Section 62B-41.002 - Definitions(1) "Accretion" is the buildup of land or accumulation of unconsolidated material within the coastal system caused by wind and wave action, storm surge, or tidal or littoral currents. Accretion includes:(a) Waterward horizontal movement of the mean high-water line or beach profile.(b) Volumetric gain of sediment to the coastal system.(2) "Agent" is any person with the written power or authority to act on behalf of the applicant for purposes of an application submitted under chapter 161, F.S.(3) "Applicant" is any person, firm, corporation, county, municipality, township, special district, any public agency, or their agent, having authority pursuant to section 161.041, F.S., to request a permit to conduct any coastal construction activities upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the State.(4) "Armoring" is a manmade structure designed to either prevent erosion of the upland property or protect eligible structures from the effects of coastal wave and current action. Armoring includes certain rigid coastal structures such as geotextile bags or tubes, seawalls, revetments, bulkheads, retaining walls, or similar structures but does not include jetties, groins or other construction whose purpose is to add sand to the coastal system, alter the natural coastal currents or stablilize the mouths of inlets.(5) "Beach" is the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is marked change in material or physiographic form, or to the line of vegetation.(6) "Breakwater" is a structure which has the effect of protecting shoreline areas, harbors, inlets or basins from the forces of currents and wave action.(7) "Bulkhead" is a structure or vertical partition designed primarily to retain or prevent slumping of the upland soil mass. A bulkhead may also provide a level of protection against erosion by wave or current action.(8) "Coastal Construction" includes any work or activity on or encroaching upon sovereignty lands of Florida, below the mean high-water line of any tidal water of the state, which is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.(9) "Coastal System" is the beach and adjacent upland dune system and vegetation; swash zone; surf zone; breaker zone; offshore and longshore shoals; reefs and bars; tidal, wind and wave driven currents; longshore and onshore/offshore drift of sediment materials; inlets and their ebb and flood tide shoals and zones of primary tidal influence, and all other associated natural and manmade topographic features and structures.(10) "Comparable Alternative Access" is public access provided by the applicant that is similar in size and functionality to the public access being replaced. Such access proposed by the applicant shall be within walking distance from the public access that was permanently lost due to the coastal construction project. Comparable alternative access must not expose the user to unsafe conditions, must be clearly identified, and must include authorization from the upland property owner.(11) "Department" is the Florida Department of Environmental Protection. The head of the Department is the Secretary.(12) "Eligible Structures" are public infrastructure and private structures qualified for armoring as follows:(a) Public infrastructure includes those roads designated as public evacuation routes, public emergency facilities, bridges, power facilities, water or wastewater facilities, other utilities, hospitals, or structures of local governmental, state, or national significance.(b) Private structures include: 1. Non-conforming habitable structures;2. Major non-habitable structures, which are not expendable;3. Expendable major structures which are amenities necessary for occupation of the major structure; and,4. Expendable major structures whose failure would cause an adjacent upland non-conforming habitable structure or major non-habitable structure, which is not expendable, to become vulnerable to damage from frequent coastal storms.(c) Eligible structures do not include minor structures.(13) "Environmentally Sensitive Area" is a part of the coastal system which the Department of Environmental Protection, in consultation with the Florida Fish and Wildlife Conservation Commission, according to section 379.2431, F.S., has determined to be of such significance that application of a proposed new technology poses an unacceptable risk to the ecology.(14) "Erosion" is the wearing away of land or the removal of consolidated or unconsolidated material from the coastal system by wind or wave action, storm surge, tidal or littoral currents or surface water runoff. Erosion includes:(a) Landward horizontal movement of the mean high-water line or beach profile.(b) The vertical lowering or volumetric loss of sediment from the beach and dune or the offshore profile.(15) "Erosion Control Line" is the line determined in accordance with the provisions of sections 161.141-.211, F.S., and recorded pursuant to section 161.181, F.S., in connection with beach restoration projects. Where established, an erosion control line represents the landward extent of the claims of the state in its capacity as sovereign title holder of the submerged bottoms and shores of the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida, and the bays, lagoons, and other tidal reaches thereof.(16) "Excavation" is any mechanical or manual removal of consolidated or unconsolidated soil or rock material from the coastal system.(17) "Groin" is a structure built (usually perpendicular to the shoreline) to trap or alter alongshore movement of sediment or to retard erosion of the coastal system.(18) "Impacts" are defined as follows: (a) "Adverse Impacts" are those impacts caused by coastal construction that have a reasonable potential of causing a measurable interference with the natural functioning of the coastal system, damage to existing structures or properties, or denial or restriction of lateral beach access. The active portion of the coastal system extends offshore to the seaward limit of sediment transport and includes ebb tidal shoals and offshore bars.(b) "Cumulative Impacts" are impacts resulting from the short-term and long-term impacts and the direct and indirect impacts the activity would cause in combination with existing structures in the area and any other similar activities already permitted or for which a permit application is pending within the same fixed coastal cell. The impact assessment shall include the anticipated effects of the construction on the coastal system and marine turtles. Each application shall be evaluated on its own merits in making a permit decision, therefore, a decision by the Department to grant a permit shall not constitute a commitment to permit additional similar construction within the same fixed coastal cell.(c) "De Minimis Impacts" are impacts that are insignificant and do not have a measurable adverse impact either individually or cumulatively.(d) "Significant Adverse Impacts" are adverse impacts of such magnitude that they are expected to alter the coastal system in a manner that results in either: 1. An increase in the rate of erosion;2. Rendering the coastal system unstable or vulnerable to the effects of coastal storms or interfere with its ability to recover from the effects of a coastal storm; or3. A take, as defined in subsection 62B-41.002(47), F.A.C., unless, as provided for by the provisions of section 379.2431(1)(h), F.S.(19) "Inlet, " also referred to as "Pass, " is a short narrow waterway including all related flood and ebb tidal shoals and the inlet shorelines, connecting a bay, lagoon, or similar body of water with a large parent body of water such as the Gulf of Mexico, Straits of Florida, or the Atlantic Ocean. Inlets for the purposes of this chapter are classified as follows: (a) "Altered Inlets" also referred to as modified or improved inlets, are those where stabilizing rigid coastal structures have been constructed; or, unstabilized inlets, where inlet related structures have been constructed and maintained and the channel depth or width is greater than the inlet system would support in a natural condition.(b) "Natural Inlets" are those which are not altered or maintained, and are shaped by natural coastal processes.(c) "Intermittent Inlets" are natural inlets that may be closed, but are subject to periodic opening under coastal processes and are inherently unstable and can be expected to close again when conditions change.(d) "Flushing Outlets" release water from water bodies inland of the beach, and function to preserve or restore water quality by conducting the flow of water from fresh water and estuarine systems into marine systems, although during times of tidal flood, water may move from marine systems into estuarine or fresh water systems.(20) "Landward" is the direction away from the sovereignty submerged lands of Florida toward the land above the mean high-water line.(21) "Major Reconstruction" is the repair, replacement, or rebuilding, of an existing rigid coastal structure which is no longer capable of providing its original level of protection or which would change the alignment, design or level of protection provided by the original structure.(22) "Marine Turtle" is any turtle, including all life stages from egg to adult, found in Florida waters or using the beach as nesting habitat, including the following species: loggerhead (Caretta caretta), green (Chelonia Mydas), leatherback (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), and Kemp's ridley (Lepidochelys kempi).(23) "Mean High-Water" is the average height of the high-waters over a 19-year period. For shorter periods of observation, "mean high-water" is the average height of the high-waters after corrections are applied to eliminate known variations and to reduce the results to the equivalent of a mean 19-year value.(24) "Mean High-Water Line" is the intersection of the tidal plane of mean high-water with the beach.(25) "Minor Reconstruction" is the repair or routine maintenance of an existing rigid coastal structure necessary to retain the structural and functional integrity of the structure against the storm forces for which it was designed, including; cap repair, tie back replacement, landward extensions of return walls and replacement of armor stone, none of which change the original alignment, design, or level of protection.(26) "Mitigation" is an action or series of actions taken by the applicant that will offset adverse impacts caused by a proposed or existing coastal construction project.(27) "N.A.V.D." is the North American Vertical Datum of 1988, established by the National Ocean Survey.(28) "Nesting Activity" is nesting beach selection, emergence of adult marine turtles from marine waters onto the beach, nest site selection, transit to and from the nest site, nest excavation, egg deposition, nest covering, incubation of eggs, hatching, hatchling emergence, orientation and the transit of hatchlings into marine waters.(29) "New Technology" is applied science proposed to solve a specific coastal erosion or related problem in Florida, about which the staff and professional engineering community have insufficient available information to predict the performance reliability for general applications under a range of anticipated operational conditions and potential impacts to the coastal system.(30) "N.G.V.D." is the National Geodetic Vertical Datum, as established by the National Ocean Survey (formerly called "mean sea level datum, 1929").(31) "Nonconforming Structure" is any major habitable structure which was not constructed pursuant to a permit issued by the Department, in accordance with section 161.052 or 161.053, F.S., on or after March 17, 1985.(32) "Notice to Proceed" is the formal notification from the Department authorizing permitted coastal construction to commence.(33) "Permit" is the authorization issued by the Department to conduct certain specified construction, excavation or alteration activities at a specified location on state sovereignty land seaward of the mean high-water line of any tidal water.(34) "Permit Condition" is a statement or stipulation issued with, and appearing on or referenced in, a coastal construction permit with which compliance is necessary for continued validity of the permit.(35) "Revetment" is a sloped facing structure made of an armoring material designed to protect an escarpment or embankment, or upland structure, from erosion by wave or current action.(36) "Riparian Owner" is an owner of land along, bordering upon, bounded by, fronting upon, abutting or adjacent and contiguous to and in contact with the waters of the State of Florida.(37) "Sand Bypassing" is the mechanical or natural movement of sand from one beach adjacent to an inlet or from within an inlet system, to another beach adjacent to the same inlet.(38) "Scour" is erosion caused by waves and currents or by the interaction of waves and currents with man-made structures or natural features.(39) "Seawall" is a structure separating land from water areas, primarily designed to prevent erosion and other damage due to wave or current action.(40) "Seaward" is a direction toward the sovereignty submerged lands of Florida from the land above the mean high-water line.(41) "Shoreline" is the intersection of a specified plane of water with the shore or beach.(42) "Staff" is the staff of the Division of Water Resource Management.(43) "Storm Surge" is the rise of water above normal water level on the open coast due to a number of factors, including the action of wind stress on the water surface and the rise in water level due to atmospheric pressure reduction.(44) "Strategic Beach Management Plan" is the adopted plan for management of the sandy beach and the related coastal system pursuant to section 161.161, F.S.(45) "Structure" is the composite result of putting together or building related components in an ordered scheme. For purposes of this chapter, "structure" includes: (a) "Rigid Coastal Structures" which are structures characterized by their solid or highly impermeable design or construction. Typically included within this category are groins, breakwaters, mound structures, jetties, weirs, seawalls, bulkheads and revetments.(b) "Flexible Coastal Structures" which are structures characterized by their frangible design or construction and ability to become freely assimilated into the coastal system by natural coastal processes. Typically included within this category are beach restoration and beach nourishment, dune restoration and revegetation.(c) "Inlet-Related Structures" are structures typically constructed within an inlet, such as inlet bypassing systems, dredged channels, and sand traps.(d) "Minor Coastal Structures" are structures designed to be expendable and to minimize resistance to water forces associated with high frequency coastal storms, and to break away when subjected to such forces and are of such size or design that they have a de minimis impact on the coastal system.(e) "Major Coastal Structures" are structures whose design, location or size have the potential to cause an adverse impact to the coastal system. Major structures include: 1. "Nonhabitable Major Structures" which are designed primarily for uses other than human occupancy and have limited potential for use as shelters. Typically included within this category are roads, bridges, storm water outfalls, bathhouses, cabanas, swimming pools and garages.2. "Habitable Major Structures" which are designed primarily for human occupancy and are potential locations for shelter from coastal storms. Typically included within this category are residences, hotels, commercial buildings, stores and restaurants.(f) Enumeration of the types of structures in this subsection shall not be construed as excluding from the application of this chapter any other structure which by its usage, design, dimensions, or structural configuration meet the general definition herein provided and would require engineering considerations similar to the above listed structures.(46) "Take" is an act that actually kills or injures marine turtles, and includes significant habitat modification or degradation that kills or injures marine turtles by significantly impairing essential behavior patterns, such as breeding, feeding, or sheltering, as defined in paragraph 379.2431(1)(c), F.S.(47) "Toe Scour Protection" is supplemental armoring to protect the bottom surface in front of seawall or bulkhead from scour due to wave or current action.Fla. Admin. Code Ann. R. 62B-41.002
Rulemaking Authority 161.041(1), 161.055(1), (2), 161.085(5) FS. Law Implemented 161.021(1), (6), (7), (9), 161.041(1), 161.051, 161.085(1), (2), 161.142(1), (2), (5), 161.143(1), 161.151(3), 161.161(1), 161.163, 379.2431(1) FS.
New 8-23-92, Formerly 16B-41.002, Amended 10-23-01, 11-17-11, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017.New 8-23-92, Formerly 16B-41.002, Amended 10-23-01, 11-17-11, 1-11-17.