§ 24-48.1. Permit classifications; interpretation as to permit requirement, fee; determination of wetlands.

(1)

There are six (6) permit classifications: class I, class II, class III, class IV, class V and class VI.

(a)

Class I: Class I permits are required to trim or cut a mangrove tree, unless specifically exempt pursuant to the provisions of Section 403.9326, Florida Statutes, as may be amended from time to time, or to alter or remove a mangrove tree anywhere in Miami-Dade County or for any type of work as defined herein to take place in, on, over or upon any tidal waters, bay bottom lands anywhere in Miami-Dade County or in wetlands supporting halophytic vegetation anywhere in Miami-Dade County, including, but not limited to, dredging or filling; provided, however, that class I permits shall not apply to the construction, installation or alterations of outfalls or overflow systems as described under the definition of class II permits (Section 24-48.l(l)(b)).

(b)

Class II: Class II permits are required for the construction, installation and/or alteration of any outfall or overflow system in, on, under or upon any water body of Miami-Dade County, including, but not limited to, canals, rivers, lakes, lagoons and/or all tidal water bodies.

(c)

Class III: Class III permits are required for work in, on, upon or contiguous to nontidal lakes, canals, rivers and other water areas and waterfronts under the direct control of Miami-Dade County by virtue of ownership, dedication by plat, right-of-way easement, reservation, or right-of-way and access agreement or instrument, including canal right-of-way as herein defined; provided, however, that class III permits shall not apply to Sections 33-13(e) and 33-16(a) of the Code of Miami-Dade County, Florida, nor shall they apply to the construction, installation, and/or alteration of outfalls or overflow systems as described under the definition of class II permits (Section 24-48.1(1)(b)).

(d)

Class IV: Class IV permits are required for any work in, on, or upon wetlands anywhere in Miami-Dade County, except for work in wetland areas requiring a class I permit under this article.

(e)

Class V: Class V permits are required for any dewatering of groundwater, surface water or water which has entered into an underground facility, excavation or trench.

(f)

Class VI: Class VI permits are required for the installation of a drainage system for any project that has known soil or groundwater contamination, or that uses, generates, handles, disposes of, discharges, or stores hazardous materials.

(2)

If any person is in doubt as to whether or not the proposed work requires a permit as hereunder provided, said person may request a written determination from the Director. Within thirty (30) days after receipt of such request, the Director shall issue a letter of interpretation with respect to whether or not a permit is required for the proposed work. The Director may require any or all of the information which is required in a short form permit application as a condition precedent to the issuance of such a letter. Such letter shall have no precedential value to any person other than the person who requested said written determination, or his grantees, heirs, successors or assigns. A fee, to be set by administrative order approved by the Board of County Commissioners, shall be collected from any person requesting a letter of interpretation by the Director. The fee shall be applied towards the permit application fee if the Director determines that a permit is required.

(3)

Determinations as to the landward extent of wetlands shall be based on the unified statewide methodology adopted pursuant to Section 373.421(1), Florida Statutes, as amended from time to time. A determination that any portion of a tract of land is not a wetland does not preclude the requirement for a permit on any other portion of the tract that is determined to be a wetland. The unified statewide methodology adopted pursuant to Section 373.421(1), Florida Statutes, as amended from time to time, is hereby adopted by reference, as same may be amended from time to time.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12)