On November 13, 2014, the District's Governing Board issued SFWMD Order No. 2014-101-DAO-ROW to Barbara Smith and Frankie Hendrix (Application No. 14-0714-2). The petition for waiver was received by the District on September 9, 2014. 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 November 13, 2014, the District’s Governing Board issued SFWMD Order No. 2014-101-DAO-ROW to Barbara Smith and Frankie Hendrix (Application No. 14-0714-2). The petition for waiver was received by the District on September 9, 2014. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 40, No. 178, on September 12, 2014. No public comment was received. This Order provides a waiver of the District’s criteria to allow for an existing wood deck, storage shed and wood pagoda located within the west right of way of the Golden Gate Main Canal to remain. Collier County, Section 31, Township 49S, Range 28E. 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/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 existing facilities 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 and principles of fairness.

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: [e-mail].