Order No. 2008-532-DAO-ROW grants a waiver under Section 120.542, F.S., to William and Saundra Schmitt. The petition for waiver was received by the SFWMD on October 1, 2008. Notice of receipt of the petition requesting the waiver was published in ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

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

NOTICE IS HEREBY GIVEN THAT on December 2, 2008, the South Florida Water Management District (SFWMD) Governing Board has issued an order.

Order No. 2008-532-DAO-ROW grants a waiver under Section 120.542, F.S., to William and Saundra Schmitt. The petition for waiver was received by the SFWMD on October 1, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 42, on October 17, 2008. No public comment was received. This Order provides a waiver of the District’s criteria to allow eight existing palm trees to remain within the north right of way of the C-51 Canal at the rear of 184 Arlington Road; Section 15, Township 44 South, Range 43 East, Palm Beach 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 encroachments 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 William and Saundra Schmitt 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].