§ 24-48.2. Permit application forms; procedures.

There are two (2) types of application forms; short form and standard form. The general criteria for determining the type of application form required are based on the magnitude of the project, and its potential environmental impact. Unless waived by the municipality, the applicant's plans shall require municipal approval.

(I)

Short Form Permit Application:

(A)

When permissible: A short form permit application may be accepted by the Department of Environmental Resources Management for the following types of work:

(1)

The construction, repair, or replacement of seawalls or bulkheads, including the minimum filling or dredging necessary for installation, at the mean high water line or no more than 12 inches waterward of their existing location.

(2)

Construction or the placement of a single-family residence fixed or floating dock, davit, boat lift, mooring or fender pile, all of which are associated with a single family residence provided that none of the foregoing protrude into the water more than twenty-five (25) percent of the width of the waterway.

(3)

Repair, replacement or restoration of docks, piers, davits, boat lifts, mooring or fender piles, provided none of the foregoing protrude into the water more than twenty-five (25) percent of the width of the waterway.

(4)

Installation, repair or replacement of mooring buoys, when it is determined that the proposed work will not present a hazard to navigation.

(5)

All work requiring a class II, III, or VI permit.

(6)

Maintenance dredging projects where the dredged material is to be deposited on a self-contained upland site.

(7)

The placement of riprap in front of an existing seawall, bulkhead or shoreline, that does not otherwise qualify under Section 24-48(2).

(8)

Davit installation on a dock, seawall or bulkhead.

(9)

Repair or replacement of wave baffles at their original location and dimensions.

(10)

Construction or the placement of fixed or floating docks, piers, davits, boat lifts, mooring piles and fender piles in order to create fifty (50) or less boat slips at a new or existing boat docking facility other than a single-family residence, provided that the following criteria are adhered to:

(a)

None of the foregoing protrude into the water more than twenty-five (25) percent of the width of the waterway.

(b)

No dredging or filling is associated or required for the project.

A boat docking facility expansion may only be accepted as a short form application if the facility has not been physically expanded during the past two (2) years.

(11)

Installation of a subaqueous cable or pipeline crossing requiring the dredging and backfilling of ten thousand (10,000) cubic yards or less of material.

(12)

Any non-exempt installation of aids to navigation.

(13)

Repair of bridge fender systems.

(14)

Repair or replacement of an existing bridge.

(15)

Construction of artificial reefs.

(16)

Any non-exempt trimming or cutting or any other alteration of a mangrove tree(s) which is not a part of a coastal band community.

(17)

Clearing, farming, filling, dredging, plowing or any other work within wetlands requiring a class IV permit and not lying within the Bird Drive Everglades Wetland Basin or the North Trail Wetland Basin where the usage is consistent with existing zoning regulations and where the cumulative area upon which work will be performed does not exceed:

(a)

One (1) acre of wetlands in areas designated as "Environmental Protection" on the current Miami-Dade County Comprehensive Development Master Plan Map, or

(b)

Forty (40) acres of wetlands in areas designated as "Open Land" or "Agriculture" on the current Miami-Dade County Comprehensive Development Master Plan Map.

(18)

Rockmining in the Transitional Northeast Everglades, the East Turnpike Wetland Basin and the C-9 Wetland Basin, when said rockmining has been previously approved as an unusual use by Miami-Dade County. However, a short form application for said rockmining shall be permitted only when the design and development criteria for the proposed rockmining project do not conflict with the prior unusual use approval by Miami-Dade County.

(19)

Elevated boardwalks landward of the mean high water line.

(20)

Boat lift installation on a new or existing dock, seawall or bulkhead.

(21)

The clearing, farming, placement of clean fill, dredging, plowing or any other agricultural site alteration within the North Trail Wetland Basin or the Bird Road Drive Everglades Wetland Basin.

(22)

Clearing, placement of clean fill or dredging in wetlands associated with a modification of the Central and South Florida Flood Control Project, intended to restore historical patterns of hydrologic flow to Everglades National Park, Florida Bay or Biscayne Bay and performed by the State of Florida or the United States Government. Modifications intended to provide additional drainage of wetland areas shall be subject to the provisions of Section 24-48.2(II)(A).

(23)

All work requiring a class V permit.

(24)

Clearing, placement of clean fill, dredging or other work in wetlands or surface waters associated with the repair, replacement or maintenance of the Central and South Florida Flood Control Project, performed by the State of Florida or the United States Government.

(25)

Dredging and filling in wetlands or tidal waters for the sole purpose of environmental restoration or environmental enhancement.

(26)

The filling of privately owned boat notches, boat ramps or other manmade excavations into uplands in association with the installation of a seawall or bulkhead.

(27)

The construction of monitoring wells or stations in wetlands or tidal waters for the purpose of environmental monitoring or research unless otherwise exempt.

(28)

Work in wetlands or tidal waters associated with scientific studies conducted by public agencies, research, or academic institutions that does not otherwise qualify for approval under Section 24-48(1) or 24-48(2).

(29)

Filling at publicly-owned beaches for beach renourishment, beach restoration, or remediation of beach erosion.

(30)

The minimum dredging or filling in wetlands or tidal waters necessary for the repair or replacement of utility poles and lines.

(31)

All other work not specifically described in the list of projects requiring a standard form permit application or qualifying for approval under Section 24-48(1) or 24-48(2).

(B)

Application procedure (class I, class II, class III, class IV, class V, and class VI permits):

(1)

The applicant or the applicant's agent shall submit to the Department an application in such form as prescribed by the Department. Written consent of the upland property owner who possesses riparian rights to the area of the proposed work shall be submitted with the application for a class I permit. For removal and disposal of contaminated sediments from the Miami River and its tidal tributaries conducted by the U.S. Army Corps of Engineers and the local project sponsor in conjunction with maintenance dredging of the Miami River federal navigation channel, the written consent of the upland property owner who possesses riparian rights to the area of the proposed work or the written consent of the lessee who possesses riparian rights to the area of the proposed work shall be the equivalent of the aforesaid verification of the application. In such case, the local project sponsor shall be deemed and shall be the applicant for the purposes of this article. Written consent shall be in a form prescribed by the Director or the Director's designee. The written consent of the upland property owner who possesses riparian rights to the area of the proposed work or by the lessee of said upland property shall not be required for a class I permit application submitted by a federal, state, county, municipal, or other governmental entity for dredging projects to improve drainage in tidal waters of canals and rivers, provided, that the proposed work shall be performed only on submerged lands owned by the governmental entity submitting the class I permit application. Written consent of the owner of the property upon which the work is proposed shall be submitted with the application for a class IV permit on a form approved by the Departments. A public hearing by the Board of County Commissioners shall be held for a short form application if a written request therefore is filed with the Department of Environmental Resources Management prior to the Department's issuance of the permit. The written request for public hearing before the Board of County Commissioners shall include in the written request the specific Department of Environmental Resources Management pending permit application number. If no such written request is filed, the Department shall approve and issue, deny or approve and issue subject to conditions, limitations or restrictions, the work proposed under the permit application based upon the applicable evaluation factors set forth in Section 24-48.3 of this Code. If a timely request is filed, the Board of County Commissioners shall approve, approve with conditions, limitations or restrictions, or deny a permit for the proposed work after conducting said public hearing in accordance with the procedures set forth in Section 24-48.2(II)(C)(1), (2) and (3). A short form permit application shall include but not be limited to the following:

(a)

Two (2) or more complete sets of construction plans and calculations for the proposed work prepared by an engineer licensed in the State of Florida. Said plans and calculations shall be subject to review and approval by the Department. Said plans and calculations may be prepared by an architect licensed in the State of Florida for work described in Section 24-48.2(I)(A)(4), (6), (7), (8), (9), (12), (16), (17), (21), (25), (26), (27), and (28). Said plans and calculations may be prepared by a land surveyor licensed in the State of Florida for the work described in Section 24-48.2(I)(A)(17), (18), (21), (23), (25), (27), (28) and (30). Applicants for permits to perform rockplowing or other agricultural site alterations as described in Section 24-48.2(I)(A)(17) and (21) are exempt from submitting plans prepared by an architect or engineer only if said rockplowing or agricultural site alteration does not involve the construction of any roads built at elevations higher than natural surface elevations, fill pads, culverts, or structures of any type; excavation of any borrow pits, ditches or canals; or the construction of any other drainage facilities or drainage structures. Short form applications for rockplowing or other agricultural site alteration which meet the requirements of this provision may substitute sketches or plans of the proposed work. Said sketches or plans shall be in sufficient detail to identify the type of the proposed work, location of the proposed work and whether or not the proposed work complies with all applicable development criteria and management practices. Work limited exclusively to the trimming or cutting of a mangrove tree(s) is exempt from this requirement.

(b)

A check in the amount of the required application fee payable to Miami-Dade County.

(c)

Evidence of ownership or a lease of the upland and submerged land, or evidence of ownership or a lease of the wetland upon which work is proposed. Said evidence of ownership may include, in the discretion of the Department, an affidavit of ownership executed by the owner of the property. For proposed work on submerged lands owned by a federal, state, county, municipal, or other governmental entity, evidence of ownership or a lease of the upland and a.) the written consent of the federal, state, county, municipal, or other government entity owning the submerged lands upon which the work is proposed or, b.) lease from the federal, state, county, municipal, or other governmental entity owning the submerged lands upon which the work is proposed, shall be required. Written consent shall be in a form prescribed by the Director or the Director's designee. For removal and disposal of contaminated sediments from the Miami River and its tidal tributaries conducted by the U.S. Army Corps of Engineers and the local project sponsor in conjunction with maintenance dredging of the Miami River federal navigation channel, the written consent of the owner or lessee of the submerged lands and the written consent of the owner or lessee of the upland who possesses riparian rights to the area of the proposed work shall be deemed to satisfy the requirements of this paragraph. The written consent shall be in a form prescribed by the Director or the Director's designee.

(d)

If the proposed work is within an incorporated area, a substantiating letter or plan approval shall be submitted, as part of the permit application, from the zoning authority of the incorporated area. If the proposed work is within an unincorporated area, a substantiating letter or plan approval from Miami-Dade County Department of Planning and Zoning shall be submitted as part of the permit application. Said substantiating letter shall state that the proposed usage of the property upon which the proposed work would occur does not violate any zoning law applicable to the area of the proposed work. Applications by the Federal Government, the Florida Department of Transportation, Department of Environmental Protection or the South Florida Water Management District or a municipality or the County within its own jurisdiction, shall not be required to submit the above described substantiating letter or plan approval from the local zoning authority. For Class V projects and work limited exclusively to the trimming, cutting or alteration of mangrove tree(s), a substantiating letter or plan approval shall not be required.

(e)

If the work is limited exclusively to the trimming, or alteration of a mangrove tree(s), a sketch shall be prepared by a licensed landscape architect which delineates the property lines of the upland owner, the location and size of all existing mangrove tree(s) on the site and the nature, degree, and methodology of the proposed trimming or cutting. If the proposed work involves trimming or cutting of less than five (5) mangrove tree(s) or involves the trimming of mangrove tree(s) for a property line survey, the sketch may be prepared by a person other than a licensed landscape architect.

(f)

For all proposed work involving the placement of clean fill within the Bird Drive Everglades Wetland Basin or the North Trail Basin, a maintenance plan shall be submitted which shall include:

(i)

A description of how the stormwater management system shall be maintained in a functional condition,

(ii)

Treatment and control techniques as well as a management schedule to ensure that all of the stormwater management areas will be maintained free from exotic plant species, and

(iii)

A description of how the stormwater management system shall be kept free of solid waste.

(g)

For all proposed work which involves the placement of more than four (4) inches of fill above the seasonal high water table in the area(s) of the subject property designated as the stormwater management area(s), a report prepared by an engineer licensed in the State of Florida shall be submitted. Said report shall demonstrate the consistency of the site plan with the goals and requirements of either the North Trail Basin Fill Enforcement and Water Management Criteria (for properties located within the North Trail Basin), or with the Bird Drive Everglades Basin Fill Encroachment and Water Management Criteria (for properties located within the Bird Drive Everglades Wetland Basin).

(h)

In lieu of constructing an on-site stormwater management system to satisfy the North Trail Basin Fill Encroachment and Water Management Criteria, the Bird Drive Everglades Basin Fill Encroachment and Water Management Criteria or the Basin B Fill Encroachment and Water Management Criteria, persons who own parcels which parcels have been continuously four and one half (4.5) acres or less in size in any of the aforesaid basins since September 30, 1997 are eligible to contribute a to the Miami-Dade County Stormwater Compensation Trust Fund. The amount of the contribution shall be in accordance with an administrative order of the County Manager as approved by the Board of County Commissioners.

(i)

Evidence that a public notice of filing of a class I permit application in a form approved by the Director or the Director's designee which describes the nature and location of the proposed work has been published in a newspaper of general circulation in Miami-Dade County is required for class I permit applications submitted by federal, state, county, municipal, or other governmental entity for dredging projects to improve drainage in tidal waters of canals and rivers, when the work proposed will be performed only on submerged lands owned by the governmental entity submitting the class I permit application, and when the written consent of the upland property owner who possesses riparian rights to the area of the proposed work has not been obtained.

(2)

In addition, the following supplemental information may, at the discretion of the Department, be required to be submitted with a short form permit application:

(a)

A written statement signed and sealed by an engineer licensed in the State of Florida, who is qualified by education and experience in the area of engineering design and inspection, that:

(i)

To the best of the engineer's knowledge and belief, the proposed work does not violate any laws, rules, or regulations of the State of Florida or any provisions of the Code of Miami-Dade County which may be applicable; that diligence and recognized standard practices of the engineering profession have been exercised in the engineer's design of the proposed work; and in the opinion of the engineer, based upon his knowledge and belief, the following will not occur:

1.

Harmful obstruction or undesirable alteration of the natural flow of the water within the area of the proposed work.

2.

Harmful or increased erosion, shoaling of channels or stagnant areas of water. (Not applicable to class IV permits.)

3.

Material injury to adjacent property.

4.

Harmful effect upon the water quality within the receiving water body of the emergency overflow from a stormwater retention system. (Applicable to class II permits only.)

5.

Adverse environmental impacts from changes in water quality or quantity. (Applicable to class IV permits only.)

(ii)

The engineer has been retained by the applicant to provide inspections throughout the construction period and to prepare a set of reproducible record prints of drawings showing changes made during the construction process based upon the marked-up prints, certified surveys drawings and other data furnished by the contractor to the engineer.

(b)

A covenant running with the land in favor of Miami-Dade County executed by the owner(s) of the property. The covenant shall be in a form approved by the Director. All covenants submitted pursuant to this provision shall be executed by the owner(s) of the property, accepted by the Director or Director's designee, and recorded in the Official Records of Miami-Dade County at the expense of the owner(s) of the property. Said covenant shall not be released or modified without the written consent of the Director. Said covenant shall restrict development or alteration of the property to a designated portion of the property and may include conditions for the environmental protection and environmental management of designated portions of the property.

(c)

A comprehensive environmental impact statement, if required pursuant to Section 24-7(25).

(d)

If, in the opinion of the Director, inadequate information has been provided to evaluate the proposed work, or adverse environmental impact may occur as a result of the proposed work, the Director, before making a recommendation as to the application, shall require the applicant to conduct a coastal engineering study or water quality study or biological study or groundwater study. Said studies shall be a part of the permit application.

(e)

For all proposed work within the North Trail Basin or the Bird Drive Everglades Wetland Basin, a covenant running with the land in favor of Miami-Dade County, in a form approved by the Board of County Commissioners, shall be executed. Said covenant may only be released or modified by action of the Board of County Commissioners and shall provide for the protection and maintenance of the stormwater management area of the subject property.

(II)

Standard Form Permit Application:

(A)

A standard form permit application shall be required for the following types of work. A standard form permit application shall also be required for all short form permit applications for which a public hearing has been requested pursuant to Section 24-48.2(I)(B)(1).

(1)

Any non-maintenance dredging of submerged lands exceeding 100 square feet in area not specifically described under Section 24-48(1) or 24-48.2(I).

(2)

Construction or the placement of a fixed or floating dock, davit, boat lift, mooring or fender pile protruding more than twenty-five (25) percent into the width of the waterway.

(3)

Filling within tidal waters or wetlands supporting halophytic vegetation not specifically described under Sections 24-28(1) or 24-48.2(I).

(4)

Construction or the placement of fixed or floating docks, piers, davits, boat lifts, mooring piles and fender piles in order to create fifty (50) or more boat slips at a new or existing boat docking facility.

(5)

Any non-exempt trimming or cutting or any alteration of a mangrove tree(s) which is a part of a coastal band community.

(6)

Clearing, farming, filling, dredging, plowing or any other work within wetlands requiring a class IV permit where cumulative area upon which work will be performed exceeds:

(a)

One (1) acre of wetlands in areas designated as "Environmental Protection" on the current Miami-Dade County Comprehensive Development Master Plan Map, or

(b)

Forty (40) acres of wetlands in areas designated as "Open Land" or "Agriculture" on the current Miami-Dade County Comprehensive Development Master Plan Map unless otherwise noted herein.

(7)

The installation of new bridges over tidal waters.

(8)

Applications for variances of prohibited floating structures and prohibited fixed structures as required by Section 24-48.25.

(B)

The applicant or the applicant's agent shall submit to the Department an application in such form as prescribed by the Department. Written consent of the upland property owner who possesses riparian rights to the area of the proposed work shall be submitted with the standard form application for a class I permit. For removal and disposal of contaminated sediments from the Miami River and its tidal tributaries conducted by the U.S. Army Corps of Engineers and the local project sponsor in conjunction with maintenance dredging of the Miami River federal navigation channel, the written consent of the upland property owner who possesses riparian rights to the area of the proposed work or the written consent of the lessee who possesses riparian rights to the area of the proposed work shall be required. In such case, the local project sponsor shall be deemed and shall be the applicant for the purposes of this article. Written consent shall be in a form prescribed by the Director or the Director's designee. Written consent of the upland property owner who possesses riparian rights to the area of the proposed work or by the lessee of said upland property shall not be required for a class I permit application submitted by a federal, state, county, municipal, or other governmental entity for dredging projects to improve drainage in tidal waters of canals and rivers, provided, that the proposed work shall be performed only on submerged lands owned by the governmental entity submitting the class I permit application. Written consent of the owner of the property upon which the work is proposed shall be submitted with the standard form application for a class IV permit. All permit applications shall be submitted to the Department in such form as prescribed by the Department. A standard form permit application shall include, but not be limited to, the following:

(1)

Evidence of ownership or a lease of the upland and submerged land, or evidence of ownership or a lease of the wetland upon which work is proposed. Said evidence of ownership may include, in the discretion of the Department, an affidavit of ownership executed by the owner of the property. For proposed work on submerged lands owned by a federal, state, county, municipal, or other governmental entity, evidence of ownership or a lease of the upland and a.) the written consent of the federal, state, county, municipal, or other government entity owning the submerged lands upon which the work is proposed or, b.) lease from the federal, state, county, municipal, or other governmental entity owning the submerged lands upon which the work is proposed, shall be required. Written consent shall be in a form prescribed by the Director or the Director's designee. For removal and disposal of contaminated sediments from the Miami River and its tidal tributaries conducted by the U.S. Army Corps of Engineers and the local project sponsor in conjunction with maintenance dredging of the Miami River federal navigation channel, the written consent of the owner or lessee of the submerged lands and the written consent of the owner or lessee of the upland who possesses riparian rights to the area of the proposed work shall be deemed to satisfy the requirements of this paragraph. The written consent shall be in a form prescribed by the Director or the Director's designee.

(2)

Three (3) copies of a plan or sketch of the proposed structure or work. For class I permits this shall include the locations of the mean high water line, mean low water line, the property lines of the upland owner, and soundings made in the surrounding water areas, corrected to mean low water datum. For work which involves the trimming or cutting of a mangrove tree(s), the sketch or plan shall delineate the location and size of all existing mangrove tree(s) on the site and the nature, degree and methodology of the proposed trimming or cutting.

(3)

A written statement signed by the permit applicant or the applicant's authorized agent stating that, if approval is granted for the proposed work by the Board of County Commissioners, complete and detailed plans and calculations of the proposed work shall be prepared by an engineer licensed in the State of Florida in accordance with the minimum requirements of this chapter. Said plans and calculations shall be subject to the review and approval of the Department. Said written statement shall state that the applicant will secure the services of a licensed engineer to conduct inspections throughout the construction period, and that said engineer shall prepare all required drawings of record. This statement shall also provide that for work which involves cutting or trimming of a mangrove tree(s), a detailed plan of the proposed cutting or trimming shall be prepared by a licensed landscape architect and submitted to the Department for review and approval, and that the applicant will secure the services of a licensed landscape architect to supervise the trimming or cutting.

(4)

A written statement signed and sealed by an engineer licensed in the State of Florida, who is qualified by education and experience in the area of engineering design and inspection, that:

(a)

To the best of the engineer's knowledge and belief, the proposed work does not violate any laws, rules or regulations of the State of Florida or any provisions of the Code of Miami-Dade County which may be applicable; that diligence and recognized standard practices of the engineering profession have been exercised in the engineer's design of the proposed work; and in the opinion of the engineer, based upon his knowledge and belief, the following will not occur:

(i)

Harmful obstruction or undesirable alteration of the natural flow of the water within the area of the proposed work.

(ii)

Harmful or increased erosion, shoaling of channels or stagnant areas of water. (Not applicable to class IV permits.)

(iii)

Material injury to adjacent property.

(iv)

Adverse environmental impacts from changes in water quality or quantity. (Applicable to class IV permits only.)

(b)

The engineer has been retained by the applicant to provide inspections throughout the construction period and to prepare a set of reproducible record prints of drawings showing changes made during the construction process based upon the marked-up prints, certified surveys, drawings, and other data furnished by the contractor to the engineer. Work limited exclusively to the cutting or trimming of a mangrove tree(s) is exempt from the requirements of Section 24- 48.2(II)(B)(4)(a) and (b).

(5)

Names and addresses from the most current County tax rolls of owners of all riparian or wetland property within three hundred (300) feet of the proposed work.

(6)

A check in the amount of the required application fee payable to Miami-Dade County.

(7)

If the proposed work is within an incorporated area, a substantiating letter or plan approval shall be submitted, as part of the permit application, from the applicable zoning authority of the incorporated area. If the proposed work is within an unincorporated area, a substantiating letter or plan approval from Miami-Dade County Department of Planning and Zoning shall be submitted as part of the permit application. Said substantiating letter shall state that the proposed usage of the property upon which the proposed work would occur does not violate any zoning law applicable to the area of the proposed work. Applicants for class I permits shall have the option of submitting the above described substantiating letter or plan approval from the applicable zoning authority after obtaining approval from the Board of County Commissioners but prior to permit issuance. Applications for class I or class IV permits by the State of Florida Department of Transportation and the Federal Government, the State of Florida Department of Environmental Protection or the South Florida Water Management District or a municipality or the County within its own jurisdiction shall not be required to submit the above described substantiating letter from the local zoning authority.

(8)

For all proposed work involving the placement of clean fill within the Bird Drive Everglades Wetland Basin or the North Trail Basin, a maintenance plan shall be submitted which shall include:

(a)

A description of how the stormwater management system shall be maintained in a functional condition,

(b)

Treatment and control techniques as well as a management schedule to ensure that all of the stormwater management areas will be maintained free from exotic plant species, and

(c)

A description of how the stormwater management system shall be kept free of solid waste.

(9)

For all proposed work which involves the placement of more than four (4) inches of fill above the seasonal high water table in the area(s) of the subject property designated as the stormwater management area(s), a report prepared by an engineer licensed in the State of Florida shall be submitted. Said report shall demonstrate the consistency of the site plan with the goals and requirements of either the North Trail Basin Fill Encroachment and Water Management Criteria (for properties located within the North Trail Basin), or with the Bird Drive Everglades Basin Fill Encroachment and Water Management Criteria (for properties located within the Bird Drive Everglades Wetland Basin).

(10)

In addition, the following supplemental information may, at the discretion of the Department, be required to be submitted with a standard form permit application:

(a)

If, in the opinion of the Director, inadequate information has been provided to evaluate the proposed work, or adverse environmental impact may occur as a result of the proposed work, the Director, before making a recommendation as to the application, shall require the applicant to conduct a coastal engineering study or water quality study or biological study. Said studies shall be a part of the permit application.

(b)

If requested by the Director, a coastal resources management line shall be determined for the property upon which work requiring a class I permit is proposed. Said line shall be determined according to scientifically recognized ecological techniques and said line shall be subject to approval by the Department. Said line shall identify those areas where detrital cycles contribute to the ecological productivity of coastal waters.

(c)

A covenant running with the land in favor of Miami-Dade County executed by the owner(s) of the property. Said covenant shall be subject to the approval of the Board of County Commissioners and shall not be released or modified without the consent of the Board of County Commissioners. Said covenant shall restrict development or alteration of the property to a designated portion of the property and may include conditions for the environmental protection and environmental management of designated portions of the property.

(d)

A comprehensive environmental impact statement, if required pursuant to Section 24-7(25).

(11)

The applicant, in his or her discretion, may provide evidence of public interest or public economic values relating to the proposed work.

(12)

For all proposed work within the North Trail Basin or the Bird Drive Everglades Wetland Basin, a covenant running with the land in favor of Miami-Dade County, in a form approved by the Board of County Commissioners, shall be executed. Said covenant may only be released or modified by action of the Board of County Commissioners and shall provide for the protection and maintenance of the stormwater management area of the property.

(C)

Obtaining approval from the Board of County Commissioners:

(1)

The Director shall review the permit application for the proposed work and shall make a recommendation to the Board of County Commissioners of approval, denial, or approval subject to conditions, limitations or restrictions for the proposed work. The Director's recommendation shall be based upon the applicable evaluation factors set forth in Section 24-48.3 of this Code. The Board of County Commissioners or Community Zoning Appeals Board pursuant to Section 33-13 shall hold a public hearing concerning the proposed work. A notice of the time and place of said public hearing shall be published in a newspaper of general circulation in Miami-Dade County a minimum of seven (7) days prior to the public hearing. Said notice shall include a brief description of the proposed work and the location of the proposed work. A courtesy notice containing substantially the same information set forth in said published notice shall be mailed to those parties whose names appear on the application as the owners of all riparian or wetland property within three hundred (300) feet of the proposed work. Failure to mail or receive said courtesy notice shall not affect any action or proceeding taken thereunder. The Board of County Commissioners or Community Zoning Appeals Board pursuant to Section 33-13 shall, after holding the public hearing, approve, deny, or approve subject to conditions, limitations or restrictions, the work proposed under the permit application based upon the applicable evaluation factors set forth in Section 24-48.3 of this Code.

(2)

If the Board of County Commissioners or Community Zoning Appeals Board pursuant to Section 33-13 approves a permit application, the Department of Environmental Resources Management shall issue the permit subject to the conditions, limitations or restrictions required by the Community Zoning Appeals Boards or Board of County Commissioners. The Department of Environmental Resources Management, in its discretion, may require additional conditions, limitations and restrictions as part of the permit only if said additional conditions, limitations or restrictions are consistent with the action of the Board of County Commissioners or Community Zoning Appeals Board with respect to the permit.

(3)

At the request of a permit applicant, a conclusive list of permit conditions, limitations, and restrictions, which may not be amended or modified by the Department of Environmental Resources Management except as provided in Section 24-48.2(II)(C)(3)(b), below, shall be prepared prior to the public hearing and shall be submitted to the Board of County Commissioners or Community Zoning Appeals Board pursuant to Section 33-13 as part of the Director's recommendation of approval, provided that the permit application includes the following:

(a)

All requirements set forth in Section 24-48.5(2)(a) and (b).

(b)

A verified statement by the permit applicant that the proposed work shall commence within three (3) months of approval of said permit by the Board of County Commissioners or Community Zoning Appeals Board pursuant to Section 33-13 and that if the work does not commence within three (3) months of the date of approval of said permit by the Board of County Commissioners or Community Zoning Appeals Board, then the Department of Environmental Resources Management may, in its discretion, require additional conditions, restrictions, and limitations as to the permit other than those described in the aforesaid list. All such additional conditions, restrictions, and limitations shall be consistent with the action of the Board of County Commissioners or Community Zoning Appeals Board with respect to the permit.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 06-8, §§ 1, 2, 1-24-06; Ord. No. 07-175, § 1, 12-4-07; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12)