 (Consumptive Use), 62-330 and 40E-4 (Environmental Resource), F.A.C.:
(a) The Coordinated Review Application shall consist of the application information required by Rules 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), 40E-2.101 (Content of Application) or 62-330.060 (Content of Application), F.A.C.
(b) The District’s Coordinated Review process begins when the District receives the Coordinated Review Application from the Permit Coordinator as required by Florida Statutes § 380.051
(c) The District’s Coordinated Review process follows the permit review procedures set forth in Fl. Admin. Code R. 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent).
(d) If the applicant waives the time limits required by Chapter 120 and Florida Statutes § 380.051, the District shall delay initiation of substantive review until notice is received by electronic mail at the District’s e-Permitting website or in writing from the Permit Coordinator indicating that substantive review should begin. If the applicant does not waive the time limits, the District shall begin substantive review when the Coordinated Review Application is complete.
(e) The Certification of the Coordinated Review Application required by Section 380.051(2)(a), F.S., shall occur within 60 days after the District begins substantive review, and shall consist of the notice of proposed agency action together with the staff report on the individual permit pursuant to Section 40E-1.603 (Application Procedures for Processing Permit Applications or Notices of Intent), F.A.C., which may recommend denial to the Governing Board, or approval, or approval with conditions to its designee.
(f) Certification concludes the coordinated agency review process. However, the applicant may complete the permit process as set forth in subsections 40E-1.603(6)-(11), F.A.C., which results in the Governing Board’s denial, or approval, or approval with conditions to its designee.
Rulemaking Authority 373.044, 373.113, 373.171, 373.4131, 380.051 FS. Law Implemented 373.4131, 380.051, 668.003, 668.004, 668.50 FS. History-New 9-22-87, Amended 10-3-95, 10-1-06, 12-1-11, 10-23-12, 10-1-13, 7-14-14, 8-7-16.