On October 12, 2017, the District's Governing Board issued SFWMD Order No. 2017-076-DAO-ROW to Village of Palmetto Bay (Application No. 17-0725-1). The petition for waiver was received by the District on July 25, 2017. Notice of receipt of the ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011:Policy and Purpose

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

On October 12, 2017, the District's Governing Board issued SFWMD Order No. 2017-076-DAO-ROW to Village of Palmetto Bay (Application No. 17-0725-1). The petition for waiver was received by the District on July 25, 2017. Notice of receipt of the petition requesting the waiver was published August 2, 2017 in the Florida Administrative Register, Vol. 43, No. 149. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District right of way for access. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (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 governs the placement of permanent and/or semi-permanent above-ground structures within 40 feet of top of canal bank. 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, [phone], [e-mail].