Florida Bulk Transmission Land Access(3-FL)
In Florida, a bulk transmission developer may need a State Land Easement from the Division of State Lands to access state lands. A developer may also need a Utility Permit from the Florida Department of Transportation to build, modify, add, operate or relocate a new or existing utility on a state highway right-of-way.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||A public utility may need a State Land Easement to access state lands. A “public utility” includes “every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity…to or for the public within this state.” 366.02 FL § 366.02(1).|
|State Land Right-of-Way Agency:||Florida Board of Trustees Internal Improvement Trust Fund, the state agency with jurisdiction over the land, and the Florida Department of Environmental Protection’s Division of State Lands|
|State Highway Right-of-Way:||Utilities may need a Utility Permit to construct, alter, operate, relocate, remove, or maintain a utility within the right-of-way of a public road or publicly owned rail corridor. A “utility” includes “all active, deactivated or out-of-service electric transmission lines…and pole lines…owned by the Utility.” Fla. Code. Ann. § 14-46.001, FDOT, Utility Accommodation Manual (2017) § 1.2.|
|State Highway Right-of-Way Agency:||Florida Department of Transportation|
|Eminent Domain:||A utility constructing a transmission line may exercise the power of eminent domain. Fla. Stat. § 74.011|
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