On January 12, 2017, the District's Governing Board issued SFWMD Order No. 2017-001-DAO-ROW to Miami-Dade County Public Works Department (Application No. 16-0401-6). The petition for waiver was received by the District on April 22, 2016. Notice of ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District (District) hereby gives notice:

On January 12, 2017, the District's Governing Board issued SFWMD Order No. 2017-001-DAO-ROW to Miami-Dade County Public Works Department (Application No. 16-0401-6). The petition for waiver was received by the District on April 22, 2016. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 42, No. 81, on April 26, 2016. No public comment was received. This Order provides a waiver of the District's criteria to allow portions of an asphalt emergency access service road to remain within the south right of way of the C-8 Canal; Section 17, Township 52 South, Range 41 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) & (6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which prohibits the use of the District’s rights of way for “roadway” purposes. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the existing paved and unpaved emergency access road 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, [phone], [e-mail].