Section 62B-34.080 - Siting Criteria for Non-Habitable Major Structures, Swimming Pools and Single-Family Dwellings Independent of a General Permit Line, Second Line of Construction or Major Road(1) Applicability. The activities described in subsections 62B-34.060(1) and 62B-34.070(1), F.A.C., qualify for a General Permit, subject to the criteria and conditions set forth in this Chapter. In addition to the criteria below, proposed structures and activities shall meet all other applicable provisions of chapter 62B-34, F.A.C.(2) The seaward limit of construction activities allowed under this section shall be determined by satisfying all of the following criteria: (a) The proposed structures shall remain landward of the first line of construction.(b) The proposed structures shall remain landward of the 30-year erosion projection as determined in accordance with the methodology established in the rule 62B-33.024, F.A.C.(c) If there is no armoring on the parcel where the structure is proposed, the seaward limits of construction shall be: 1. A minimum of 25 feet landward of the primary dune feature.2. A minimum of 50 feet landward of the top of the bluff, with a bluff height greater than 15 feet.3. A minimum of 100 feet landward of the vegetation line, where the profile does not have certified armoring, a primary dune, or a bluff greater than 15 feet high.4. A minimum of 250 feet landward of the Erosion Control Line or a minimum of 250 feet landward of the Mean High Water Line, whichever is more landward, where conditions contained in subparagraphs 62B-34.080(2)(c) 1. through 3., F.A.C., do not exist.(d) If there is armoring on the parcel where the structure is proposed:1. The proposed structures shall be sited landward of any existing tie-back or anchoring system of the armoring, or a sufficient distance landward of the armoring to allow for future maintenance or repair of the armoring structure, whichever is more landward, if the armoring is certified by an engineer licensed in the State of Florida or where the Department determines to provide protective value from a 15-year or greater return interval storm event; or2. The proposed structures shall be sited to meet the criteria specified under subparagraphs 62B-34.080(2)(c) 1. through 4., F.A.C., if the armoring does not provide protective value from a 15-year or greater return interval storm event.(3) The total dimensions and coverage of structures sited using the siting criteria of this section shall be limited to the following:(a) New structures and the combined dimensions of other major structures and decks shall be limited to: 1. A total footprint area of 6, 300 square feet, and2. A total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the maximum shore-parallel coverage of the construction authorized under this General Permit.(b) Rebuilt structures and the combined dimensions of other major structures and decks shall be limited to:1. A total footprint area less than or equal to the existing footprint area, or a total footprint area of 6, 300 square feet, and2. A total shore-parallel coverage equal to or less than the existing coverage, or up to a total shore-parallel coverage of 65 percent of the shore-parallel dimension of the parcel, measured at the seaward limit of the construction authorized under this General Permit.(c) Additions to existing structures shall not exceed the limitations set forth in paragraph 62B-34.080(3)(a), F.A.C.(d) New construction of decks associated with new or existing single-family dwellings shall be limited by this General Permit to a total area of 1, 500 square feet.(4) Other prohibitions and limitations using siting criteria for activities listed under subsection 62B-34.060(1), F.A.C., are set forth in paragraphs 62B-34.060(3)(a) through (g), F.A.C.(5) Other prohibitions and limitations using the siting criteria for activities listed under subsection 62B-34.070(1), F.A.C., are set forth in subsections 62B-34.070(3), (4), and (5), F.A.C.Fla. Admin. Code Ann. R. 62B-34.080
Rulemaking Authority 161.053(20) FS. Law Implemented 161.053(2), (4), (18) FS.
Adopted by Florida Register Volume 44, Number 222, November 14, 2018 effective 11/28/2018.