§ 15-604. Exemptions.

These regulations and the requirement to obtain a permit hereunder shall not apply to the following:

(1)

Any boat ramp, the construction and use of which commenced prior to September 24, 1993, which is otherwise in compliance with any applicable local, state or federal laws existing prior to September 24, 1993.

(2)

The maintenance or minor repairs to any currently usable structure which is part of a properly permitted boat ramp or boat ramp facility, as defined under this article, so long as such maintenance or minor repairs is done in a manner consistent with the intent of this article and to the extent reasonably necessary in order to maintain or repair such structure for purposes of keeping in good condition the existing structure. This exemption shall not be construed to mean construction of a new structure where one (1) did not exist; new construction or additions to any structure which would increase the area of the existing structure; or any repairs to an existing boat ramp which would require replacement of more than fifty (50) percent of the existing boat ramp structure.

(3)

Any existing or proposed public, private, semi-private, or commercial boat ramp facility where:

a.

The owner or operator applied to a water management district or other state agency with jurisdiction, pursuant to F.S. ch. 373, pt. IV (1997) (or any predecessor or successor statute), for a permit for the boat ramp facility; and

b.

The permit application was the subject of a hearing before an administrative law judge pursuant to F.S. § 120.57(1) (1997) (or any successor statute); and

c.

The administrative law judge rendered a recommended order to the water management district or other state agency which contained a recommendation that the permit be issued, with or without conditions; and

d.

The permit was issued by the water management district or other state agency with jurisdiction.

(Ord. No. 93-23, § 4, 9-7-93; Ord. No. 98-18, § 1, 8-25-98)