On December 13, 2012, the District's Governing Board issued SFWMD Order No. 2012-139-DAO-ROW to Martha Rodriguez Garrido (Application No. 12-0829-2M). The petition for waiver was received by the District on June 28, 2012. 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 December 13, 2012, the District's Governing Board issued SFWMD Order No. 2012-139-DAO-ROW to Martha Rodriguez Garrido (Application No. 12-0829-2M). The petition for waiver was received by the District on June 28, 2012. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 38, No. 38, on September 21, 2012. No public comment was received. This Order provides a waiver of the District's criteria to allow existing landscaping (trees and shrubs) within the south right of way of C-51 located adjacent to 2613 Georgia Lane, which is downstream of District Water Control Structure S-155 and adjacent to the east end of the District’s bulkhead to remain; Section 152, Township 44 South, Range 43 East; Palm Beach County. Specifically, the Order grants a waiver from Rule 40E-6.221(9), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in Rules 40E-6.011(4) & (6), Fla. Admin. Code, which governs the placement of permanent and/or semi-permanent above-ground facilities within 40’ 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 landscaping 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 at: [e-mail].