Nothing in this paragraph shall prohibit the department from taking
appropriate enforcement action pursuant to this chapter to abate or prohibit
any activity otherwise exempt from permitting pursuant to this paragraph if
the department can demonstrate that the exempted activity has caused water
pollution in violation of this chapter.
(c) The installation and maintenance to design specifications of boat
ramps on artificial bodies of water where navigational access to the proposed
ramp exists or the installation of boat ramps open to the public in any waters
of the state where navigational access to the proposed ramp exists and where
the construction of the proposed ramp will be less than 30 feet wide and will
involve the removal of less than 25 cubic yards of material from the waters of
the state, and the maintenance to design specifications of such ramps;
however, the material to be removed shall be placed upon a self-contained
upland site so as to prevent the escape of the spoil material into the waters
of the state.
(d) The replacement or repair of existing docks, except that no fill
material is to be used and provided that the replacement or repaired dock is
in the same location and of the same configuration and dimensions as the dock
being replaced or repaired.
(e) The restoration of seawalls at their previous locations or upland
of, or within 1 foot waterward of, their previous locations. However, this
shall not affect the permitting requirements of chapter 161, and department
rules shall clearly indicate that this exception does not constitute an
exception from the permitting requirements of chapter 161.
(f) The performance of maintenance dredging of existing manmade
canals, channels, and intake and discharge structures where the spoil material
is to be removed and deposited on a self-contained, upland spoil site which
will prevent the escape of the spoil material into the waters of the state,
provided that no more dredging is to be performed than is necessary to restore
the canals, channels, and intake and discharge structures to original design
specifications and provided that control devices are utilized to prevent
turbidity and prevent toxic or deleterious substances from discharging into
adjacent waters during maintenance dredging. This exemption applies to all
canals constructed prior to April 3, 1970, and to those canals constructed on
or after April 3, 1970, pursuant to all necessary state permits. This
exemption does not apply to the removal of a natural or manmade barrier
separating a canal or canal system from adjacent waters. When no previous
permit has been issued by the Board of Trustees of the Internal Improvement
Trust Fund or the United States Army Corps of Engineers for construction or
maintenance dredging of the existing manmade canal or intake or discharge
structure, such maintenance dredging shall be limited to a depth of no more
than 5 feet below mean low water. The Board of Trustees of the Internal
Improvement Trust Fund may fix and recover from the permittee an amount equal
to the difference between the fair market value and the actual cost of the
maintenance dredging for material removed during such maintenance dredging.
However, no charge shall be exacted by the state for material removed during
such maintenance dredging by a public port authority. The removing party may
subsequently sell such material; however, proceeds from such sale that exceed
the costs of maintenance dredging shall be remitted to the state and deposited
in the Internal Improvement Trust Fund.
(g) The maintenance of existing insect control structures, dikes, and
irrigation and drainage ditches, provided that spoil material is deposited on
a self-contained, upland spoil site which will prevent the escape of the spoil
material into waters of the state. In the case of insect control structures,
if the cost of using a self-contained upland spoil site is so excessive, as
determined by the Department of Health and Rehabilitative Services, pursuant
to s. 403.088(1), that it will inhibit proposed insect control, then-existing
spoil sites or dikes may be used, upon notification to the department. In the
case of insect control where upland spoil sites are not used pursuant to this
exemption, turbidity control devices shall be used to confine the spoil
material discharge to that area previously disturbed when the receiving body
of water is used as a potable water supply, is designated as shellfish
harvesting waters, or functions as a habitat for commercially or
recreationally important shellfish or finfish. In all cases, no more dredging
is to be performed than is necessary to restore the dike or irrigation or
drainage ditch to its original design specifications.
(h) The repair or replacement of existing functional pipes or
culverts the purpose of which is the discharge or conveyance of stormwater.
In all cases, the invert elevation, the diameter, and the length of the
culvert shall not be changed. However, the material used for the culvert may
be different from the original.
(i) The construction of private docks and seawalls in artificially
created waterways where such construction will not violate existing water
quality standards, impede navigation, or affect flood control.
(j) The construction and maintenance of swales.
(k) The installation of aids to navigation and buoys associated with
such aids, provided the devices are marked pursuant to s. 327.40.
(l) The replacement or repair of existing open-trestle foot bridges
and vehicular bridges that are 100 feet or less in length and two lanes or
less in width, provided that no more dredging or filling of submerged lands is
performed other than that which is necessary to replace or repair pilings and
that the structure to be replaced or repaired is the same length, the same
configuration, and in the same location as the original bridge. No debris
from the original bridge shall be allowed to remain in the waters of the
state.
(m) The installation of subaqueous transmission and distribution
lines laid on, or embedded in, the bottoms of waters in the state, except in
Class I and Class II waters and aquatic preserves, provided no dredging or
filling is necessary.
(n) The replacement or repair of subaqueous transmission and
distribution lines laid on, or embedded in, the bottoms of waters of the
state.
(o) The construction of private seawalls in waters of the state where
such construction is between and adjoins at both ends existing seawalls,
follows a continuous and uniform seawall construction line with the existing
seawalls, is no more than 150 feet in length, and does not violate existing
water quality standards, impede navigation, or affect flood control. However,
this shall not affect the permitting requirements of chapter 161, and
department rules shall clearly indicate that this exception does not
constitute an exception from the permitting requirements of chapter 161.
(p) The restoration of existing insect control impoundment dikes
which are less than 100 feet in length. Such impoundments shall be connected
to tidally influenced waters for 6 months each year beginning September 1 and
ending February 28 if feasible or operated in accordance with an impoundment
management plan approved by the department. A dike restoration may involve no
more dredging than is necessary to restore the dike to its original design
specifications. For the purposes of this paragraph, restoration does not
include maintenance of impoundment dikes of operating insect control
impoundments.
(q) The construction, operation, or maintenance of stormwater
management facilities which are designed to serve single-family residential
projects, including duplexes, triplexes, and quadruplexes, if they are less
than 10 acres total land and have less than 2 acres of impervious surface and
if the facilities:
1. Comply with all regulations or ordinances applicable to
stormwater management and adopted by a city or county;
2. Are not part of a larger common plan of development or sale;
and
3. Discharge into a stormwater discharge facility exempted or
permitted by the department under this chapter which has sufficient capacity
and treatment capability as specified in this chapter and is owned,
maintained, or operated by a city, county, special district with drainage
responsibility, or water management district; however, this exemption does not
authorize discharge to a facility without the facility owner's prior written
consent.
(3) The provisions of subsection (2) are superseded by general
permits established pursuant to ss. 373.118 and 403.814 which include the same
activities. Until such time as general permits are established, or should
general permits be suspended or repealed, the exemptions under subsection (2)
shall remain or shall be reestablished in full force and
effect.
History: s. 7, ch. 75-22; s. 143, ch. 77-104; s. 4, ch. 78-98; s. 1, ch. 78-146;
s. 86, ch. 79-65; s. 1, ch. 80-44; s. 8, ch. 80-66; s. 3, ch. 82-80; s. 6, ch.
82-185; s. 65, ch. 83-218; s. 69, ch. 83-310; s. 43, ch. 84-338; s. 39, ch.
85-55; s. 12, ch. 86-138; s. 44, ch. 86-186; ss. 1, 3, ch.
89-324.