Bill Text: FL S0816 | 2019 | Regular Session | Comm Sub
Bill Title: Environmental Regulation
Spectrum: Bipartisan Bill
Status: (Vetoed) 2019-04-29 - Laid on Table [S0816 Detail]
Download: Florida-2019-S0816-Comm_Sub.html
Florida Senate - 2019 CS for SB 816 By the Committee on Environment and Natural Resources; and Senator Perry 592-03513-19 2019816c1 1 A bill to be entitled 2 An act relating to environmental regulation; amending 3 s. 403.706, F.S.; requiring counties and 4 municipalities to address the contamination of 5 recyclable material in specified contracts; 6 prohibiting counties and municipalities from requiring 7 the collection or transport of contaminated recyclable 8 material by residential recycling collectors; defining 9 the term “residential recycling collector”; specifying 10 required contract provisions in residential recycling 11 collector and materials recovery facility contracts 12 with counties and municipalities; amending s. 403.813, 13 F.S.; prohibiting a local government from requiring 14 from the Department of Environmental Protection 15 further verification for certain projects; revising 16 the types of dock and pier replacements and repairs 17 that are exempt from such verification and certain 18 permitting requirements; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Present subsection (22) of section 403.706, 23 Florida Statutes, is redesignated as subsection (23), and a new 24 subsection (22) is added to that section, to read: 25 403.706 Local government solid waste responsibilities.— 26 (22) Counties and municipalities must address the 27 contamination of recyclable material in contracts for the 28 collection, transportation, and processing of residential 29 recyclable material based upon all of the following: 30 (a) A residential recycling collector is not required to 31 collect or transport contaminated recyclable material, except 32 pursuant to a contract consistent with paragraph (c). As used in 33 this subsection, the term “residential recycling collector” 34 means a for-profit business entity that collects and transports 35 residential recyclable material on behalf of a county or 36 municipality. 37 (b) A recovered materials processing facility is not 38 required to process contaminated recyclable material, except 39 pursuant to a contract consistent with paragraph (d). 40 (c) Each contract between a residential recycling collector 41 and a county or municipality for the collection or transport of 42 residential recyclable material, and each request for proposal 43 or other solicitation for the collection of residential 44 recyclable material, must define the term “contaminated 45 recyclable material.” The term should be defined in a manner 46 that is appropriate for the local community, taking into 47 consideration available markets for recyclable material, 48 available waste composition studies, and other relevant factors. 49 The contract and request for proposal or other solicitation must 50 include: 51 1. The respective strategies and obligations of the county 52 or municipality and the residential recycling collector to 53 reduce the amount of contaminated recyclable material being 54 collected; 55 2. The procedures for identifying, documenting, managing, 56 and rejecting residential recycling containers, truck loads, 57 carts, or bins that contain contaminated recyclable material; 58 3. The remedies authorized to be used if a container, cart, 59 or bin contains contaminated recyclable material; and 60 4. The education and enforcement measures that will be used 61 to reduce the amount of contaminated recyclable material. 62 (d) Each contract between a recovered materials processing 63 facility and a county or municipality for processing residential 64 recyclable material, and each request for proposal or other 65 solicitation for processing residential recyclable material, 66 must define the term “contaminated recyclable material.” The 67 term should be defined in a manner that is appropriate for the 68 local community, taking into consideration available markets for 69 recyclable material, available waste composition studies, and 70 other relevant factors. The contract and request for proposal 71 must include: 72 1. The respective strategies and obligations of the county 73 or municipality and the facility to reduce the amount of 74 contaminated recyclable material being collected and processed; 75 2. The procedures for identifying, documenting, managing, 76 and rejecting residential recycling containers, truck loads, 77 carts, or bins that contain contaminated recyclable material; 78 and 79 3. The remedies authorized to be used if a container or 80 truck load contains contaminated recyclable material. 81 (e) This subsection applies to each contract between a 82 municipality or county and a residential recycling collector or 83 recovered materials processing facility executed or renewed 84 after October 1, 2019. 85 (f) This subsection applies only to the collection and 86 processing of material obtained from residential recycling 87 activities. As used in this subsection, the term “contaminated 88 recyclable material” refers only to recyclable material that is 89 comingled or mixed with solid waste or other nonhazardous 90 material. The term does not include contamination as that term 91 or a derivation of that term is used in chapter 376 and other 92 sections of chapter 403, including, but not limited to, 93 brownfield site cleanup, water quality remediation, drycleaning 94 solvent-contaminated site cleanup, petroleum-contaminated site 95 cleanup, cattle dipping vat site cleanup, or other hazardous 96 waste remediation. 97 Section 2. Subsection (1) of section 403.813, Florida 98 Statutes, is amended to read: 99 403.813 Permits issued at district centers; exceptions.— 100 (1) A permit is not required under this chapter, chapter 101 373, chapter 61-691, Laws of Florida, or chapter 25214 or 102 chapter 25270, 1949, Laws of Florida, and a local government may 103 not require a person claiming this exception to provide further 104 department verification, for activities associated with the 105 following types of projects; however, except as otherwise 106 provided in this subsection, this subsection does not relieve an 107 applicant from any requirement to obtain permission to use or 108 occupy lands owned by the Board of Trustees of the Internal 109 Improvement Trust Fund or a water management district in its 110 governmental or proprietary capacity or from complying with 111 applicable local pollution control programs authorized under 112 this chapter or other requirements of county and municipal 113 governments: 114 (a) The installation of overhead transmission lines, having 115withsupport structures thatwhichare not constructed in waters 116 of the state and which do not create a navigational hazard. 117 (b) The installation and repair of mooring pilings and 118 dolphins associated with private docking facilities or piers and 119 the installation of private docks, piers, and recreational 120 docking facilities, or piers and recreational docking facilities 121 of local governmental entities when the local governmental 122 entity’s activities will not take place in any manatee habitat, 123 any of which docks: 124 1. Has 500 square feet or less of over-water surface area 125 for a dockwhich islocated in an area designated as Outstanding 126 Florida Waters or 1,000 square feet or less of over-water 127 surface area for a dockwhich islocated in an area thatwhich128 is not designated as Outstanding Florida Waters; 129 2. Is constructed on or held in place by pilings or is a 130 floating dockwhich isconstructed so as not to involve filling 131 or dredging other than that necessary to install the pilings; 132 3. MayShallnot substantially impede the flow of water or 133 create a navigational hazard; 134 4. Is used for recreational, noncommercial activities 135 associated with the mooring or storage of boats and boat 136 paraphernalia; and 137 5. Is the sole dock constructed pursuant to this exemption 138 as measured along the shoreline for a distance of 65 feet, 139 unless the parcel of land or individual lot as platted is less 140 than 65 feet in length along the shoreline, in which case there 141 may be one exempt dock allowed per parcel or lot. 142 143Nothing inThis paragraph does notshallprohibit the department 144 from taking appropriate enforcement action pursuant to this 145 chapter to abate or prohibit any activity otherwise exempt from 146 permitting pursuant to this paragraph if the department can 147 demonstrate that the exempted activity has caused water 148 pollution in violation of this chapter. 149 (c) The installation and maintenance to design 150 specifications of boat ramps on artificial bodies of water where 151 navigational access to the proposed ramp exists or the 152 installation of boat ramps open to the public in any waters of 153 the state where navigational access to the proposed ramp exists 154 and where the construction of the proposed ramp will be less 155 than 30 feet wide and will involve the removal of less than 25 156 cubic yards of material from the waters of the state, and the 157 maintenance to design specifications of such ramps; however, the 158 material to be removed shall be placed upon a self-contained 159 upland site so as to prevent the escape of the spoil material 160 into the waters of the state. 161 (d) The replacement or repair of existing docks and piers, 162 except that fill material may not be used and the replacement or 163 repaired dock or pier must be within 5 feet of the same location 164 and no larger in size than the existing dock or pier, and no 165 additional aquatic resources may be adversely and permanently 166 impacted by such replacement or repairin the same location and167of the same configuration and dimensions as the dock or pier168being replaced or repaired. This does not preclude the use of 169 different construction materials or minor deviations to allow 170 upgrades to current structural and design standards. 171 (e) The restoration of seawalls at their previous locations 172 or upland of, or within 18 inches waterward of, their previous 173 locations. However, this mayshallnot affect the permitting 174 requirements of chapter 161, and department rules shall clearly 175 indicate that this exception does not constitute an exception 176 from the permitting requirements of chapter 161. 177 (f) The performance of maintenance dredging of existing 178 manmade canals, channels, intake and discharge structures, and 179 previously dredged portions of natural water bodies within 180 drainage rights-of-way or drainage easements which have been 181 recorded in the public records of the county, where the spoil 182 material is to be removed and deposited on a self-contained, 183 upland spoil site which will prevent the escape of the spoil 184 material into the waters of the state, provided that no more 185 dredging is to be performed than is necessary to restore the 186 canals, channels, and intake and discharge structures, and 187 previously dredged portions of natural water bodies, to original 188 design specifications or configurations, provided that the work 189 is conducted in compliance with s. 379.2431(2)(d), provided that 190 no significant impacts occur to previously undisturbed natural 191 areas, and provided that control devices for return flow and 192 best management practices for erosion and sediment control are 193 utilized to prevent bank erosion and scouring and to prevent 194 turbidity, dredged material, and toxic or deleterious substances 195 from discharging into adjacent waters during maintenance 196 dredging. Further, for maintenance dredging of previously 197 dredged portions of natural water bodies within recorded 198 drainage rights-of-way or drainage easements, an entity that 199 seeks an exemption must notify the department or water 200 management district, as applicable, at least 30 days before 201prior todredging and provide documentation of original design 202 specifications or configurations where such exist. This 203 exemption applies to all canals and previously dredged portions 204 of natural water bodies within recorded drainage rights-of-way 205 or drainage easements constructed beforeprior toApril 3, 1970, 206 and to those canals and previously dredged portions of natural 207 water bodies constructed on or after April 3, 1970, pursuant to 208 all necessary state permits. This exemption does not apply to 209 the removal of a natural or manmade barrier separating a canal 210 or canal system from adjacent waters. When no previous permit 211 has been issued by the Board of Trustees of the Internal 212 Improvement Trust Fund or the United States Army Corps of 213 Engineers for construction or maintenance dredging of the 214 existing manmade canal or intake or discharge structure, such 215 maintenance dredging shall be limited to a depth of no more than 216 5 feet below mean low water. The Board of Trustees of the 217 Internal Improvement Trust Fund may fix and recover from the 218 permittee an amount equal to the difference between the fair 219 market value and the actual cost of the maintenance dredging for 220 material removed during such maintenance dredging. However, no 221 charge shall be exacted by the state for material removed during 222 such maintenance dredging by a public port authority. The 223 removing party may subsequently sell such material; however, 224 proceeds from such sale that exceed the costs of maintenance 225 dredging shall be remitted to the state and deposited in the 226 Internal Improvement Trust Fund. 227 (g) The maintenance of existing insect control structures, 228 dikes, and irrigation and drainage ditches, provided that spoil 229 material is deposited on a self-contained, upland spoil site 230 which will prevent the escape of the spoil material into waters 231 of the state. In the case of insect control structures, if the 232 cost of using a self-contained upland spoil site is so 233 excessive, as determined by the Department of Health, pursuant 234 to s. 403.088(1), that it will inhibit proposed insect control, 235 then-existing spoil sites or dikes may be used, upon 236 notification to the department. In the case of insect control 237 where upland spoil sites are not used pursuant to this 238 exemption, turbidity control devices shall be used to confine 239 the spoil material discharge to that area previously disturbed 240 when the receiving body of water is used as a potable water 241 supply, is designated as shellfish harvesting waters, or 242 functions as a habitat for commercially or recreationally 243 important shellfish or finfish. In all cases, no more dredging 244 is to be performed than is necessary to restore the dike or 245 irrigation or drainage ditch to its original design 246 specifications. 247 (h) The repair or replacement of existing functional pipes 248 or culverts the purpose of which is the discharge or conveyance 249 of stormwater. In all cases, the invert elevation, the diameter, 250 and the length of the culvert mayshallnot be changed. However, 251 the material used for the culvert may be different from the 252 original. 253 (i) The construction of private docks of 1,000 square feet 254 or less of over-water surface area and seawalls in artificially 255 created waterways where such construction will not violate 256 existing water quality standards, impede navigation, or affect 257 flood control. This exemption does not apply to the construction 258 of vertical seawalls in estuaries or lagoons unless the proposed 259 construction is within an existing manmade canal where the 260 shoreline is currently occupied in whole or part by vertical 261 seawalls. 262 (j) The construction and maintenance of swales. 263 (k) The installation of aids to navigation and buoys 264 associated with such aids, provided the devices are marked 265 pursuant to s. 327.40. 266 (l) The replacement or repair of existing open-trestle foot 267 bridges and vehicular bridges that are 100 feet or less in 268 length and two lanes or less in width, provided that no more 269 dredging or filling of submerged lands is performed other than 270 that which is necessary to replace or repair pilings and that 271 the structure to be replaced or repaired is the same length, the 272 same configuration, and in the same location as the original 273 bridge. No debris from the original bridge shall be allowed to 274 remain in the waters of the state. 275 (m) The installation of subaqueous transmission and 276 distribution lines laid on, or embedded in, the bottoms of 277 waters in the state, except in Class I and Class II waters and 278 aquatic preserves, provided no dredging or filling is necessary. 279 (n) The replacement or repair of subaqueous transmission 280 and distribution lines laid on, or embedded in, the bottoms of 281 waters of the state. 282 (o) The construction of private seawalls in wetlands or 283 other surface waters where such construction is between and 284 adjoins at both ends existing seawalls; follows a continuous and 285 uniform seawall construction line with the existing seawalls; is 286 no more than 150 feet in length; and does not violate existing 287 water quality standards, impede navigation, or affect flood 288 control. However, in estuaries and lagoons the construction of 289 vertical seawalls is limited to the circumstances and purposes 290 stated in s. 373.414(5)(b)1.-4. This paragraph does not affect 291 the permitting requirements of chapter 161, and department rules 292 must clearly indicate that this exception does not constitute an 293 exception from the permitting requirements of chapter 161. 294 (p) The restoration of existing insect control impoundment 295 dikes which are less than 100 feet in length. Such impoundments 296 shall be connected to tidally influenced waters for 6 months 297 each year beginning September 1 and ending February 28 if 298 feasible or operated in accordance with an impoundment 299 management plan approved by the department. A dike restoration 300 may involve no more dredging than is necessary to restore the 301 dike to its original design specifications. For the purposes of 302 this paragraph, restoration does not include maintenance of 303 impoundment dikes of operating insect control impoundments. 304 (q) The construction, operation, or maintenance of 305 stormwater management facilities which are designed to serve 306 single-family residential projects, including duplexes, 307 triplexes, and quadruplexes, if they are less than 10 acres 308 total land and have less than 2 acres of impervious surface and 309 if the facilities: 310 1. Comply with all regulations or ordinances applicable to 311 stormwater management and adopted by a city or county; 312 2. Are not part of a larger common plan of development or 313 sale; and 314 3. Discharge into a stormwater discharge facility exempted 315 or permitted by the department under this chapter which has 316 sufficient capacity and treatment capability as specified in 317 this chapter and is owned, maintained, or operated by a city, 318 county, special district with drainage responsibility, or water 319 management district; however, this exemption does not authorize 320 discharge to a facility without the facility owner’s prior 321 written consent. 322 (r) The removal of aquatic plants, the removal of tussocks, 323 the associated replanting of indigenous aquatic plants, and the 324 associated removal from lakes of organic detrital material when 325 such planting or removal is performed and authorized by permit 326 or exemption granted under s. 369.20 or s. 369.25, provided 327 that: 328 1. Organic detrital material that exists on the surface of 329 natural mineral substrate shall be allowed to be removed to a 330 depth of 3 feet or to the natural mineral substrate, whichever 331 is less; 332 2. All material removed pursuant to this paragraph shall be 333 deposited in an upland site in a manner that will prevent the 334 reintroduction of the material into waters in the state except 335 when spoil material is permitted to be used to create wildlife 336 islands in freshwater bodies of the state when a governmental 337 entity is permitted pursuant to s. 369.20 to create such islands 338 as a part of a restoration or enhancement project; 339 3. All activities are performed in a manner consistent with 340 state water quality standards; and 341 4. No activities under this exemption are conducted in 342 wetland areas, as defined in s. 373.019(27), which are supported 343 by a natural soil as shown in applicable United States 344 Department of Agriculture county soil surveys, except when a 345 governmental entity is permitted pursuant to s. 369.20 to 346 conduct such activities as a part of a restoration or 347 enhancement project. 348 349 The department may not adopt implementing rules for this 350 paragraph, notwithstanding any other provision of law. 351 (s) The construction, installation, operation, or 352 maintenance of floating vessel platforms or floating boat lifts, 353 provided that such structures: 354 1. Float at all times in the water for the sole purpose of 355 supporting a vessel so that the vessel is out of the water when 356 not in use; 357 2. Are wholly contained within a boat slip previously 358 permitted under ss. 403.91-403.929, 1984 Supplement to the 359 Florida Statutes 1983, as amended, or part IV of chapter 373, or 360 do not exceed a combined total of 500 square feet, or 200 square 361 feet in an Outstanding Florida Water, when associated with a 362 dock that is exempt under this subsection or associated with a 363 permitted dock with no defined boat slip or attached to a 364 bulkhead on a parcel of land where there is no other docking 365 structure; 366 3. Are not used for any commercial purpose or for mooring 367 vessels that remain in the water when not in use, and do not 368 substantially impede the flow of water, create a navigational 369 hazard, or unreasonably infringe upon the riparian rights of 370 adjacent property owners, as defined in s. 253.141; 371 4. Are constructed and used so as to minimize adverse 372 impacts to submerged lands, wetlands, shellfish areas, aquatic 373 plant and animal species, and other biological communities, 374 including locating such structures in areas where seagrasses are 375 least dense adjacent to the dock or bulkhead; and 376 5. Are not constructed in areas specifically prohibited for 377 boat mooring under conditions of a permit issued in accordance 378 with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 379 1983, as amended, or part IV of chapter 373, or other form of 380 authorization issued by a local government. 381 382 Structures that qualify for this exemption are relieved from any 383 requirement to obtain permission to use or occupy lands owned by 384 the Board of Trustees of the Internal Improvement Trust Fund 385 and, with the exception of those structures attached to a 386 bulkhead on a parcel of land where there is no docking 387 structure, mayshallnot be subject to any more stringent 388 permitting requirements, registration requirements, or other 389 regulation by any local government. Local governments may 390 require either permitting or one-time registration of floating 391 vessel platforms to be attached to a bulkhead on a parcel of 392 land where there is no other docking structure as necessary to 393 ensure compliance with local ordinances, codes, or regulations. 394 Local governments may require either permitting or one-time 395 registration of all other floating vessel platforms as necessary 396 to ensure compliance with the exemption criteria in this 397 section; to ensure compliance with local ordinances, codes, or 398 regulations relating to building or zoning, which are no more 399 stringent than the exemption criteria in this section or address 400 subjects other than subjects addressed by the exemption criteria 401 in this section; and to ensure proper installation, maintenance, 402 and precautionary or evacuation action following a tropical 403 storm or hurricane watch of a floating vessel platform or 404 floating boat lift that is proposed to be attached to a bulkhead 405 or parcel of land where there is no other docking structure. The 406 exemption provided in this paragraph shall be in addition to the 407 exemption provided in paragraph (b). The department shall adopt 408 a general permit by rule for the construction, installation, 409 operation, or maintenance of those floating vessel platforms or 410 floating boat lifts that do not qualify for the exemption 411 provided in this paragraph but do not cause significant adverse 412 impacts to occur individually or cumulatively. The issuance of 413 such general permit shall also constitute permission to use or 414 occupy lands owned by the Board of Trustees of the Internal 415 Improvement Trust Fund. No local government shall impose a more 416 stringent regulation, permitting requirement, registration 417 requirement, or other regulation covered by such general permit. 418 Local governments may require either permitting or one-time 419 registration of floating vessel platforms as necessary to ensure 420 compliance with the general permit in this section; to ensure 421 compliance with local ordinances, codes, or regulations relating 422 to building or zoning that are no more stringent than the 423 general permit in this section; and to ensure proper 424 installation and maintenance of a floating vessel platform or 425 floating boat lift that is proposed to be attached to a bulkhead 426 or parcel of land where there is no other docking structure. 427 (t) The repair, stabilization, or paving of existing county 428 maintained roads and the repair or replacement of bridges that 429 are part of the roadway, within the Northwest Florida Water 430 Management District and the Suwannee River Water Management 431 District, provided: 432 1. The road and associated bridge were in existence and in 433 use as a public road or bridge, and were maintained by the 434 county as a public road or bridge on or before January 1, 2002; 435 2. The construction activity does not realign the road or 436 expand the number of existing traffic lanes of the existing 437 road; however, the work may include the provision of safety 438 shoulders, clearance of vegetation, and other work reasonably 439 necessary to repair, stabilize, pave, or repave the road, 440 provided that the work is constructed by generally accepted 441 engineering standards; 442 3. The construction activity does not expand the existing 443 width of an existing vehicular bridge in excess of that 444 reasonably necessary to properly connect the bridge with the 445 road being repaired, stabilized, paved, or repaved to safely 446 accommodate the traffic expected on the road, which may include 447 expanding the width of the bridge to match the existing 448 connected road. However, no debris from the original bridge 449 shall be allowed to remain in waters of the state, including 450 wetlands; 451 4. Best management practices for erosion control shall be 452 employed as necessary to prevent water quality violations; 453 5. Roadside swales or other effective means of stormwater 454 treatment must be incorporated as part of the project; 455 6. No more dredging or filling of wetlands or water of the 456 state is performed than that which is reasonably necessary to 457 repair, stabilize, pave, or repave the road or to repair or 458 replace the bridge, in accordance with generally accepted 459 engineering standards; and 460 7. Notice of intent to use the exemption is provided to the 461 department, if the work is to be performed within the Northwest 462 Florida Water Management District, or to the Suwannee River 463 Water Management District, if the work is to be performed within 464 the Suwannee River Water Management District, 30 days before 465prior toperforming any work under the exemption. 466 467 Within 30 days after this act becomes a law, the department 468 shall initiate rulemaking to adopt a no fee general permit for 469 the repair, stabilization, or paving of existing roads that are 470 maintained by the county and the repair or replacement of 471 bridges that are part of the roadway where such activities do 472 not cause significant adverse impacts to occur individually or 473 cumulatively. The general permit shall apply statewide and, with 474 no additional rulemaking required, apply to qualified projects 475 reviewed by the Suwannee River Water Management District, the 476 St. Johns River Water Management District, the Southwest Florida 477 Water Management District, and the South Florida Water 478 Management District under the division of responsibilities 479 contained in the operating agreements applicable to part IV of 480 chapter 373. Upon adoption, this general permit shall, pursuant 481 tothe provisions ofsubsection (2), supersede and replace the 482 exemption in this paragraph. 483 (u) Notwithstanding any provision to the contrary in this 484 subsection, a permit or other authorization under chapter 253, 485 chapter 369, chapter 373, or this chapter is not required for an 486 individual residential property owner for the removal of organic 487 detrital material from freshwater rivers or lakes that have a 488 natural sand or rocky substrate and that are not Aquatic 489 Preserves or for the associated removal and replanting of 490 aquatic vegetation for the purpose of environmental enhancement, 491 providing that: 492 1. No activities under this exemption are conducted in 493 wetland areas, as defined in s. 373.019(27), which are supported 494 by a natural soil as shown in applicable United States 495 Department of Agriculture county soil surveys. 496 2. No filling or peat mining is allowed. 497 3. No removal of native wetland trees, including, but not 498 limited to, ash, bay, cypress, gum, maple, or tupelo, occurs. 499 4. When removing organic detrital material, no portion of 500 the underlying natural mineral substrate or rocky substrate is 501 removed. 502 5. Organic detrital material and plant material removed is 503 deposited in an upland site in a manner that will not cause 504 water quality violations. 505 6. All activities are conducted in such a manner, and with 506 appropriate turbidity controls, so as to prevent any water 507 quality violations outside the immediate work area. 508 7. Replanting with a variety of aquatic plants native to 509 the state shall occur in a minimum of 25 percent of the 510 preexisting vegetated areas where organic detrital material is 511 removed, except for areas where the material is removed to bare 512 rocky substrate; however, an area may be maintained clear of 513 vegetation as an access corridor. The access corridor width may 514 not exceed 50 percent of the property owner’s frontage or 50 515 feet, whichever is less, and may be a sufficient length 516 waterward to create a corridor to allow access for a boat or 517 swimmer to reach open water. Replanting must be at a minimum 518 density of 2 feet on center and be completed within 90 days 519 after removal of existing aquatic vegetation, except that under 520 dewatered conditions replanting must be completed within 90 days 521 after reflooding. The area to be replanted must extend waterward 522 from the ordinary high water line to a point where normal water 523 depth would be 3 feet or the preexisting vegetation line, 524 whichever is less. Individuals are required to make a reasonable 525 effort to maintain planting density for a period of 6 months 526 after replanting is complete, and the plants, including 527 naturally recruited native aquatic plants, must be allowed to 528 expand and fill in the revegetation area. Native aquatic plants 529 to be used for revegetation must be salvaged from the 530 enhancement project site or obtained from an aquatic plant 531 nursery regulated by the Department of Agriculture and Consumer 532 Services. Plants that are not native to the state may not be 533 used for replanting. 534 8. No activity occurs any farther than 100 feet waterward 535 of the ordinary high water line, and all activities must be 536 designed and conducted in a manner that will not unreasonably 537 restrict or infringe upon the riparian rights of adjacent upland 538 riparian owners. 539 9. The person seeking this exemption notifies the 540 applicable department district office in writing at least 30 541 days before commencing work and allows the department to conduct 542 a preconstruction site inspection. Notice must include an 543 organic-detrital-material removal and disposal plan and, if 544 applicable, a vegetation-removal and revegetation plan. 545 10. The department is provided written certification of 546 compliance with the terms and conditions of this paragraph 547 within 30 days after completion of any activity occurring under 548 this exemption. 549 (v) Notwithstanding any other provision in this chapter, 550 chapter 373, or chapter 161, a permit or other authorization is 551 not required for the following exploratory activities associated 552 with beach restoration and nourishment projects and inlet 553 management activities: 554 1. The collection of geotechnical, geophysical, and 555 cultural resource data, including surveys, mapping, acoustic 556 soundings, benthic and other biologic sampling, and coring. 557 2. Oceanographic instrument deployment, including temporary 558 installation on the seabed of coastal and oceanographic data 559 collection equipment. 560 3. Incidental excavation associated with any of the 561 activities listed under subparagraph 1. or subparagraph 2. 562 Section 3. This act shall take effect October 1, 2019.