News Alert…Opportunity to Extend Permits due to Algae Blooms Extended by Another 60 days
Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once a State of Emergency is declared for the length of time the declaration is in effect plus an additional six (6) months. A written request for such an extension must be submitted to the authorizing agency within 90 days after the State of Emergency has expired. § 252.363(1)(b), Florida Statutes.
On June 29, 2016, the Governor issued Executive Order No. 16-155, declaring a 60 day State of Emergency due to the blue green algae blooms in waterways connected to Lake Okeechobee in Martin and St. Lucie Counties. On June 30, 2016, the Governor also issued Executive Order No. 16-156, expanding the State of Emergency to include Lee and Palm Beach Counties. The duration of the Executive Orders was subsequently extended by an additional 60 days pursuant to Executive Order No. 16-204 on August 29, 2016. The Governor further extended the duration of the state of emergency by another 60 days on October 28, 2016 pursuant to Executive Order No. 16-235.
Applicants wishing to extend their permit in one of these counties for a total of 6 months and 180 days under Executive Order Nos. 16-155, 16-156, and 16-204 must submit a written request to the authorizing agency by March 27, 2017, unless the executive orders are extended further.
If you are a permit holder in one of the counties listed above and believe you may be eligible for an extension under Executive Order Nos. 16-155, 16-156, 16-204, and 16-235 please do not hesitate to contact an attorney in our Land Use and Local Government or Environmental and Water practice groups.