Fla. Admin. Code R. 40C-1.603

Current through Reg. 50, No. 217; November 5, 2024

Section 40C-1.603 - Permit Fees

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except as provided in subsections (16) through (18). This fee recovers some of the District's costs of processing applications.

The fee schedule is:

(1) Chapter 40C-2, F.A.C., consumptive use permits:
(a) Applications for consumptive use permits.
1. Consumptive use permits greater than 500, 000 gallons of water per day	$1,000
2. Consumptive use permits equal to or less than 500, 000 gallons of water per day	$400
3. Consumptive use permits less than 100, 000 gallons of water per day	$100
4. Consumptive use permits where the use does not exceed the thresholds in subsection 40C-2.041(1), F.A.C.	$50

(b) Modifications of consumptive use permits.

1. Consumptive use permits where the total allocation requested (existing plus any proposed increase) is greater than 500, 000 gallons of water per day

$200

2. Consumptive use permits where the total allocation requested (existing plus any proposed increase) is equal to or less than 500, 000 gallons of water per day

3. Consumptive use permits where the total allocation requested (existing plus any proposed increase) is less than 100, 000 gallons of water per day

4. Consumptive use permit where the use does not exceed the thresholds in subsection 40C-2.041(1), F.A.C.

$100

$50

$25

5. No fee will be charged for early renewal of an existing permit for implementation of a project that provides a water quantity benefit to a water resource.

6. No fee will be charged for modification of an existing permit applied for by letter pursuant to rule 40C-2.331, F.A.C., regardless of withdrawal amount.

(2) Chapter 40C-3, F.A.C., well construction, repair or abandonment permit.

(a) Public water supply well	$250
(b) All other wells	$120
(c) Abandonment of a well	$0
(d) Variances	$100

(3) Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

(a) New applications (excluding projects described in paragraphs (3)(b) and (3)(c), below) - based on the categories below:

1. Project with no works in, on, or over wetlands and other surface waters, no boat slips, and:
a. Total project area of less than 10 acres	$490
b. Total project area of more than 10 acres but less than 40 acres	$1,190
2. Total project area of less than 10 acres, less than 1 acre of works in, on, or over wetlands and other surface waters, and less than 10 new boat slips	$1,190
3. Project exceeds any of the thresholds in subparagraph (3)(a)2., above, but involves a total project area of less than 40 acres, less than 3 acres of works in, on, or over wetlands and other surface waters, and less than 30 new boat slips	$2,110
4. Project exceeds any of the thresholds in subparagraph (3)(a)3., above, but involves a total project area of less than 100 acres, less than 10 acres of works in, on, or over wetlands and other surface waters, and less than 50 new boat slips	$5,610
5. Project exceeds any of the thresholds in subparagraph (3)(a)4., above, but involves a total project area of less than 640 acres, and less than 50 acres of works in, on, or over wetlands and other surface waters	$5,610
6. Project exceeds any of the thresholds in subparagraph (3)(a)5., above	$9,120
7. When a project requires a Chapter 40C-44, F.A.C., environmental resource agricultural system permit with no works in, on, or over wetlands and other surface waters, the fee will be the same as the fee under subsection (10), below, based on the acreage.
(b) New applications for environmental restoration or enhancement activities (not associated with a mitigation bank and not implemented as mitigation). For purposes of this fee category, "environmental restoration or enhancement" means actions designed and implemented solely to convert degraded or altered uplands, wetlands, or other surface waters back to communities typical of those historically present, or to improve the ecological value of wetlands or other surface waters in comparison to their existing condition.	$250
(c) New applications solely for stormwater retrofit projects	$250

(d) Major modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. Major modifications that are consistent with an existing conceptual approval permit	50% of the fee for a new permit under paragraph (3)(a), above, for the activity proposed in the modification
2. Major modifications to a permit that increase the total project area	Same as fee for a new permit under paragraph (3)(a), above, for the activity proposed in the modification
3. Other major modifications	50% of the fee for a new permit under paragraph (3)(a), above, for the activity proposed in the modification

(e) Minor modifications of Chapter 62-330, F.A.C., individual or conceptual environmental resource permits (excluding mitigation bank permits):

1. Transfers or statutory extensions of permits and correction of minor errors that do not require technical review	$0
2. Other extensions	$200 or 25% of the fee for a new permit under paragraph (3)(a), above (whichever is less)
3. All other minor modifications	25% of the fee for a new permit under paragraph (3)(a), above, for the activity proposed in the modification
(4) Mitigation Bank permits and conceptual approvals	$11,960
(a) Major modifications of mitigation bank permits and conceptual approvals involving changes to one or more of the following components: service area; credit assessment; success or release criteria; hydrologic structures or alterations; constructions or mitigation design that does not increase the project area; elimination of lands; or monitoring or management plans	$1,410
(b) Other major modifications that do not qualify for a modification under paragraph (4)(a) above, or paragraph (4)(e), below	$4,230

(c) Minor modifications of mitigation bank permits and conceptual approvals:

1. Transfers or statutory extensions of permits; correction of minor errors that do not require technical review; mitigation bank credit withdrawals and releases	$0
2. All other minor modifications authorized by subsection 62-330.315(2), F.A.C.	$270
(5) Chapter 62-330, F.A.C., general environmental resource permits set forth in Rules 62-330.407 through 62-330.635, F.A.C.	$250

(6) Variances or waivers associated with any environmental resource permit application:

(a) Under Section 120.542, F.S.	$0
(b) All other variances or waivers	$550 or cost of application, whichever is less
(7) Formal Determinations:
(a) For property less than 10 acres	$860
(b) For property that is at least 10 acres but less than 40 acres	$1,180
(c) For property that is at least 40 acres but less than 100 acres	$2,370
(d) For property that is greater than 100 acres, plus $310 for each additional 100 acres or portion thereof	$2,370
(e) For properties with an existing formal determination that qualify for reissuance in accordance with Section 373.421(2), F.S.	$350
(f) For properties that had a formal determination, when submitted within 2 years after expiration of the formal determination, provided petitioner certifies there are no unpermitted alterations in physical conditions and no change in delineation methodology since issuance of prior formal determination, as confirmed by the District	50% of the fee under paragraphs (7)(a)-(d), above

(8) Management and storage of surface waters permits under Chapters 40C-4 and 40C-40, F.A.C., as such rules existed prior to the adoption of rules adopted pursuant to Section 373.414(9), F.S., that are submitted pursuant to the grandfathering provisions of Sections 373.414(12) through (16), F.S.

(a) Individual and conceptual permits	$3,530
(b) General permits	$980

(c) Permit applications and formal determinations which require wetland delineations pursuant to Section 373.421(7), F.S., will be charged a supplemental application fee of seven hundred dollars ($700), in addition to the application fees above.

(9) Chapter 40C-44, F.A.C., environmental resource agricultural system permits that only require a permit under paragraph 62-330.020(2)(i), F.A.C., and section 1.2.3 of the document entitled "Environmental Resource Permit Applicant's Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District, " which is incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C.:

(a) Individual Permits for agricultural operations less than 40 acres	$420
(b) Individual Permits for agricultural operations greater than 40 acres	$1,050

(10) Modifications of Permits. Unless the fee for modification of a permit is specifically provided above, the fee required with an application for modification shall be that which is established for the applicable type of permit. However, when an applicant for a permit under Chapter 62-330, F.A.C., resubmits within 365 days after withdrawing an application for an activity on part of the same project area for which it already paid the application fee, no fee shall be charged except for any additional fee required due to a change in the project. Additionally, the fee for letter modification of a permit issued pursuant to Chapter 40C-4, 40C-40, or 40C-42, F.A.C., before October 1, 2013 shall continue to be the following applicable fee, unless the permittee elects review in accordance with the rules adopted pursuant to Section 373.4131, F.S.:

(a) Chapter 40C-4, F.A.C., permits	$270
(b) Chapter 40C-40, F.A.C., permits	$160
(c) Chapter 40C-42, F.A.C., permits	$110

(11) Permit applications under Chapter 62-4, 62-312, 40C-4, 40C-40, 40C-42, or 40C-44, F.A.C., submitted and made complete prior to the effective date of the rules adopted pursuant to Section 373.4131, F.S., shall be required to submit the permit application fees in existence prior to October 1, 2013, unless the applicant elects review in accordance with the rules adopted pursuant to Section 373.4131, F.S.

(12) Application fees for authorizations on sovereign submerged lands under Chapters 253 and 258, F.S., are provided in chapter 18-21, F.A.C.

(13) Informal Wetland Boundary determinations under Part IV of Chapter 373, F.S., for property less than or equal to 1 acre

$100

(14) Verification that an activity is exempt from regulation:

(a) Under Rules 62-330.050 and 62-330.051, F.A.C.

$100

(b) Under Rule 62-330.0511, F.A.C.

(15) The District shall use the Consumer Price Index, for All Urban Consumers (CPI-U), all items, complied by the United States Department of Labor for revising fees under Part IV of Chapter 373, F.S., pursuant to Section 373.109, F.S., and subparagraph 62-113.200(12)(a) 8. and paragraph 62-4.050(4)(z), F.A.C.

(16) Pursuant to Section 218.075, F.S., the District shall, for each fiscal year beginning October 1st and ending September 30th, reduce all permit application fees to $100, or, if a permit application fee is less than $100, by 50 percent, for any county, municipality, or third party under contract with a county or municipality, to apply for a permit on the county or municipality's behalf, which qualifies under this subsection. A county, municipality, or third party as described above, may apply to reduce the permit application fees by submitting form 40C-1.603(1) entitled "Request to Reduce Permit Application Fees for Local Government, " effective 7-21-19, which is hereby incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-10812) and which can be obtained from St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, (386)329-4500, for each fiscal year by certifying:

(a) That the county had a population of 50, 000 or less on April 1, 1994, and that the county's population has not yet exceeded 75, 000, that the municipality has a population of 25, 000 or less, or that the county or municipality is not included within a metropolitan statistical area; and

(b) All projects for which the fee reduction or waiver is sought will serve a public purpose; and

(c) The permit application fee cost is a fiscal hardship due to one of the following:

1. Per capita taxable value is less than the statewide average for the current fiscal year.

2. Percentage of assessed property value that is exempt from ad valorem taxation is higher than the statewide average for the current fiscal year.

3. Any condition specified in Section 218.503, F.S., that determines a state of financial emergency.

4. Ad valorem operating millage rate for the current fiscal year is greater than eight mills.

5. A financial condition that is documented in annual financial statements at the end of the current fiscal year and indicates an inability to pay the permit processing fee during that fiscal year.

(17) No fee shall be charged for applications for Chapter 62-330, F.A.C., permits by the following branches of the U.S. Department of Defense: U.S. Army, Navy, Air Force, Marines, and Coast Guard, plus the National Guard.

(18) No fee shall be charged for applications for Chapter 40C-2, 40C-3, or 62-330, F.A.C., permits by the Florida Department of Environmental Protection or another water management district.

Fla. Admin. Code Ann. R. 40C-1.603

Rulemaking Authority 373.044, 373.109, 373.113, 373.421(2) FS. Law Implemented 218.075, 373.109, 373.4131, 373.421(2) FS.

New 10-1-87, Amended 6-1-88, 10-17-88, Formerly 40C-1.202, Amended 8-1-89, 10-19-89, 8-19-90, 7-21-91, 7-23-91, 8-11-91, 9-25-91, 11-12-91, 10-20-92, 11-30-92, 1-6-93, 12-6-93, 1-23-94, 4-12-95, 1-4-96, 4-25-96, 10-2-96, 10-11-01, 4-10-02, 11-11-03, 2-1-05, 2-16-10, 10-1-13, Amended by Florida Register Volume 40, Number 146, July 29, 2014 effective 8/14/2014, Amended by Florida Register Volume 41, Number 204, October 20, 2015 effective 11/1/2015, Amended by Florida Register Volume 44, Number 011, January 17, 2018 effective 2/1/2018, 6-1-18., Amended by Florida Register Volume 45, Number 132, July 9, 2019 effective 7/21/2019.