Bill Text: FL S1308 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Regulation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2018-03-09 - Laid on Table, refer to CS/CS/HB 1149 [S1308 Detail]
Download: Florida-2018-S1308-Introduced.html
Bill Title: Environmental Regulation
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2018-03-09 - Laid on Table, refer to CS/CS/HB 1149 [S1308 Detail]
Download: Florida-2018-S1308-Introduced.html
Florida Senate - 2018 SB 1308 By Senator Perry 8-01279-18 20181308__ 1 A bill to be entitled 2 An act relating to environmental regulation; amending 3 s. 373.250, F.S.; deleting an obsolete provision; 4 providing examples of reclaimed water use that may 5 create an impact offset; revising the required 6 provisions of the water resource implementation rule; 7 amending s. 403.064, F.S.; revising legislative 8 findings; requiring the Department of Environmental 9 Protection and the water management districts to 10 develop and enter into a memorandum of agreement 11 providing for a coordinated review of any reclaimed 12 water project requiring a reclaimed water facility 13 permit, an underground injection control permit, and a 14 consumptive use permit; specifying the required 15 provisions of such memorandum; specifying the date by 16 which the memorandum must be developed and executed; 17 amending s. 403.706, F.S.; prohibiting counties and 18 municipalities from requiring the recycling of 19 contaminated recyclable material; providing that 20 counties, municipalities, and recyclable material 21 contractors are not required to collect, transport, or 22 process contaminated recyclable material; defining the 23 term “contaminated recyclable material”; providing 24 applicability; amending s. 403.813, F.S.; providing 25 that a local government may not require further 26 verification from the department for certain projects; 27 revising the types of dock and pier replacements and 28 repairs that are exempt from such verification and 29 certain permitting requirements; providing a directive 30 to the Division of Law Revision and Information; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Subsection (5) of section 373.250, Florida 36 Statutes, is amended to read: 37 373.250 Reuse of reclaimed water.— 38 (5)(a)No later than October 1, 2012, the department shall39initiate rulemaking to adopt revisions toThe water resource 40 implementation rule, as defined in s. 373.019(25), mustwhich41shallinclude: 42 1. Criteria for the use of a proposed impact offset derived 43 from the use of reclaimed water when a water management district 44 evaluates an application for a consumptive use permit. As used 45 in this subparagraph, the term “impact offset” means the use of 46 reclaimed water to reduce or eliminate a harmful impact that has 47 occurred or would otherwise occur as a result of other surface 48 water or groundwater withdrawals. Examples of reclaimed water 49 use that may create an impact offset include, but are not 50 limited to, the use of reclaimed water to: 51 a. Prevent or stop further saltwater intrusion; 52 b. Raise aquifer levels; 53 c. Improve the water quality of an aquifer; or 54 d. Augment surface water to increase the quantity of water 55 available for water supply. 56 2. Criteria for the use of substitution credits where a 57 water management district has adopted rules establishing 58 withdrawal limits from a specified water resource within a 59 defined geographic area. As used in this subparagraph, the term 60 “substitution credit” means the use of reclaimed water to 61 replace all or a portion of an existing permitted use of 62 resource-limited surface water or groundwater, allowing a 63 different user or use to initiate a withdrawal or increase its 64 withdrawal from the same resource-limited surface water or 65 groundwater source provided that the withdrawal creates no net 66 adverse impact on the limited water resource or creates a net 67 positive impact if required by water management district rule as 68 part of a strategy to protect or recover a water resource. 69 3. Criteria by which an impact offset or substitution 70 credit may be applied to the issuance, renewal, or extension of 71 the utility’s or another user’s consumptive use permit or may be 72 used to address additional water resource constraints imposed 73 through the adoption of a recovery or prevention strategy under 74 s. 373.0421. 75 (b) Within 60 days after the final adoption by the 76 department of the revisions to the water resource implementation 77 rule required under paragraph (a), each water management 78 district mustshallinitiate rulemaking to incorporate those 79 revisions by reference into the rules of the district. 80 Section 2. Subsection (1) of section 403.064, Florida 81 Statutes, is amended, and subsection (17) is added to that 82 section, to read: 83 403.064 Reuse of reclaimed water.— 84 (1) The encouragement and promotion of water conservation, 85 and reuse of reclaimed water, as defined by the department, are 86 state objectives and are considered to be in the public 87 interest. The Legislature finds that the reuse of reclaimed 88 water, including reuse through aquifer recharge, is a critical 89 component of meeting the state’s existing and future water 90 supply needs while sustaining natural systems. The Legislature 91 further finds that for those wastewater treatment plants 92 permitted and operated under an approved reuse program by the 93 department, the reclaimed water shall be considered 94 environmentally acceptable and not a threat to public health and 95 safety. The Legislature encourages the development of incentive 96 based programs for reuse implementation. 97 (17) The department and the water management districts 98 shall develop and enter into a memorandum of agreement providing 99 for a coordinated review of any reclaimed water project 100 requiring a reclaimed water facility permit, an underground 101 injection control permit, and a consumptive use permit. The 102 memorandum of agreement must provide that the coordinated review 103 is performed only if the applicant for such permits requests a 104 coordinated review. The goal of the coordinated review is to 105 share information, avoid requesting the applicant to submit 106 redundant information, and ensure, to the extent feasible, a 107 harmonized review of the reclaimed water project under these 108 various permitting programs, including the use of a proposed 109 impact offset or substitution credit in accordance with s. 110 373.250(5). The department and the water management districts 111 must develop and execute such memorandum of agreement no later 112 than December 1, 2018. 113 Section 3. Present subsection (22) of section 403.706, 114 Florida Statutes, is renumbered as subsection (23), and a new 115 subsection (22) is added to that section, to read: 116 403.706 Local government solid waste responsibilities.— 117 (22) Upon the effective date of this act and except as 118 provided in paragraph (d): 119 (a) A county or municipality may not require the recycling 120 of contaminated recyclable material. 121 (b) A county, municipality, or recyclable material 122 contractor is not required to collect, transport, or process 123 contaminated recyclable material. 124 (c) As used in this subsection, the term “contaminated 125 recyclable material” means recyclable material having 15 percent 126 or more, measured by weight or volume, of municipal solid waste 127 or nonrecyclable material comingled with recyclable material. 128 (d) This subsection does not apply to a contract between a 129 county or municipality and a recyclable material contractor for 130 the collection, transportation, or processing of recyclable 131 material that includes stated terms allowing contamination 132 percentages of 15 percent or more and that was executed before 133 the effective date of this act. This exclusion continues until 134 the remaining term of the existing contract expires or until 135 July 1, 2023, whichever occurs first. 136 Section 4. Subsection (1) of section 403.813, Florida 137 Statutes, is amended to read: 138 403.813 Permits issued at district centers; exceptions.— 139 (1) A permit is not required under this chapter, chapter 140 373, chapter 61-691, Laws of Florida, or chapter 25214 or 141 chapter 25270, 1949, Laws of Florida, and a local government may 142 not require further verification from the department, for 143 activities associated with the following types of projects; 144 however, except as otherwise provided in this subsection, this 145 subsection does not relieve an applicant from any requirement to 146 obtain permission to use or occupy lands owned by the Board of 147 Trustees of the Internal Improvement Trust Fund or a water 148 management district in its governmental or proprietary capacity 149 or from complying with applicable local pollution control 150 programs authorized under this chapter or other requirements of 151 county and municipal governments: 152 (a) The installation of overhead transmission lines, having 153withsupport structures thatwhichare not constructed in waters 154 of the state and which do not create a navigational hazard. 155 (b) The installation and repair of mooring pilings and 156 dolphins associated with private docking facilities or piers and 157 the installation of private docks, piers, and recreational 158 docking facilities, or piers and recreational docking facilities 159 of local governmental entities when the local governmental 160 entity’s activities will not take place in any manatee habitat, 161 any of which docks: 162 1. Has 500 square feet or less of over-water surface area 163 for a dockwhich islocated in an area designated as Outstanding 164 Florida Waters or 1,000 square feet or less of over-water 165 surface area for a dockwhich islocated in an area thatwhich166 is not designated as Outstanding Florida Waters; 167 2. Is constructed on or held in place by pilings or is a 168 floating dockwhich isconstructed so as not to involve filling 169 or dredging other than that necessary to install the pilings; 170 3. MayShallnot substantially impede the flow of water or 171 create a navigational hazard; 172 4. Is used for recreational, noncommercial activities 173 associated with the mooring or storage of boats and boat 174 paraphernalia; and 175 5. Is the sole dock constructed pursuant to this exemption 176 as measured along the shoreline for a distance of 65 feet, 177 unless the parcel of land or individual lot as platted is less 178 than 65 feet in length along the shoreline, in which case there 179 may be one exempt dock allowed per parcel or lot. 180 181Nothing inThis paragraph does notshallprohibit the department 182 from taking appropriate enforcement action pursuant to this 183 chapter to abate or prohibit any activity otherwise exempt from 184 permitting pursuant to this paragraph if the department can 185 demonstrate that the exempted activity has caused water 186 pollution in violation of this chapter. 187 (c) The installation and maintenance to design 188 specifications of boat ramps on artificial bodies of water where 189 navigational access to the proposed ramp exists or the 190 installation of boat ramps open to the public in any waters of 191 the state where navigational access to the proposed ramp exists 192 and where the construction of the proposed ramp will be less 193 than 30 feet wide and will involve the removal of less than 25 194 cubic yards of material from the waters of the state, and the 195 maintenance to design specifications of such ramps; however, the 196 material to be removed shall be placed upon a self-contained 197 upland site so as to prevent the escape of the spoil material 198 into the waters of the state. 199 (d) The replacement or repair of existing docks and piers, 200 except that fill material may not be used and the replacement or 201 repaired dock or pier must be in approximately the same location 202 and no larger in size than the existing dock or pier, and no 203 additional aquatic resources may be adversely and permanently 204 impacted by such replacement or repairthe same location and of205the same configuration and dimensions as the dock or pier being206replaced or repaired. This does not preclude the use of 207 different construction materials or minor deviations to allow 208 upgrades to current structural and design standards. 209 (e) The restoration of seawalls at their previous locations 210 or upland of, or within 18 inches waterward of, their previous 211 locations. However, this mayshallnot affect the permitting 212 requirements of chapter 161, and department rules shall clearly 213 indicate that this exception does not constitute an exception 214 from the permitting requirements of chapter 161. 215 (f) The performance of maintenance dredging of existing 216 manmade canals, channels, intake and discharge structures, and 217 previously dredged portions of natural water bodies within 218 drainage rights-of-way or drainage easements which have been 219 recorded in the public records of the county, where the spoil 220 material is to be removed and deposited on a self-contained, 221 upland spoil site which will prevent the escape of the spoil 222 material into the waters of the state, provided that no more 223 dredging is to be performed than is necessary to restore the 224 canals, channels, and intake and discharge structures, and 225 previously dredged portions of natural water bodies, to original 226 design specifications or configurations, provided that the work 227 is conducted in compliance with s. 379.2431(2)(d), provided that 228 no significant impacts occur to previously undisturbed natural 229 areas, and provided that control devices for return flow and 230 best management practices for erosion and sediment control are 231 utilized to prevent bank erosion and scouring and to prevent 232 turbidity, dredged material, and toxic or deleterious substances 233 from discharging into adjacent waters during maintenance 234 dredging. Further, for maintenance dredging of previously 235 dredged portions of natural water bodies within recorded 236 drainage rights-of-way or drainage easements, an entity that 237 seeks an exemption must notify the department or water 238 management district, as applicable, at least 30 days before 239prior todredging and provide documentation of original design 240 specifications or configurations where such exist. This 241 exemption applies to all canals and previously dredged portions 242 of natural water bodies within recorded drainage rights-of-way 243 or drainage easements constructed beforeprior toApril 3, 1970, 244 and to those canals and previously dredged portions of natural 245 water bodies constructed on or after April 3, 1970, pursuant to 246 all necessary state permits. This exemption does not apply to 247 the removal of a natural or manmade barrier separating a canal 248 or canal system from adjacent waters. When no previous permit 249 has been issued by the Board of Trustees of the Internal 250 Improvement Trust Fund or the United States Army Corps of 251 Engineers for construction or maintenance dredging of the 252 existing manmade canal or intake or discharge structure, such 253 maintenance dredging shall be limited to a depth of no more than 254 5 feet below mean low water. The Board of Trustees of the 255 Internal Improvement Trust Fund may fix and recover from the 256 permittee an amount equal to the difference between the fair 257 market value and the actual cost of the maintenance dredging for 258 material removed during such maintenance dredging. However, no 259 charge shall be exacted by the state for material removed during 260 such maintenance dredging by a public port authority. The 261 removing party may subsequently sell such material; however, 262 proceeds from such sale that exceed the costs of maintenance 263 dredging shall be remitted to the state and deposited in the 264 Internal Improvement Trust Fund. 265 (g) The maintenance of existing insect control structures, 266 dikes, and irrigation and drainage ditches, provided that spoil 267 material is deposited on a self-contained, upland spoil site 268 which will prevent the escape of the spoil material into waters 269 of the state. In the case of insect control structures, if the 270 cost of using a self-contained upland spoil site is so 271 excessive, as determined by the Department of Health, pursuant 272 to s. 403.088(1), that it will inhibit proposed insect control, 273 then-existing spoil sites or dikes may be used, upon 274 notification to the department. In the case of insect control 275 where upland spoil sites are not used pursuant to this 276 exemption, turbidity control devices shall be used to confine 277 the spoil material discharge to that area previously disturbed 278 when the receiving body of water is used as a potable water 279 supply, is designated as shellfish harvesting waters, or 280 functions as a habitat for commercially or recreationally 281 important shellfish or finfish. In all cases, no more dredging 282 is to be performed than is necessary to restore the dike or 283 irrigation or drainage ditch to its original design 284 specifications. 285 (h) The repair or replacement of existing functional pipes 286 or culverts the purpose of which is the discharge or conveyance 287 of stormwater. In all cases, the invert elevation, the diameter, 288 and the length of the culvert mayshallnot be changed. However, 289 the material used for the culvert may be different from the 290 original. 291 (i) The construction of private docks of 1,000 square feet 292 or less of over-water surface area and seawalls in artificially 293 created waterways where such construction will not violate 294 existing water quality standards, impede navigation, or affect 295 flood control. This exemption does not apply to the construction 296 of vertical seawalls in estuaries or lagoons unless the proposed 297 construction is within an existing manmade canal where the 298 shoreline is currently occupied in whole or part by vertical 299 seawalls. 300 (j) The construction and maintenance of swales. 301 (k) The installation of aids to navigation and buoys 302 associated with such aids, provided the devices are marked 303 pursuant to s. 327.40. 304 (l) The replacement or repair of existing open-trestle foot 305 bridges and vehicular bridges that are 100 feet or less in 306 length and two lanes or less in width, provided that no more 307 dredging or filling of submerged lands is performed other than 308 that which is necessary to replace or repair pilings and that 309 the structure to be replaced or repaired is the same length, the 310 same configuration, and in the same location as the original 311 bridge. No debris from the original bridge shall be allowed to 312 remain in the waters of the state. 313 (m) The installation of subaqueous transmission and 314 distribution lines laid on, or embedded in, the bottoms of 315 waters in the state, except in Class I and Class II waters and 316 aquatic preserves, provided no dredging or filling is necessary. 317 (n) The replacement or repair of subaqueous transmission 318 and distribution lines laid on, or embedded in, the bottoms of 319 waters of the state. 320 (o) The construction of private seawalls in wetlands or 321 other surface waters where such construction is between and 322 adjoins at both ends existing seawalls; follows a continuous and 323 uniform seawall construction line with the existing seawalls; is 324 no more than 150 feet in length; and does not violate existing 325 water quality standards, impede navigation, or affect flood 326 control. However, in estuaries and lagoons the construction of 327 vertical seawalls is limited to the circumstances and purposes 328 stated in s. 373.414(5)(b)1.-4. This paragraph does not affect 329 the permitting requirements of chapter 161, and department rules 330 must clearly indicate that this exception does not constitute an 331 exception from the permitting requirements of chapter 161. 332 (p) The restoration of existing insect control impoundment 333 dikes which are less than 100 feet in length. Such impoundments 334 shall be connected to tidally influenced waters for 6 months 335 each year beginning September 1 and ending February 28 if 336 feasible or operated in accordance with an impoundment 337 management plan approved by the department. A dike restoration 338 may involve no more dredging than is necessary to restore the 339 dike to its original design specifications. For the purposes of 340 this paragraph, restoration does not include maintenance of 341 impoundment dikes of operating insect control impoundments. 342 (q) The construction, operation, or maintenance of 343 stormwater management facilities which are designed to serve 344 single-family residential projects, including duplexes, 345 triplexes, and quadruplexes, if they are less than 10 acres 346 total land and have less than 2 acres of impervious surface and 347 if the facilities: 348 1. Comply with all regulations or ordinances applicable to 349 stormwater management and adopted by a city or county; 350 2. Are not part of a larger common plan of development or 351 sale; and 352 3. Discharge into a stormwater discharge facility exempted 353 or permitted by the department under this chapter which has 354 sufficient capacity and treatment capability as specified in 355 this chapter and is owned, maintained, or operated by a city, 356 county, special district with drainage responsibility, or water 357 management district; however, this exemption does not authorize 358 discharge to a facility without the facility owner’s prior 359 written consent. 360 (r) The removal of aquatic plants, the removal of tussocks, 361 the associated replanting of indigenous aquatic plants, and the 362 associated removal from lakes of organic detrital material when 363 such planting or removal is performed and authorized by permit 364 or exemption granted under s. 369.20 or s. 369.25, provided 365 that: 366 1. Organic detrital material that exists on the surface of 367 natural mineral substrate shall be allowed to be removed to a 368 depth of 3 feet or to the natural mineral substrate, whichever 369 is less; 370 2. All material removed pursuant to this paragraph shall be 371 deposited in an upland site in a manner that will prevent the 372 reintroduction of the material into waters in the state except 373 when spoil material is permitted to be used to create wildlife 374 islands in freshwater bodies of the state when a governmental 375 entity is permitted pursuant to s. 369.20 to create such islands 376 as a part of a restoration or enhancement project; 377 3. All activities are performed in a manner consistent with 378 state water quality standards; and 379 4. No activities under this exemption are conducted in 380 wetland areas, as defined in s. 373.019(27), which are supported 381 by a natural soil as shown in applicable United States 382 Department of Agriculture county soil surveys, except when a 383 governmental entity is permitted pursuant to s. 369.20 to 384 conduct such activities as a part of a restoration or 385 enhancement project. 386 387 The department may not adopt implementing rules for this 388 paragraph, notwithstanding any other provision of law. 389 (s) The construction, installation, operation, or 390 maintenance of floating vessel platforms or floating boat lifts, 391 provided that such structures: 392 1. Float at all times in the water for the sole purpose of 393 supporting a vessel so that the vessel is out of the water when 394 not in use; 395 2. Are wholly contained within a boat slip previously 396 permitted under ss. 403.91-403.929, 1984 Supplement to the 397 Florida Statutes 1983, as amended, or part IV of chapter 373, or 398 do not exceed a combined total of 500 square feet, or 200 square 399 feet in an Outstanding Florida Water, when associated with a 400 dock that is exempt under this subsection or associated with a 401 permitted dock with no defined boat slip or attached to a 402 bulkhead on a parcel of land where there is no other docking 403 structure; 404 3. Are not used for any commercial purpose or for mooring 405 vessels that remain in the water when not in use, and do not 406 substantially impede the flow of water, create a navigational 407 hazard, or unreasonably infringe upon the riparian rights of 408 adjacent property owners, as defined in s. 253.141; 409 4. Are constructed and used so as to minimize adverse 410 impacts to submerged lands, wetlands, shellfish areas, aquatic 411 plant and animal species, and other biological communities, 412 including locating such structures in areas where seagrasses are 413 least dense adjacent to the dock or bulkhead; and 414 5. Are not constructed in areas specifically prohibited for 415 boat mooring under conditions of a permit issued in accordance 416 with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes 417 1983, as amended, or part IV of chapter 373, or other form of 418 authorization issued by a local government. 419 420 Structures that qualify for this exemption are relieved from any 421 requirement to obtain permission to use or occupy lands owned by 422 the Board of Trustees of the Internal Improvement Trust Fund 423 and, with the exception of those structures attached to a 424 bulkhead on a parcel of land where there is no docking 425 structure, mayshallnot be subject to any more stringent 426 permitting requirements, registration requirements, or other 427 regulation by any local government. Local governments may 428 require either permitting or one-time registration of floating 429 vessel platforms to be attached to a bulkhead on a parcel of 430 land where there is no other docking structure as necessary to 431 ensure compliance with local ordinances, codes, or regulations. 432 Local governments may require either permitting or one-time 433 registration of all other floating vessel platforms as necessary 434 to ensure compliance with the exemption criteria in this 435 section; to ensure compliance with local ordinances, codes, or 436 regulations relating to building or zoning, which are no more 437 stringent than the exemption criteria in this section or address 438 subjects other than subjects addressed by the exemption criteria 439 in this section; and to ensure proper installation, maintenance, 440 and precautionary or evacuation action following a tropical 441 storm or hurricane watch of a floating vessel platform or 442 floating boat lift that is proposed to be attached to a bulkhead 443 or parcel of land where there is no other docking structure. The 444 exemption provided in this paragraph shall be in addition to the 445 exemption provided in paragraph (b). The department shall adopt 446 a general permit by rule for the construction, installation, 447 operation, or maintenance of those floating vessel platforms or 448 floating boat lifts that do not qualify for the exemption 449 provided in this paragraph but do not cause significant adverse 450 impacts to occur individually or cumulatively. The issuance of 451 such general permit shall also constitute permission to use or 452 occupy lands owned by the Board of Trustees of the Internal 453 Improvement Trust Fund. No local government shall impose a more 454 stringent regulation, permitting requirement, registration 455 requirement, or other regulation covered by such general permit. 456 Local governments may require either permitting or one-time 457 registration of floating vessel platforms as necessary to ensure 458 compliance with the general permit in this section; to ensure 459 compliance with local ordinances, codes, or regulations relating 460 to building or zoning that are no more stringent than the 461 general permit in this section; and to ensure proper 462 installation and maintenance of a floating vessel platform or 463 floating boat lift that is proposed to be attached to a bulkhead 464 or parcel of land where there is no other docking structure. 465 (t) The repair, stabilization, or paving of existing county 466 maintained roads and the repair or replacement of bridges that 467 are part of the roadway, within the Northwest Florida Water 468 Management District and the Suwannee River Water Management 469 District, provided: 470 1. The road and associated bridge were in existence and in 471 use as a public road or bridge, and were maintained by the 472 county as a public road or bridge on or before January 1, 2002; 473 2. The construction activity does not realign the road or 474 expand the number of existing traffic lanes of the existing 475 road; however, the work may include the provision of safety 476 shoulders, clearance of vegetation, and other work reasonably 477 necessary to repair, stabilize, pave, or repave the road, 478 provided that the work is constructed by generally accepted 479 engineering standards; 480 3. The construction activity does not expand the existing 481 width of an existing vehicular bridge in excess of that 482 reasonably necessary to properly connect the bridge with the 483 road being repaired, stabilized, paved, or repaved to safely 484 accommodate the traffic expected on the road, which may include 485 expanding the width of the bridge to match the existing 486 connected road. However, no debris from the original bridge 487 shall be allowed to remain in waters of the state, including 488 wetlands; 489 4. Best management practices for erosion control shall be 490 employed as necessary to prevent water quality violations; 491 5. Roadside swales or other effective means of stormwater 492 treatment must be incorporated as part of the project; 493 6. No more dredging or filling of wetlands or water of the 494 state is performed than that which is reasonably necessary to 495 repair, stabilize, pave, or repave the road or to repair or 496 replace the bridge, in accordance with generally accepted 497 engineering standards; and 498 7. Notice of intent to use the exemption is provided to the 499 department, if the work is to be performed within the Northwest 500 Florida Water Management District, or to the Suwannee River 501 Water Management District, if the work is to be performed within 502 the Suwannee River Water Management District, 30 days before 503prior toperforming any work under the exemption. 504 505 Within 30 days after this act becomes a law, the department 506 shall initiate rulemaking to adopt a no fee general permit for 507 the repair, stabilization, or paving of existing roads that are 508 maintained by the county and the repair or replacement of 509 bridges that are part of the roadway where such activities do 510 not cause significant adverse impacts to occur individually or 511 cumulatively. The general permit shall apply statewide and, with 512 no additional rulemaking required, apply to qualified projects 513 reviewed by the Suwannee River Water Management District, the 514 St. Johns River Water Management District, the Southwest Florida 515 Water Management District, and the South Florida Water 516 Management District under the division of responsibilities 517 contained in the operating agreements applicable to part IV of 518 chapter 373. Upon adoption, this general permit shall, pursuant 519 totheprovisions ofsubsection (2), supersede and replace the 520 exemption in this paragraph. 521 (u) Notwithstanding any provision to the contrary in this 522 subsection, a permit or other authorization under chapter 253, 523 chapter 369, chapter 373, or this chapter is not required for an 524 individual residential property owner for the removal of organic 525 detrital material from freshwater rivers or lakes that have a 526 natural sand or rocky substrate and that are not Aquatic 527 Preserves or for the associated removal and replanting of 528 aquatic vegetation for the purpose of environmental enhancement, 529 providing that: 530 1. No activities under this exemption are conducted in 531 wetland areas, as defined in s. 373.019(27), which are supported 532 by a natural soil as shown in applicable United States 533 Department of Agriculture county soil surveys. 534 2. No filling or peat mining is allowed. 535 3. No removal of native wetland trees, including, but not 536 limited to, ash, bay, cypress, gum, maple, or tupelo, occurs. 537 4. When removing organic detrital material, no portion of 538 the underlying natural mineral substrate or rocky substrate is 539 removed. 540 5. Organic detrital material and plant material removed is 541 deposited in an upland site in a manner that will not cause 542 water quality violations. 543 6. All activities are conducted in such a manner, and with 544 appropriate turbidity controls, so as to prevent any water 545 quality violations outside the immediate work area. 546 7. Replanting with a variety of aquatic plants native to 547 the state shall occur in a minimum of 25 percent of the 548 preexisting vegetated areas where organic detrital material is 549 removed, except for areas where the material is removed to bare 550 rocky substrate; however, an area may be maintained clear of 551 vegetation as an access corridor. The access corridor width may 552 not exceed 50 percent of the property owner’s frontage or 50 553 feet, whichever is less, and may be a sufficient length 554 waterward to create a corridor to allow access for a boat or 555 swimmer to reach open water. Replanting must be at a minimum 556 density of 2 feet on center and be completed within 90 days 557 after removal of existing aquatic vegetation, except that under 558 dewatered conditions replanting must be completed within 90 days 559 after reflooding. The area to be replanted must extend waterward 560 from the ordinary high water line to a point where normal water 561 depth would be 3 feet or the preexisting vegetation line, 562 whichever is less. Individuals are required to make a reasonable 563 effort to maintain planting density for a period of 6 months 564 after replanting is complete, and the plants, including 565 naturally recruited native aquatic plants, must be allowed to 566 expand and fill in the revegetation area. Native aquatic plants 567 to be used for revegetation must be salvaged from the 568 enhancement project site or obtained from an aquatic plant 569 nursery regulated by the Department of Agriculture and Consumer 570 Services. Plants that are not native to the state may not be 571 used for replanting. 572 8. No activity occurs any farther than 100 feet waterward 573 of the ordinary high water line, and all activities must be 574 designed and conducted in a manner that will not unreasonably 575 restrict or infringe upon the riparian rights of adjacent upland 576 riparian owners. 577 9. The person seeking this exemption notifies the 578 applicable department district office in writing at least 30 579 days before commencing work and allows the department to conduct 580 a preconstruction site inspection. Notice must include an 581 organic-detrital-material removal and disposal plan and, if 582 applicable, a vegetation-removal and revegetation plan. 583 10. The department is provided written certification of 584 compliance with the terms and conditions of this paragraph 585 within 30 days after completion of any activity occurring under 586 this exemption. 587 (v) Notwithstanding any other provision in this chapter, 588 chapter 373, or chapter 161, a permit or other authorization is 589 not required for the following exploratory activities associated 590 with beach restoration and nourishment projects and inlet 591 management activities: 592 1. The collection of geotechnical, geophysical, and 593 cultural resource data, including surveys, mapping, acoustic 594 soundings, benthic and other biologic sampling, and coring. 595 2. Oceanographic instrument deployment, including temporary 596 installation on the seabed of coastal and oceanographic data 597 collection equipment. 598 3. Incidental excavation associated with any of the 599 activities listed under subparagraph 1. or subparagraph 2. 600 Section 5. The Division of Law Revision and Information is 601 directed to replace the phrase “the effective date of this act” 602 wherever it occurs in this act with the date the act becomes a 603 law. 604 Section 6. This act shall take effect upon becoming a law.