40D-1.6105. Limiting Conditions

(1) All permits issued pursuant to these rules are contingent upon the continued ownership, lease, or other legal control of property rights in underlying, overlying, or adjacent lands, or the power to acquire such property rights through eminent domain.

(2) A permit may be assigned to a subsequent owner subject to all terms and conditions contained in such permit upon notification in writing to the District of such assignment, provided ownership, lease, or other control of all such lands is conveyed to the assignee and further provided that the assignee, by accepting such assignment, does assume responsibility for complying with all such terms and conditions. To assign an environmental resource permit issued prior to October 1, 2013, a subsequent owner must submit a Notification and Request for Transfer of Environmental Resource Permit Form, incorporated by reference in subsection 40D-4.351(1), F.A.C. To assign a water use permit, a subsequent owner must submit an Application to Transfer a Water Use Permit Form, incorporated by reference in subsection 40D-2.351(1), F.A.C. The assignee must also include the signature of the permittee(s) or a copy of the legally recorded deed(s) to all of the land covered by the permit. Copies of these forms may be obtained from the District’s website at www.watermatters.org or from the District offices.

(3) If only a part of such lands is so conveyed, or if the ownership, lease, or other legal control is divided, such permit shall immediately terminate unless the terms of the permit are modified by the District or the permit is transferred pursuant to District rules.

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.219, 373.413, 373.4135, 373.416 FS. History–New 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly 40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, 8-30-09, 11-2-09, 10-14-12, 2-18-15.