The purpose and effect of the proposed rule amendments is to clarify that activities requiring permits from the District and for which the District may charge a permit application fee include impacts to other surface waters pursuant to Part IV of ...

 

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-1.607: Permit Processing Fee

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to clarify that activities requiring permits from the District and for which the District may charge a permit application fee include impacts to other surface waters pursuant to Part IV of Chapter 373, F.S. Further, the amendments will waive the application fee for Petitions for Formal Wetland Determinations when a petition that has been denied or withdrawn is resubmitted within 12 months, and the petition is substantially similar to the denied or withdrawn petition.

SUMMARY: The amendment of Rule 40D-1.607, F.A.C., revises the permit application processing fees for Environmental Resource Permits to more accurately reflect statutory language and creates a fee waiver for certain Petitions for Formal Wetland Determinations.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of Estimated Regulatory Cost is not being prepared based on the District’s determination that the proposed revisions to Rule 40D-1.607, F.A.C., will not result in a substantial increase in the costs to affected parties and there will not be significant adverse effects on competition, employment, investment or productivity.

Any person who wishes to provide information regarding the statement of estimated regulatory costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.

LAW IMPLEMENTED: 373.109, 373.421(2) FS.

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-1.607 Permit Processing Fee.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspection, required in connection with consideration of such applications. Fees are non-refundable in whole or part unless the activity for which an application is filed is determined by the District to be exempt or the fee submitted is determined by the District to be incorrect. Failure to pay the application fees established herein is grounds for the denial of an application or revocation of a permit. The District’s permit application processing fees are as follows:

(1) Environmental Resource or Management and Storage of Surface Waters Permit Applications.

(a) The fee for a permit application for activities reviewed pursuant to Chapters 40D‑4, 40D-40, and 40D-400, F.A.C., are as follows:

1. through 9. No change

10. Application for General Permit for an activity which has less than 10 acres of project area and impacts 5,000 square feet or less of wetlands or other surface waters              $800.00

11. Application for permit modification for an activity which has less than 10 acres of project area and impacts 5,000 square feet or less of wetlands or other surface waters              $400.00

12. through 14. No change.

(b) through (c) No change.

(2) through (5) No change.

(6) Petition for Formal Determination of Wetlands and other Surface Waters for:.

(a) The fees for Petitions for Formal Determination of Wetlands and Other Surface Waters are as follows, for:

1. property less than or equal to 1 acre$250.00

2.(b) property greater than 1 acre but less than or equal to 10 acres$550.00

3.(c) property greater than 10 acres but less than or equal to 40 acres$750.00

4.(d) property greater than 40 acres but less than or equal to 120 acres$1500.00

5.(e)1. property greater than 120 acres$1500.00

(i)2. for each additional 100 acres or portion thereof$200.00

6.(f) renewal of formal wetland determinations$250.00

(b) Ffor the validation of informal, non-binding wetland determinations pursuant to Section 373.421(6), F.S., the fees shall be the same as formal determinations listed above.

(c) Any resubmittal of a petition for formal determination of wetlands and other surface waters that was denied or withdrawn within the preceding twelve months, provided it is substantially similar to the denied or withdrawn petition, is exempt from the fees identified in paragraph (a).

(7) through (11) No change.

Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.109, 373.421(2) FS. History–Readopted 10-5-74, Amended 12-31-74, 10-24-76, 7-21-77, Formerly 16J-0.111, Amended 10-1-88, 1-22-90, 12-27-90, 11-16-92, 1-11-93, 3-23-94, Formerly 40D-0.201, Amended 12-22-94, 10-19-95, 3-31-96, 7-23-96, 10-16-96, 10-26-00 3-15-01, 9-26-02, 8-7-03, 6-5-05,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Karen E. West, Deputy General Counsel, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Southwest Florida Water Management District

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 13, 2006