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If your project does not qualify for an exemption or General Permit and it exceeds permitting thresholds, it will require an Individual Permit. Individual permits require individual (project by project) review. There are two types of individual permits:

1. Individual Permit

2. • Any project or activity that does not qualify to be processed as an Exemption or General Permit.

2. Conceptual Approval Permit

3. • A Conceptual Approval Permit is a type of individual permit approving the concept of a master plan for a project, which is binding on the DEP and the permittee. This is usually done for large or phased projects where there may be some uncertainty about the final plan. It approves a well-defined project concept and any future changes that remain within the limits of the concept if the provisions in Section 62-330.055 F.A.C (Urban Infill) or Section 62-330.056, F.A.C. (Other Conceptual Approval Permits). are met.

4. Unless otherwise stated in the permit, issuance of a conceptual approval permit does not authorize construction, alteration (Expanding or changing a system [which includes any type of work, activity, or structure], other than that required to maintain the system, including any changes which may increase or reduce the flow, storage, or discharge of surface water, increase pollutant loading, change the point or points of discharge, or extend into or adversely affect wetlands by ditching, draining, filling or excavation.), operation, maintenance, removal (Elimination of all or part of a system.) or abandonment (or abandon, means stopping use and maintenance activities for a system or part of a system.) of a project, and does not relieve the holder of such permit of any requirements to obtain a permit for the activities. An application for construction authorization of the first phase (A project that is divided into separate parts to be completed at different times or under different circumstances. These parts are called phases.) of the project also may be included as a part of the initial application. As the permittee desires to construct, alter, operate, maintain, abandon, or remove additional phases, new applications for such activities shall be processed as an application for an individual permit, consistent with the terms and conditions of the issued conceptual approval permit.

   • Additional phases of a Conceptual Approval Permit for Urban Infill and Redevelopment projects can be authorized under a General Permit for that activity.

A Joint Coastal Permit is a combination of an environmental resource permit and a coastal construction permit, and is reviewed and issued by DEP's Bureau of Beaches and Coastal Systems.

A Joint Coastal Permit is required for activities that meet all of the following criteria:

• Located on Florida's natural sandy beaches facing the Atlantic Ocean, the Gulf of Mexico, the Straits of Florida or associated inlets;
• Activities that extend seaward of the mean high water (The average height of the high tides of a 19-year period.) line;
• Activities that extend into state-owned submerged lands (Those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated.); and
• Activities that are likely to affect the distribution of sand along the beach.

Activities that require a joint coastal permit include beach restoration or nourishment; construction of erosion (The movement of soil or sand by flowing water. Evidence of erosion includes gullys, surface scouring, and 'washed out' soils.) control structures such as groins and breakwaters; public fishing piers; maintenance of inlets and inlet-related structures; and dredging of navigation channels that include disposal of dredged material onto the beach or in the nearshore area.

For projects that require a Joint Coastal Permit, but also require substantial stormwater (The flow of water which results from, and which occurs immediately following, a rain event) treatment systems, you may also be required to apply to your local district office for an ERP stormwater permit.  

Unless it is not regulated or is exempt under subsection 62-330.020(1), F.A.C., a permit is required for any activity that, by itself or in combination with any other activity conducted after October 1, 2013, cumulatively exceeds any of the thresholds in paragraphs 62-330.020(2)(a) through (j), F.A.C. Some provisions of those thresholds are explained below:

Permitting Thresholds (Subsection 62-330.020(1), and (2)(a) through (j), F.A.C.)

(1) A permit under this chapter is not required for activities that qualify for:

(a) Operation and routine custodial maintenance of projects legally in existence, provided the terms and conditions of the permit, exemption, or other authorization for such projects continue to be met, and provided the activity is conducted in a manner that does not cause violations of state water quality standards. However, this exemption shall not apply to any project that is altered, modified, expanded, abandoned, or removed;

(b) An exemption listed in Rule 62-330.051, F.A.C., or in section 1.3 (District-specific exemptions) of the applicable Volume II;

(c) The “grandfathering” provisions of Sections 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S.; or

(d) The “10/2” general permit for upland stormwater systems authorized in Section 403.814(12), F.S.

(2) Unless the activity qualifies under subsection (1), above, a permit is required prior to the construction, alteration, operation, maintenance, removal, or abandonment of any new project that, by itself or in combination with an activity conducted after October 1, 2013, cumulatively results in any of the following:

(a) Any project in, on, or over wetlands (Those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances to support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto.) or other surface waters (Water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs is classified as surface water when it exits from the spring onto the earth's surface.);

(b) A total of more than 4,000 square feet of impervious (Land surfaces that do not allow, or minimally allow, the penetration of water; such as building roofs, normal concrete and asphalt pavements, and some fine grained soils such as clays. For purposes of implementing stormwater treatment quality and quantity requirements, the calculation of the amount of impervious surface does not include wetlands or other surface waters.) and semi-impervious surface areas subject to vehicular traffic;

(c) A total of more than 9,000 square feet impervious and semi-impervious surface area;

(d) A total project area (The area where works occur as part of an activity requiring a permit. Example, if you have 10 acres, but only plan to do work on 2 acres, the project area would be 2 acres. Project area is different from total land area.) of more than one acre (A unit of area measurement for land. Equal to 43,560 square feet.);

(e) A capability of impounding more than 40 acre-feet (The amount of water needed to cover 1 acre of land in 1 foot of water [43,560 cubic feet or 325,851.4 US gallons].) of water;

(f) Any dam having a height of more than 10 feet, as measured from the lowest elevation (Land level as compared to sea level using a known vertical datum. Example: an elevation of 4 feet is 4 feet above sea level.) of the downstream toe to the dam crest;

(g) Any project that is part of a larger common plan of development or sale;

(h) Any dry storage facility storing 10 or more vessels that is functionally associated with a boat launching area;

(i) Any project exceeding the thresholds in section 1.2 (District-specific thresholds) of the applicable Volume II; or

(j) Any modification or alteration of a project previously permitted under Part IV of Chapter 373, F.S.

Construction and operation of the above projects are subject to the additional limitations in paragraph 3.1.4(f) of Volume I.