WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management DistrictRULE NO.:RULE TITLE:
40D-2.321Duration of PermitsNOTICE 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. 38, No. 60, October 29, 2012 issue of the Florida Administrative Register.
These changes are in response to written comments received from the Joint Administrative Procedures Committee dated November 2, 2012.
Subsection (8) of Rule 40D-2.321, F.A.C., has been changed so that, when adopted, the subsection will read:
(6)(8) Permits that are modified prior to renewal will maintain the original expiration date unless the applicant requests the modification be deemed by the District to be substantial as described in the Basis of Review Section 1.12, and treated as a renewal with modification. If the District determines that the criteria of Basis of Review Section 1.12 are met, the application shall be processed as a renewal application with modification. Notwithstanding Basis of Review Section 1.12(2)a.(5), a request for modification solely of the permit expiration date of a water use permit issued from January 1, 2003 to December 31, 2012, shall be approved by letter, provided the permit is in compliance with the criteria in Rule 40D-2.301, F.A.C. and all conditions of the permit, and the permit does not exceed the applicable permit duration provided in Rule 40D-2.321(1), F.A.C. or is a permit required to have a ten year duration pursuant to subsection 40D-2.321(2), F.A.C.
