1. (1) In order for alterations or activities to be exempt from permitting under Section 373.406(2), F.S., all of the following criteria must be met, as determined by the Department:

   1. (a) The landowner must be engaged in the occupation of agriculture, silviculture, floriculture, or horticulture;
   2. (b) Alterations to the topography of the land must be for purposes consistent with the normal and customary practice of such occupation in the area; and,
   3. (c) The alteration or activity may not be for the sole or predominant purpose of impeding or diverting the flow of surface waters or adversely impacting wetlands.
2. (2) The Department shall not establish, by policy or practice, standardized threshold acreage impacts to wetlands or other surface waters, as a basis to deny exempt status to the activity or activities subject to review. The Department shall consider each disputed activity on a case-by-case basis, including the extent and nature of potential or actual impacts.

Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History–New 10-14-12.