40E-6.021. Definitions

(1) The term “above ground facilities” when used in these rules is intended to mean any and all physical improvements or uses, whether man-made or natural (e.g. vegetation), that are extended above the existing surface of the ground.

(2) The term “change of ownership” when used in these rules is intended to mean the sale, purchase, or transfer of beneficial ownership of property adjacent to the District’s right of way relative to a right of way occupancy permit; or in the case of utilities, bridges, or other such public facilities, the sale, purchase, or transfer of responsibility.

(3) The term “easement” when used in these rules is intended to mean the District’s legal interest in the land for a specific limited use, such as access, construction, operation and maintenance of a canal or levee, access, stock piling of spoil material, or flowage of the land of another.

(4) The term “fee” ownership when used in these rules is intended to mean absolute and unconditional ownership by the District.

(5) The term “financial assurances” when used in these rules is intended to mean a cash bond to be held by the District in a non-interest bearing account, a performance bond issued by a licensed bonding company, a letter of credit issued by a financial institution authorized to do business in the State of Florida, or other such instrument approved by the District.

(6) The term “marina” when used in these rules is intended to mean a docking facility for four (4) or more watercraft.

(7) The term “modification” when used in these rules is intended to mean the addition or deletion of any facilities or uses not specifically authorized by the original permit.

(8) The term “notice general permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District for specific types of uses, with limited review by District staff, as set forth herein, and not requiring Governing Board approval.

(9) The term “owner” when used in these rules is intended to mean the individual or entity legally responsible for the ownership and control of the facility or authorized use.

(10) The term “permit transfer” when used in these rules is intended to mean the changing of responsibility for the permit authorization from one person or entity to another.

(11) The term “public works project” when used in these rules is intended to mean projects such as bridges, roads, utilities, and parks.

(12) The term “right of way” when used in these rules is intended to mean those lands acquired by the District in fee, easement, or other type of grant, for the purpose of construction, operations and maintenance of works of the District including, but not limited to, canals, levees, water control structures, spoil areas, Stormwater Treatment Areas (STAs), and access roads.

(13) The term “right of way occupancy permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District, either by a notice general permit or a standard permit.

(14) The term “safety features” when used in these rules is intended to mean those appurtenances/facilities associated with public work projects such as signage, guardrails, bollards, signalization, handrails and lighting/security poles.

(15) The term “STA” when used in these rules is intended to mean the District’s Everglades Nutrient Removal Project (“ENR”), as well as those areas currently, or in the future, designated by the District as Stormwater Treatment Area’s.

(16) The term “staging area” when used in these rules is intended to mean that portion of land, 100' in length, for the entire width of the District’s right of way, located on the upstream and downstream sides of all bridge and pile-supported utility crossings.

(17) The term “standard permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District for all uses not covered by a notice general permit, with a full review by District staff, as set forth herein, and requiring Governing Board approval.

(18) The term “top of bank” when used in these rules is intended to mean the point at which the flat or nearly level ground surface transitions down to the channel along the side slope of the canal bank.

(19) The term “tree” when used in these rules is intended to mean not only the trunk of the tree, but the farthest part of the canopy of the tree at maturity as well.

(20) The term “utility” when used herein means entities providing water, electric, telephone, fiber optic/cable, sewer, or natural gas services.

(21) The term “violator” when used in these rules is intended to mean any persons or entities acting contrary to the provisions of Chapter 373, F.S., these rules, as well as the provisions of any permit issued pursuant to these rules.

(22) The term “works of the District” when used in these rules is intended to mean the canals, levees, structures, lands, water bodies, and other associated facilities which have been adopted as such by the District’s Governing Board.

(23) The term “Zone 1” when used in these rules is intended to mean the canal channel from the top of bank to the opposite top of bank, as depicted in subsection 40E-6.011(7), F.A.C.

(24) The term “Zone 2” when used in these rules is intended to mean the point on the right of way from the top of bank to a point five (5) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(25) The term “Zone 3” when used in these rules is intended to mean the point on the right of way from a point five (5) feet landward from top of bank to a point twenty (20) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(26) The term “Zone 4” when used in these rules is intended to mean the point on the right of way from a point twenty (20) feet landward from top of bank to a point forty (40) feet landward, as depicted in subsection 40E-6.011(7), F.A.C.

(27) The term “Zone 5” when used in these rules is intended to mean any right of way located farther than forty (40) feet from the top of bank, as depicted in subsection 40E-6.011(7), F.A.C.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History–New 9-15-99, Amended 7-12-06, 8-12-13.