Order No. 2008-483-DAO-ROW grants a waiver under Section 120.542, F.S., to the City of Lauderdale Lakes (Application No. 07-1217-2). The petition for waiver was received by the SFWMD on March 31, 2008. Notice of receipt of the petition requesting ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN THAT on October 9, 2008, the South Florida Water Management District (SFWMD) Governing Board has issued an order.

Order No. 2008-483-DAO-ROW grants a waiver under Section 120.542, F.S., to the City of Lauderdale Lakes (Application No. 07-1217-2). The petition for waiver was received by the SFWMD on March 31, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 16, on April 18, 2008. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed construction of a linear park consisting of a paved pathway, hardscape/paver areas, buried electrical service and fencing, landscaping and light poles within the south right of way of the C-13 Canal located from N. W. 52nd Avenue to SR/US 441 and from N. W. 33rd Avenue to NW 31st Avenue; Sections 19, 24 Township 49 South, Range 41, 42 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which govern the placement of permanent and/or semi-permanent above-ground facilities within 40 feet of the top of the canal bank 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 facilities will not significantly 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 would prevent the City of Lauderdale Lakes from suffering a substantial hardship.

A copy of the Order may be obtained by contacting: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone], or by e-mail [e-mail].