Policy and Purpose, Consent Required, Exemptions, Publications Incorporated by Reference, Conditions for Issuance of Standard Permits, Duration of Permits, Modification of Permits, Emergency Measures, Unlawful Use and Civil Penalties, Permit ...
WATER MANAGEMENT DISTRICTS
South Florida Water Management DistrictRULE NO.: RULE TITLE:
40E-6.011 Policy and Purpose
40E-6.041 Consent Required
40E-6.051Exemptions
40E-6.091 Publications Incorporated by Reference
40E-6.221 Conditions for Issuance of Standard Permits
40E-6.321 Duration of Permits
40E-6.331 Modification of Permits
40E-6.481 Emergency Measures
40E-6.501 Unlawful Use and Civil Penalties
40E-6.601 Permit Application Processing Fees40E-6.701 C-18 Policy and Purpose
40E-6.721 C-18 Permits Required
40E-6.741 C-18 Limiting Conditions
40E-6.751 C-18 Use ZonesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39 No. 70, April 10, 2013 issue of the Florida Administrative Register.
These changes are in response to comments received from the Joint Administrative Procedures Committee.
40E-6.011 Policy and Purpose
(1) through (5) No change.
(6)In the past, the District has authorized certain above-ground facilities and uses on its rights of way within a 40 foot wide area adjacent to the top of bank, as set forth in subsection (4), above. However, over time and with experience gained in disaster preparation, operation and recovery, the District has determined that these previously authorized above ground facilities and uses are now inconsistent with the current and future operation and maintenance needs of the District. These facilities and uses have also been determined by the District to increase the operation and maintenance costs (for both routine and emergency operation and maintenance activities) and pose a significant additional physical burden on District staff. Subject to those uses specifically allowed in the Right of Way Criteria Manual for Use or Occupancy of the Works or Lands of the District (Criteria Manual), no future authorizations by the District shall allow above-ground facilities or uses within that 40 foot wide area adjacent to the top of bank within the right of way, and all previous authorizations for facilities and uses shall be expressly limited to minimize their adverse impact on District operations and maintenance. Specifically, such authorizations shall not be modified or transferred, and shall be subject to the revocation provisions set forth herein as determined necessary by the District in order to meet its current and future operation and maintenance responsibilities to provide adequate flood protection to the community.
(7) through (11) No change.
40E-6.041 Consent Required
(1) through (2) No change.
(3)These rules do not apply to:
(i) No change.
(ii) Property managed by the District pursuant to the District's Real Estate or leasing policies, except as otherwise limited by Rule 40E-6.221(9)(8), F.A.C.
(4) through (6) No change.
40E-6.051 Exemptions
(1)The following uses are exempt from permitting under this chapter where such facilities and uses comply with the criteria contained in the Criteria Manual, incorporated by reference document listed in subsection 40E-6.091(1), F.A.C.:
(a) The planting or maintenance of native or drought and insect resistant turf grasses;
(b) Drain lines (pool, roof, air-conditioning);
(c) Low lying groundcover in certain zones; and
(d) Irrigation lines, flush or pop-up sprinklers, draft lines.; and
(e) Not-for-profit, organized boat races, regattas and similar activities.
(2) through (4) No change.
40E-6.091 Publications Incorporated by Reference
(1) The "Right of Way Criteria Manual Basis of Review for Use or Occupancy of the Works or Lands of the District" (“Criteria Manual”)(HYPERLINK TO DOCS), which includes separate and distinct minimum criteria developed to address the unique characteristics and operational needs of the respective areas of the District, is hereby published by reference and incorporated into this Chapter.
(2) through (3) No change.
40E-6.221 Conditions for Issuance of Standard Permits
(1) through (7) No change.
(8)In those instances where the District does not own the underlying fee simple title, it shall be the responsibility of the applicants may be required to obtain approval show the necessary legal interest from the owner of the underlying fee. The District does not, however, assume any duty to protect the legal rights of the underlying fee owner.
(9)Except for utilities, no commercial uses on the District’s fee-owned rights of way will be authorized by a Right of Way Occupancy Permit, but may be authorized by a lease and/or agreement with the District. However, applicants may apply for such use in accordance with the District’s real estate or leasing policies. Commercial use of the District’s non fee-owned rights of way by the underlying fee-owner shall be allowed authorized under a right of way occupancy permit, provided such authorizations take into consideration are determined to be in accordance with those determining factors set forth in Rule 40E-6.221(3), F.A.C.
(10) through (13) No change.
40E-6.321 Duration of Permits
(1) Permits issued prior to the effective date of _[effective date]_, and which do not comply with the Criteria Manual incorporated by reference in Rule 40E-6.091, F.A.C., shall expire upon the change of ownership of the property unless transferred pursuant to Rule 40E-6.351, F.A.C., below. However, upon request, these authorizations shall may be transferred to a new property owner if the activity complies with Rule 40E-6.221(3)(a) – (i), (m). Otherwise it must be immediately removed from the District's right of way.
(2) through (3) No change.
40E-6.331 Modification of Permits
(1) through (2) No change.
(3) Letter modifications shall may be issued by District staff, provided the requested modification:
(a) though (c) No change.
(4) through (5) No change.
40E-6.481 Emergency Measures
(1) through (2) No change.
(2) If the Permittee fails to remove, alter or repair a permitted use when so ordered by the District, the District may is authorized to repair, alter or remove it at the Permittee's expense.
(3) through (7) No change.
40E-6.501 Unlawful Use and Civil Penalties
(1) through (6) No change.
(7) The planting of any vegetation not included on the District's designated plant list, contained in the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C., or specifically authorized by District permit within District works or lands will not be permitted.
(8) through (10) No change.
40E-6.601 Permit Application Processing Fees
(1) through (2) No change.
(3) The fee for permit applications reviewed pursuant to Chapter 40E-6, F.A.C., more specifically described in the Criteria Manual, incorporated by reference in Rule 40E-6.091, F.A.C., are as follows:
(a) through (j) No change.
(4) through (6) No change.
40E-6.701 C-18 Policy and Purpose
(1) In addition to the policies and purposes enumerated in Rule 40E-6.011, F.A.C., the C-18 canal right of way, downstream of the District's S-46 structure, was established as a revegation area in order to implement a policy for revegetation of the C-18 canal right of way through the use of a small scale land use plan. The intent of the revegetation plan (“C-18 Plan”) is to restore the natural river values of the northwest fork of the Loxahatchee River and Limestone Creek for the benefit of all canal right of way users. The purposes of the revegetation plan include maintenance of flood control protection, increasing diversity and desirability of wildlife habitat, providing filtering and water quality benefits, and considering the goals of adjacent landowners.
40E-6.721 C-18 Permits Required
(1) through (5) No change.
(6) An occupancy permit issued pursuant to this Part may is authorized to be revoked if the permitted use or maintenance practices are no longer consistent with the use zones specified in Rule 40E-6.751, F.A.C.
40E-6.741 C-18 Limiting Conditions
(1) Maintenance practices or other activities not authorized by an occupancy permit which result in clearing or destruction of plant materials or modification of ground slopes or elevations shall be corrected by the permittee. Should the correction not be performed in a timely manner, the District is authorized to may pursue corrective action against the permittee. In the event the permittee does not pursue the necessary corrective action, District forces may perform the work. In the event District forces perform the restorative work, the permittee shall be liable for the restoration costs.
(2) The District is authorized to may install access control fences on District property on the C-18 right of way at locations to be determined by the District. Access control fences may obstruct or eliminate the view corridor overlay zones associated with said fence.
(3) through (5) No change.
40E-6.751 C-18 Use Zones
(1) through (10) No change.
(11) No change.
(a) through (c) No change.
(d) Permit applications shall include photographs of the tree to be pruned, prior to work being accomplished, pursuant to subparagraph (4), above.
1. through 5. No change.
