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

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

The 5 regulatory dock exemptions

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

Proprietary forms of authorization-Docks

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 repairLetter of Consent- new seawalls located

at MHW*No filling of SSL

Seawall 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

ProprietaryNo proprietary approval is necessary – Proprietary does not apply to artificial water bodies

Boat Ramp Exemptions

Maintenance DredgingExisting man-made canals/artificial water bodiesMax. of -5 feet MLW, if no prior permit existsNo return of deleterious water

ProprietaryNo proprietary approval is necessary – proprietary does not apply to artificial water bodies

Other Exemptions

(5) Transmission and Distribution Lines and Utility Poles

(6) Repair, replacement of bridges

9September 25, 2007

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

Float at all timesSole purpose to support vessel out of water when not in useNot used to moor vessels in the water (no mooring cleats)Not used for any commercial purposeWholly 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 500 sq. ft. outside OFWs<< 200 sq. ft. inside OFWs 200 sq. ft. inside OFWs

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

• 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

• Regulatory Review: • VERIFIED- with reference to what rule it

meets• NOT VERIFIED-Department was not able to

verify qualification of exemption criteria

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