exist to the contrary . The bill provides that if such a mitigation bank is to be established and operated on local government land , the local government and private applicant must enter into a use agreement that meets certain requirements .
Ratification of New Stormwater Rule
SB 7040 by Sen . Mayfield / Sen . Harrell / SB 7053 by Rep . Payne / Infrastructure Strategies Committee
SB 7040 ratifies the Department of Environmental Protection ’ s ( DEP ) revisions to the stormwater rules within Chapter 62- 330 of the Florida Administrative Code with several changes , including :
■ Clarifying provisions relating to grandfathered projects ,
■ Providing that entities implementing stormwater best management practices also regulated under different provisions of law are not subject to duplicate inspections for the same practices , and
■ Allowing alternative treatment standards for redevelopment projects in areas with impaired waters .
■ Providing that a stormwater management system is presumed to not violate state water quality standards if an applicant demonstrates its designs and plans meet performance standards and has met other requirements under the revised rules ; and
■ · Allowing an applicant to demonstrate compliance with the rule ’ s performance standards by providing reasonable assurance through modeling , calculations , and supporting documentation that satisfy the provisions of the revised rules .
As required by the Clean Waterways Act , the DEP and the water management districts initiated rulemaking to update the stormwater design and operation regulations for environmental resource permitting , including updates to the Environmental Resource Permit Applicant ’ s Handbook . The proposed rules were developed to increase the removal of nutrients from stormwater to protect the state ’ s waterways . The Statement of Estimated Regulatory Costs developed by the DEP concluded that the proposed rules will likely increase stormwater treatment costs by $ 1.21 billion ( or $ 2,600 per acre developed ) in the aggregate within five years after the rules ’ implementation . This amount triggers the statutory requirement for the rule to be ratified by the Legislature before it may go into effect .
Streamlined Permitting
HB 267 by Rep . Esposito / SB 684 by Sen . DiCeglie
PASSED / Vote count : House-83-29 ; Senate-36-0
This omnibus permitting bill streamlines permitting processes as follows :
■ Requires a local government to approve , approve with conditions , or deny a complete and sufficient permit application within the following timeframes :
● 30 business days for applicants using local government review for certain structures less than 7,500 square feet , previously set at 120 days ;
10 DITCHMEN • MARCH 2024