Submit this form to the EPC to provide notice of the exempt activities you intend to conduct as required in Section 1-11.11(1)(b), Wetlands, Section 1-14.05(a), Mangrove Trimming and Preservation, or Section 5.2.5, Basis of Review, Rules of the EPC. If you would like a response confirming qualification for the exemption, a service fee of $100 is required.  If no response is requested, there is no service fee for this notice.

In order to facilitate the EPC verification review, please provide any drawings/site plan that show parcel boundaries, existing shoreline, wetland/other surface water boundary (ditch or pond), and location of proposed activities.

Please be advised an exemption allowed under EPC Rules does not release you from obtaining all proper permits or complying with regulations of other federal, State or local agencies.

Activities exempt from Chapter 1-11, Rules of the EPC, may require other permits such as a Florida Department of Environmental Protection (FDEP) Environmental Resource Permit (ERP).  The EPC has limited delegation from the FDEP to issue certain permits such as single-family ERP permits if the project is not associated with a larger plan of common development, a surface water management system or three or more contiguous parcels of land under single ownership where each parcel contains or is proposed to contain one or more dwelling units.

The Applicant must have real property interest over the land upon which the activities subject to this notice will be conducted. An applicant may be the property owner, the holder of a recorded easement, a buyer with a contract to purchase or an entity that possesses other equitable property interest that allows for modifications to the land and authorizes the Agency staff or its agents to access and inspect the property. Documentation that explains the type of property interest must be included with this notice.

If a representative is submitting this notice on behalf of the Applicant, the Owner/Applicant Authorization form, which is located at the end of this notice (see Section 5), must be signed by the Applicant listed above.

Thirty (30) calendar days after verified receipt by the Executive Director of written notice of the proposed activity, and upon no agency denial being issued, the following activities in wetlands and other surface waters shall be exempt from the application of Chapter 1-11 provided the activity is reviewed and approved by other appropriated agencies as necessary.

1. These exemptions do not apply to wetlands or other surface waters that serve as significant habitat, such as roosting, nesting or denning areas, for state listed threatened or endangered species.

2. These exemptions do not apply to any filling activity using anything other than clean fill as defined in 62-701.200(32) or (15), 62.701.730(15), F.A.C.

3. Development under these exemptions shall not cause offsite adverse impacts, including flooding, or otherwise affect the local hydrology so as to adversely affect other wetlands.

4. These exemptions do not apply to wetlands created, enhanced or restored as mitigation for wetlands or other surface water impacts under a permit issued by the Executive Director, DEP, SWFWMD, or United States Army Corps of Engineers.

5. Development under these exemptions shall include best management practices for erosion, turbidity and other pollution control to prevent violations of state or Commission water quality standards.

6. These exemptions shall not apply to those artificial wetlands or surface waters which were constructed pursuant to a permit under Part IV, Chapter 373, F.S.

7. These exemptions do not apply to activities reviewed under the Mangrove Trimming and Reservation Rule, Chapter 1-14.

8. The above exemptions do not imply exemption from obtaining all proper permits or complying with regulations of other federal, state or local agencies

Upon at least 10 days and no more than 30 days prior written notice being provide to the Executive Director the following activities are exempt from the permitting requirements of the Executive Director and any other provisions of law if no herbicide or other chemical is used to remove mangrove foliage.

Aquatic plant control activities are limited to removal or maintenance of only submersed plants (i.e., those located underwater such as hydrilla, milfoils, and algae) and floating-leaf plants (e.g. water lettuce, hyacinth, and spatterdock) that exist in the open water portion of the waterbody. Disturbing, removing, or dredging of sediment is prohibited under this Section.

This Noticed Exemption applies to Aquatic Plant Control activities targeted to non-native vegetation as identified in the University of South Florida Atlas of Florida Plants as “non-native” status. Algae treatment may include native and non-native species. 

The following information must be attached:

1. The area of treatment identified in a scaled site drawing;
2. The type of removal implemented, i.e., hand, mechanical, or herbicide;
3. The species of targeted vegetation; and
4. A list of Folio numbers for all properties proposed for treatment.

*Section 5.2.5B. (4-6): Conditions applicable to all Aquatic Plant Control Noticed Exemptions:

(4) After receipt of the written notice by EPC, and if no agency denial is issued regarding the notice, no additional written notice is required for the same activity in the same location for a period of three (3) years after receipt of the initial notice. A new notice exemption shall be submitted after three (3) years or if the activities change from the original notice exemption. Noticing potential users of the treated waterbody under this noticed exemption shall be done according to section 5.2.5. E.(2) prior to each treatment event within the three (3) year period.

(5) These exemptions do not imply exemption from obtaining all proper permits or complying with regulations of other federal, State or local agencies.

(6) These exemptions do not apply to surface waters created, enhanced, or restored as mitigation for wetlands or surface water impacts under a permit issued by the Executive Director, Florida Department of Environmental Protection (DEP), Water Management District, or United States Army Corps of Engineers.

*Section 5.2.5D. (1-5): Conditions Applicable to All Aquatic Plant Control

(1) The applicant must be an owner of some portion of submerged lands within the waterbody or own property immediately adjacent to the waterbody. Persons authorized to represent multiple riparian owners such as, but not limited to, governmental agencies and officers of homeowners associations may submit an application on behalf of the property owners.

(2) Vegetation removed from the waterbody shall be properly disposed of in accordance with local, State, and federal law. Any vegetation materials removed shall be located to prevent the return of the materials back into the surface water or other wetlands.

(3) All non-targeted/unauthorized vegetation shall remain unaffected by the treatment. If non-targeted species are affected by the treatment beyond any minor incidental impacts, replanting of these species will be required.

(4) Aquatic plant control is prohibited in areas that serve as significant habitat, such as roosting or nesting areas, for State listed threatened or endangered species.

(5) Aquatic plant control shall include best management practices for turbidity and other pollution control to prevent violations of State or EPC water quality standards.

*Section 5.2.5E. (1-5): Conditions Applicable to Management Activities and Treatment Noticing for Herbicide Treatment

(1) If the method is herbicide control, any herbicides proposed for treatment shall be approved for use in aquatic systems by the Environmental Protection Agency (EPA) and must be applied in accordance with the label directions.

(2) Prior to undertaking herbicide control activities for exempt or non-exempt aquatic plant control, each permittee shall notify potential users of waters, subject to or affected by the aquatic plant control, of any use restrictions on the herbicide label for treated waters. The permittee must post a sign on the permittee’s property and at each common waterbody access points, identifying the water use restrictions to notify the public. In addition, permittee is encouraged to use one or more of the following methods of notice for posting water-use restrictions to properly notify the affected public:

     (a) The placement of notices at the management site.

     (b) The establishment of a signal or marker system.

     (c) Giving notice at established point of contact.

     (d) Giving notice via e-mail or regular mail to all affected property owners.

(3) The notice shall include, at least, the types of water-use activities which will be temporarily prohibited, or restricted, and the dates for which these prohibitions, or restrictions, are applicable. The notice must remain posted during the period for which any use restrictions are in effect.

(4) The permittee is responsible for providing the authorized agent and/or herbicide treatment applicator a copy of the approved EPC Permit and conditions. The authorized agent and/or herbicide treatment applicator must be in possession of the EPC Permit at all times during performance of the work. The authorized agent and/or the applicator will also be subject to enforcement if unauthorized/non-targeted vegetation or other natural resources are impacted due to improper application of the herbicide treatment.

(5) If the EPC finds that immediate, serious danger to the public health, safety, welfare, or the environment requires emergency action, it is authorized to suspend, restrict, or limit the scope of the permitted activity by emergency order.

Instructions: Owner/Applicant intending to use exemption must complete this section. For multiple properties, please provide a separate form for each property. For business organizations (e.g. LLC, corporations, partnerships), the notification form must be signed by a person authorized to bind the organization. A business organization or person who has sufficient real property interest is required to authorize access to the property.

A.  OWNER/APPLICANT ACKNOWLEDGEMENT

By signing below, I, or the business organization, am notifying the EPC of my intent to use an exemption. I am familiar with the information contained in this form and represent that such information is true, complete and accurate. I understand this is a notice and not an application for a permit, and that work prior to EPC verification or beyond the scope of the exemption may be a violation. I understand that this form and any exemption verification issued thereto does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of activities. I agree to operate and maintain the proposed activity in compliance with the law. I understand that my notice will not be processed if there is any missing, insufficient, or invalid information. I understand that knowingly making any false statement or representation in this form is a violation of the EPC Act and rules and may result in denial of the exemption.

By signing below, I certify that I, or the business organization, possess sufficient real property interest in or control over the land upon which the activities described in this notice are proposed and that I have legal authority to grant permission to access those lands. I hereby grant permission, evidenced by my signature below, for staff of the EPC to access, inspect, and sample the lands and waters of the property as necessary for the review of the exempt activity specified in this notice. I authorize EPC, its agents, and assigns to enter the property as needed to make such review, inspection, and/ or sampling. Further, I agree to provide entry to the project site for such agents or personnel to monitor and inspect the noticed exemption activity.

C.  DESIGNATION OF AUTHORIZED REPRESENTATIVE (IF APPLICABLE)

By signing below, I authorize the representative listed below to act on my behalf, or on behalf of the business organization, in the processing of this notification form; to provide supplemental information in support of the notice. In addition, I authorize the representative listed below to bind me, or the organization, to perform any requirements which may be necessary to qualify for the noticed exemption.