Florida Administrative Code (Last Updated: October 28, 2024) |
40. Water Management Districts |
40D. Southwest Florida Water Management District |
40D-1. Procedural |
1Unless expressly exempt by law or District rule, or authorized pursuant to Section 14403.814(12), F.S., 16the following permits shall be obtained from the District prior to commencement of the following activities:
32(1) A water use permit (WUP) under Chapter 40D-2, F.A.C., must be obtained prior to the consumptive use of water;
52(2) A well construction permit under Chapter 40D-3, F.A.C., must be obtained prior to the construction, repair or abandonment of a well.
74(3) An individual, or general permit under 81Chapter 62-330, F.A.C., for activities occurring as of October 1, 2013, or a permit under 96Chapters 40D-4 or 40D-40, F.A.C., 101for activity grandfathered under the provisions of Sections 109373.4131(4), 110373.414(11), 111(12)(a), (13), (14), (15), or (16), F.S., 118must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface water 133or stormwater 135management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling, as prescribed by 151Chapter 62-330, F.A.C., or 155District rules. An individual permit is required for the establishment and operation of mitigation banks.
170(4) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on state-owned lands. Such authorization shall be reviewed by the District for activities which also require an environmental resource permit (ERP) or exemption under Chapters 62-330, 40D-4, or 40D-40, F.A.C., or a permit under Sections 222373.414(11)-223(16), F.S., under Section 227373.427, F.S., 229Chapters 18-20 and 18-21 and Rules 23562-312.065 236and 23762-343.075, 238F.A.C.
239Rulemaking Authority 241373.044, 242373.113, 243373.118, 244373.149, 245373.171, 246373.4136, 247373.414, 248373.418 FS. 250Law Implemented 252373.106, 253373.118, 254373.171, 255373.216, 256373.219, 257373.308, 258373.323, 259373.413, 260373.4136, 261373.414, 262373.416, 263373.418, 264373.426, 265380.06(9) FS. 267History–New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05, 6-29-14, 2-18-15.
Historical Versions(2)
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Related DOAH Cases (5)
- 03-001610 Desoto Citizens Against Pollution, Inc., And Alan Behrens vs. Imc Phosphates, Inc., And Department Of Environmental Protection
- 03-000805 Desoto Citizens Against Pollution, Inc. vs. Imc Phosphates Company And Department Of Environmental Protection
- 03-000804 Alan R. Behrens vs. Imc Phosphates Company And Department Of Environmental Protection
- 03-000792 Charlotte County vs. Imc Phosphates Company And Department Of Environmental Protection
- 03-000791 Peace River/Manasota Regional Water Supply Authority vs. Imc Phosphates Company And Department Of Environmental Protection