The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1010, 40B-4.1040, and 40B-4.1070, for the purpose of removing references to stormwater rules contained in Chapter ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-4.1010Policy and Purpose

40B-4.1040Permits Required

40B-4.1070Exemptions

PURPOSE AND EFFECT: The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1010, 40B-4.1040, and 40B-4.1070, for the purpose of removing references to stormwater rules contained in Chapter 40B-400, F.A.C., clarifying rule language, creating exemptions, and removing redundant and contradictory exemptions. The effect will be a reduction in regulatory burdens for permit applicants, and rules that are more understandable by the regulated public.

SUMMARY: Works of the District permitting.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 120.541(3), F.S.

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

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, 373.413 FS.

LAW IMPLEMENTED: 120.57, 120.60, 373.019, 373.084, 373.085, 373.086, 373.117, 373.403, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426, 373.429, 373.439 FS.

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

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SRWMD [phone] or 1(800)226-1066 (FL only). If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sara Zybell, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-4.1010 Policy and Purpose.

(1) through (2) No change.

(3) The district, consistent with the foregoing policies of the legislature and the Department of Environmental Protection, adopts the rules herein which are intended to:

(a) Prevent increase in existing flood hazard or damages by requiring that new development of water and related land resources:

1. Not restrict floodway conveyance through the use of fill or other obstruction;

2. Maintain pre-development rates of stormwater runoff and/or total volume of stormwater runoff as may be appropriate to the project and hydrologic conditions of the developed land;

3. Not reduce net storage volumes (including wetland, depressional, and soil storage volumes) within a project area; and

2. 4. That new development which occurs in floodprone areas is made flood resistant to the greatest extent practical, or that development which cannot be made flood resistant is not permitted in floodprone areas.

(b) through (e) No change.

(4) No change.

(5) The purpose of this chapter is to implement the surfacewater management program provided in Part IV of Chapter 373, F.S., and the program for use of works of the district provided in Section 373.085, F.S., in a manner consistent with the policies herein.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.409, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 9-13-04, [DATE].

 

40B-4.1040 Permits Required.

(1)    through (3) No change.

(4)              A Works of the District permit applicant shall obtain one permit for all activities regulated under this part that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are under common ownership or control.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04, 10-14-13, 1-5-21, [DATE].

 

40B-4.1070 Exemptions.

(1) The following activities are exempt from the requirements for obtaining Works of the District works of the district permits specified in paragraph 40B-4.1040(1)(a), F.A.C.:

(a) A work or development within a Works of the District that was completed or partially completed prior to January 29, 2001, including routine custodial maintenance, so long as it is not altered or substantially improved. Work or development within a work of the district which is completed prior to the implementation dates in Rule 40B-4.1030, F.A.C., or which was authorized by permits issued by any other local, regional, state, or federal agency provided the work or development is in compliance with conditions of all such permits. If a work or development activity is complete and did not previously require permits from any local, regional, state, or federal agency, the activity is exempt including routine custodial maintenance so long as it is not altered or substantially improved.

(b) through (c) No change.

(d) Work for an onsite sewage disposal system that is regulated by the Florida Department of Health or the Florida Department of Environmental Protection. Work for an onsite sewage disposal system for a single-family residence which is regulated by the Florida Department of Health under Chapter 64E-6, F.A.C.

(e) Commercial projects Projects which have received an authorization under Section 403.814(12), F.S.

(f) No change.

(g) Non-residential structures outside of the 75-foot setback placed above the natural grade of the ground that are less than or equal to 50 square feet of cross sectional area of the floodway when calculated cumulatively on a project with other obstructions. Structures placed above the natural grade of the ground which are less than or equal to 50 square feet of the cross-sectional area of the floodway outside of the 75 foot setback.

(h) Decorative landscaping gardens which are above the natural grade of the ground which are less than or equal to 25 square feet of the cross-sectional area of the floodway and located outside of the 75 foot setback.

(h) (i) Driveways, sidewalks, and paths which at the driving or walking surface, are less than or equal to 6 inches above the adjacent natural grade of the ground and located outside of the 75 foot setback. Note: the cross-sectional area of obstruction of the floodway created in the use of this exemption, when calculated cumulatively on a project with other obstructions, is applied to the implementation of rules 40B-4.3010 and 40B-4.3030, F.A.C.

(i) (j) Boardwalks or stairs, waterward of the top of bank, which are no more than 5 feet in width. If landings are required, each shall be no more than 144 square feet.

(j) (k) The removal of non-native, invasive, dead or diseased vegetation.

(k) Temporary structures outside of  the 75-foot setback, which are on the site for fewer than 180 consecutive days.

(l) Installation and placement of hydrologic monitoring equipment and associated decks no greater than 200 square feet of walking surface within the regulatory floodway by federal, state, or local governmental entities.

(2) No change.

(3) An exemption from these rules shall not relieve any person or entity from compliance with the requirements of Chapter 62-330, F.A.C., incorporated by reference in Rule 40B-4.1090, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 8-11-10, 10-14-13, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sara Zybell

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 08/09/22

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 15, 2022