Sea Level Impact Projection (SLIP) Studies for State-Financed Coastal Construction
The Department of Environmental Protection is required by s. 161.551. F.S. to develop and adopt rules for implementing the section. The section requires state-financed constructors to assess the potential impacts of sea level rise and storms on new coastal construction. The rules will include definitions, requirements of state-financed constructors, standards for SLIP studies, implementation of SLIP study findings, enforcement mechanisms, and the effective date of the rules.
Rules and Procedures for Coastal Construction and Excavation
The Department of Environmental Protection has amended two rules in Chapter 62B-33, F.A.C., Rules and Procedures for Coastal Construction and Excavation, 62B-33.002 (12) and (59). The amendments filed with the Department of State change definitions of “eligible” and “vulnerable” used to qualify projects for coastal armoring permits. “Eligible” now clarifies that for a private structure to be eligible for coastal armoring, it must be located wholly or partially seaward of the Coastal Construction Control Line (CCCL). “Vulnerable” now includes SBEACH in the coastal engineering models available to establish a building’s vulnerability to storm effects. The SBEACH model has been incorporated into the CCCL rule by reference.
A Notice of Workshop was published in the FAR on Dec. 20, 2019. The workshop was held on Jan. 7, 2020 in Tallahassee. Rule changes are effective July 29, 2020.
A Notice of Change was published in the FAR Vol. 46. No 111 page 2221on June 8, 2020. The change modified language in the Notice of Proposed Rule for how the SBEACH model is to be incorporated nto the rule by reference. Proposed amendments to Chapter 62B-33, Florida Administrative Code (FAC), Rules and Procedures for Coastal Construction and Excavation become effective July 29, 2020.
Updated: July 17, 2020
Beach Management Funding Assistance Program
The Department of Environmental Protection proposed amendments to Chapter 62B-36, F.A.C. as result of changes made to the beaches funding program in 2019, as codified in Chapter 2019-122, Law of Florida. These amendments revised the criteria that the Department must consider in determining and assigning annual funding priorities for beach management and erosion control projects and revised certain statutory provisions that the Department must consider with respect to managing inlets.The effective date of the rule is Aug. 26, 2020.
The Certification Package was filed with the Dept. of State on Aug. 6, 2020. The effective date of the rule is Aug. 26, 2020.
Updated: Aug. 16, 2020
Model Lighting Ordinance for Marine Turtle Protection
Chapter 62B-55 of the Florida Administrative Code sets forth definitions and guidelines to help local governments control harmful effects of beachfront lighting on nesting and hatching sea turtles.
The Department is proposing to update sea turtle lighting guidelines for local government ordinances that reflect improvements in lighting technology. Florida Fish and Wildlife Conservation Commission (FWC) staff are providing technical support for the updated lighting guidelines. A model sea turtle lighting ordinance initially drafted by the University of Florida College of Law with FWC staff is proposed to be incorporated into the rule by reference. Obsolete or redundant rule sections are proposed for repeal.
A Rule Development Workshop was held on June 17, 2020, by webinar. Public Comments received through July 17, 2020, resulted in minor changes and clarifications to the proposed model ordinance. Copies of the workshop presentation and public comments are available by emailing Fritz Wettstein.
Notice of Proposed Rule
DEP Secretary Valenstein approved the rule making to proceed on October 15, 2020. The Department determined that a detailed Statement of Estimated Regulatory Cost (SERC) was not required for the update of the voluntary guidelines.
A Notice of Proposed Rule was published on October 26, 2020, Vol. 46, No. 209 in the Florida Administrative Register. The rule notice may be viewed HERE, which includes the coded rule. No objections or request for public hearing were filed within the 21 days following publication. Rule amendments to 62B-55 are expected to have be effective in mid-January, 2021.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.