The South Florida Water Management District hereby gives notice: On January 10, 2019, the District's Governing Board issued SFWMD Order No. 2019-008-DAO-ROW to Encantada at Boca Pointe Homeowners Association (Application No. 17-0731-2). The ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District hereby gives notice: On January 10, 2019, the District's Governing Board issued SFWMD Order No. 2019-008-DAO-ROW to Encantada at Boca Pointe Homeowners Association (Application No. 17-0731-2). The petition for waiver was received by the District on June 19, 2018. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 44, No. 122 on June 22, 2018. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District right of way to allow several existing shrubs and trees to remain within the north right of way of the Hillsboro Canal; Section 33, Township 47S, Range 42E, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4)&(6) and paragraph 40E-6.221(3)(j), Fla. Admin. Code, and the Right of Way Criteria Manual for Use of Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and/or semi-permanent above-ground encroachments within Works or Lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the proposed use will not interfere with the District's current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.

A copy of the Order or additional information may be obtained by contacting: Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone: [phone]; or by email at: [e-mail].