40A-44.021. Definitions  


Effective on Tuesday, August 06, 2013
  • 1(1) 2“Best management practices for agriculture” means those conservation, management and operational practices identified for agriculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Title 5M, F.A.C.

    41(2) “43Best management practices for forestry” means those conservation, management and operational practices identified for silviculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted under Chapter 5I-6, F.A.C.

    82(3) “Class I Waters” means those surface waters listed pursuant to Rule 9462-302.400, 95F.A.C.

    96(4) “Endangered Species” means those plants, fish and wildlife listed pursuant to paragraph 1095B-40.0055(2)(a) 110and Rule 11268A-27.003, 113F.A.C., Section 115581.185(2)(b), F.S., 11750 CFR 17.11, 120and 12150 CFR 17.12.

    124(5) “Existing Facility” means a dam, impoundment, reservoir, appurtenant work, or works that were constructed under authorization by the District, or constructed before October 1, 1984, and that has been used and maintained within the 3 years prior to application for a permit under subsection 16940A-44.301(4), 170F.A.C.

    171(6) “Farm Pond” means a pond located on a farm and used for farm purposes.

    186(7) “Farm Purposes” means and includes farm water supply, erosion control, fish and wildlife enhancement or flood control.

    204(8) “Farm Water Supply” means water used for irrigation, livestock watering, fire protection or general on-farm use.

    221(9) “Outstanding Florida Waters” means those surface waters listed pursuant to Rule 23362-302.700, 234F.A.C.

    235(10) “Projects” means one or more agricultural or forestry activities resulting in the construction, operation and maintenance, alteration, modification or abandonment of structures or works for the sole or predominant purpose or effect of impounding, draining, or obstructing surface waters.

    275(11) “Species Of Special Concern” means those fish and wildlife listed pursuant to Rule 28968A-27.005, 290F.A.C.

    291(12) “Steephead Ravines” means those highly distinctive stream valleys as described in “A Ecological Characterization of the Florida Panhandle,” U.S. Fish and Wildlife Service Biological Report 88(12), U.S. Fish and Wildlife Service, 1988, which is hereby incorporated by reference. A copy of which can  be obtained from 339http://www.flrules.org/Gateway/Reference.asp?No=Ref-02991 340or the District’s website www.nwfwater.com.

    345(13) “Threatened Species” means those plants, fish and wildlife listed pursuant to paragraph 3585B-40.0055(2)(b), 359F.A.C., 36050 CFR 17.11, 363and 36450 CFR 17.12.

    367(14) “Wetlands” means those areas that are inundated or saturated by surface or ground water with a frequency sufficient to support, and under normal circumstances do or would support, a prevalence of vegetation or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction, such as swamps, marshes, bayheads, cypress ponds, sloughs, wet prairies, wet meadows, river overflows, mud flats and natural ponds.

    434Rulemaking Authority 436373.113, 437373.418 FS. 439Law Implemented 441373.413, 442373.416, 443373.418, 444373.426 FS. 446History–New 10-1-84, Amended 7-1-92, 3-30-94, 8-6-13.

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