To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are required to submit. ...  


  • RULE NO.: RULE TITLE:
    40E-4.021: Definitions
    40E-4.051: Exemptions From Permitting
    40E-4.091: Publications, Rules and Interagency Agreements Incorporated by Reference
    40E-4.101: Content of Permit Applications
    40E-4.321: Duration of Permits
    PURPOSE AND EFFECT: To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are required to submit. Additionally, in accordance with the Executive Order, the District proposes to repeal definitions and exemptions that are duplicative of the Florida Statutes.
    SUMMARY: The District proposes to repeal definitions and exemptions duplicative of Florida Statutes, reduce the number of copies applicants are required to submit, and increase the duration of conceptual permits from 2 years to 5.
    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 been prepared by the agency.
    The District has prepared a Statement of Estimated Regulatory Costs reflecting that the reduction in the number of required copies and increase in the duration of conceptual permits will have a positive economic effect.
    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 reduction in the number of required copies and increase in the duration of conceptual permits will have a positive economic effect.
    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: 373.016, 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.416, 373.441, 668.003, 668.004, 668.50, 704.06 FS.
    LAW IMPLEMENTED: 373.016, 373.019, 373.117, 373.403-.443, 403.031, 403.813(1), 668.003, 668.004, 668.50, 704.06 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
    DATE AND TIME: March 15, 2012, 9:00 a.m.
    PLACE: South Florida Water Management District, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406
    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: South Florida Water Management District Clerk, 1(800)432-2045, ext. 2087, or (561)682-2087. 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: Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866, or (561)682-6866, email: abain@sfwmd.gov. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or (561)682-6299, email: jsluth@sfwmd.gov

    THE FULL TEXT OF THE PROPOSED RULE IS:

    40E-4.021 Definitions.

    The definitions set forth in Sections 258.37, 373,019, 373.403, 403.803, and 704.06, F.S., and Rule 40E-1.021, F.A.C., shall apply to When used in this chapter, Chapters 40E-40, 40E-41 and 40E-400, F.A.C. Additionally, as used in these chapters:

    (1) No change.

    (2) “Alter” means to extend a dam or works beyond maintenance in its original condition, including changes which may increase or diminish the flow or storage of surface water which may affect the safety of such dam or works.

    (3) “Appurtenant Works” means any artificial improvements to a dam which might affect the safety of such dam or, when employed, might affect the holding capacity of such dam or of the reservoir or impoundment created by such dam.

    (4) “Aquatic Preserve” means an exceptional area of submerged lands and its associated waters set aside for being maintained essentially in its natural or existing condition, as authorized by Chapter 258, F.S.

    (2)(5) No change.

    (6) “Conservation Easement” means a right or interest in real property pursuant to Section 704.06, F.S., which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or maintaining existing land uses and which prohibits or limits any or all of the following:

    (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground;

    (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials;

    (c) Removal or destruction of trees, shrubs, or other vegetation;

    (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface;

    (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition;

    (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation;

    (g) Acts or uses detrimental to such retention of land or water areas; and

    (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance.

    (3)(7) No change.

    (8) “Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state.

    (9) “Department” means the Florida Department of Environmental Protection.

    (10) “Drainage Basin” means a subdivision of a watershed.

    (11) “Dredging” means excavation, by any means, in surface water or wetlands, as delineated by Section 373.4211, F.S. It also means the excavation, or creation, of a water body which is, or is to be, connected to surface waters or wetlands, as delineated by Section 373.4211, F.S., directly or via an excavated water body or series of water bodies.

    (12) “e-Permitting website” means the District’s website address for e-Permitting at http://www.sfwmd.gov/ePermitting. After accessing the e-Permitting website, the user clicks the start icon on the e-Permitting homepage.

    (13) “Electronic filing” means filing or submission of an Environmental Resource, Surface Water Management, Consumptive Use, or Works of the District Permit Application; Response to Request for Additional Information; or Request for Permit Transfer at the District’s e-Permitting website. Electronic filing is governed by the provisions of Chapter 668, F.S. If the applicant or sender of electronic data inhibits the ability of the District to store or print the electronic data, it shall not be considered filed with or received by the District. Filings received by the District after 5:00 p.m. shall be deemed filed on the next regular business day.

    (14) “Electronic mail” means an electronic or computer file that is transmitted between two or more telecommunications devices; computers; computer networks, regardless of whether the network is a local, regional, or global network; or electronic devices capable of receiving electronic messages, regardless of whether the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. Electronic mail received after 5:00 p.m. shall be deemed received on the next regular business day.

    (15) “Electronic record” means information that is stored in an electronic medium and is retrievable in a perceivable form, including public records as defined in Section 119.011, F.S.

    (16) “Electronic signature” means an electronic sound, symbol, or process attached to an electronic record and executed or adopted by a person with the intent to sign the record.

    (17) through (20) renumbered (4) through (7) No change.

    (21) “Estuary” means a semi-enclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.

    (22) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated by Section 373.4211, F.S.

    (8)(23) No change.

    (24) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.

    (25) through (27) renumbered (9) through (11) No change.

    (28) “Lagoon” means a naturally existing coastal zone depression which is below mean high water and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.

    (12)(29) No change.

    (30) “Maintenance” or “Repairs” means remedial work of a nature as may affect the safety of any dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.

    (31) through (36) renumbered (13) through (18).

    (37) “Stormwater Management System” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system.

    (38) through (42) renumbered (19) through (23).

    (43) “Watershed” means the land area which contributes to the flow of water into a receiving body of water.

    (44) “Wetlands” means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological or reproductive adaptation, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an understory dominated by saw palmetto. The landward extent of wetlands is delineated pursuant to Rules 62-340.100 through 62-340.550, F.A.C., as ratified by Section 373.4211, F.S.

    (24)(45) No change.

    (46) “Works” means all artificial structures, including but not limited to ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.

    Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.019, 373.403-.443, 403.031, 668.003, 668.004, 668.50, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-1.05(1), Amended 7-1-86, 4-20-94, 10-3-95, 4-1-96, 10-1-06, 3-22-09, 11-11-09, 12-1-11,_________.

     

    40E-4.051 Exemptions From Permitting.

    The District will exempt from regulation under Section 373, Part IV, F.S., those activities that the District determines will have only minimal or insignificant individual or cumulative adverse impacts on the water resources of the district. Exemptions from permitting under Chapters 40E-4, 40E-40 and 40E-400, F.A.C., are set forth below in addition to those set forth in Sections 373.406 and 403.813, F.S. The performance of activities pursuant to the provisions of the exemptions set forth in this section does not relieve the person or persons who are using the exemption or who are constructing or otherwise implementing the activity from meeting the permitting or performance requirements of other District rules. Nothing in this section shall prohibit the Department of Environment Protection from taking appropriate enforcement action pursuant to Chapter 403, F.S., to abate or prohibit any activity otherwise exempt from permitting pursuant to this section if the Department can demonstrate that the exempted activity has caused water pollution in violation of Chapter 403, F.S.

    (1) Pipes or Culverts. The repair or replacement of existing functional pipes or culverts the purpose of which is the discharge or conveyance of stormwater. In all cases, the invert elevation, the diameter, and the length of the culvert shall not be changed. However, the material used for the culvert may be different from the original material. This exemption does not authorize the repair, replacement, or alteration of dam’s spillways or appurtenant works, nor construction activities or procedures that cause violation of water quality standards as set forth in Chapter 62-302 and Rule 62-4.242, F.A.C.

    (2) Maintenance of Systems.

    (a) The performance of maintenance dredging of existing manmade canals, channels, basins, berths, and intake and discharge structures, where the spoil material is to be removed and deposited on a self-contained, upland spoil site which will prevent the escape of the spoil material and return water from the spoil site into wetlands or other surface waters, provided no more dredging is performed than is necessary to restore the canal, channels, basins, berths, and intake and discharge structures to original design specifications, and provided that control devices are used at the dredge site to prevent turbidity and toxic or deleterious substances from discharging into adjacent waters during maintenance dredging. This exemption shall apply to all canals constructed before April 3, 1970, and to those canals constructed on or after April 3, 1970, pursuant to all necessary state permits. This exemption shall not apply to the removal of a natural or manmade barrier separating a canal or canal system from adjacent wetlands or other surface waters. Where no previous permit has been issued by the Board of Trustees of the Internal Improvement Trust Fund, the Department, the District or the United States Army Corps of Engineers for construction or maintenance dredging of the existing manmade canal, channel, basin, berth or intake or discharge structure, such maintenance dredging shall be limited to a depth of no more than 5 feet below mean low water.

    (b) The maintenance of functioning insect control structures, and the maintenance of functioning dikes and functioning irrigation and drainage ditches, including roadway drainage ditches, provided:

    1. The spoil material is deposited on a self-contained upland spoil site which will prevent the escape of the spoil material and return water into wetlands or other surface waters.

    2. In the case of insect control structures, if the cost of using a self-contained upland spoil site is so excessive as determined by the Department of Health, pursuant to subsection 403.088(1), F.S., that it will inhibit the proposed insect control, existing spoil sites or dikes may be used, upon notification to the District. In the case of insect control where upland spoil sites are not used pursuant to this exemption, turbidity control devices shall be used to confine the spoil material discharge to that area previously disturbed when the receiving body of water is used as a potable water supply, is designated as approved, conditionally approved, restricted or conditionally restricted waters for shellfish harvesting by the Department, or functions as a habitat for commercially or recreationally important shellfish or finfish.

    3. In all cases, no more dredging is to be performed than is necessary to restore the dike or irrigation or drainage ditch to its original design specifications.

    4. This exemption shall apply to manmade trenches dug for the purpose of draining water from the land or for transporting water for use on the land and which are not built for navigational purposes.

    (c) Maintenance of minor silvicultural surface water management systems as described in subsection 40E-400.500(4), F.A.C., which were permitted under Part IV of Chapter 373, F.S., or were constructed prior to the requirements for a permit under this part, provided such maintenance is conducted in accordance with the performance standards set forth in subsection 40E-400.500(5), F.A.C.

    (d) The restoration of less than 100 feet in length of existing insect control impoundment dikes and the connection of such impoundments to tidally influenced waters. Such impoundments shall be connected to tidally influenced waters for at least 6 months each year, beginning September 1 and ending February 28. The connection shall be of sufficient cross-sectional area to allow beneficial tidal influence. Restoration shall involve no more dredging than needed to restore the dike to original design specifications, and the final elevation of the dredge area shall be within two feet of immediately adjacent bottom elevations. For the purposes of this paragraph, restoration shall not include maintenance of impoundment dikes of insect control impoundments.

    (1)(3) No change.

    (2)(4) No change.

    (a) No change.

    (b) The restoration of a seawall or riprap at its previous location or upland of or within 18 inches waterward of its previous location, as measured from the face of the existing seawall slab to the face of restored seawall slab or from the front slope of the existing riprap to the front slope of the restored riprap. No filling can be performed except in the actual restoration of the seawall or riprap. No construction shall be undertaken without necessary title or leasehold interest, especially where private and public ownership boundaries have changed as a result of natural occurrences such as accretion, reliction and natural erosion. This exemption shall be limited to functioning seawalls or riprap. This exemption shall not affect the permitting requirements of Chapter 161, F.S.

    (c) The construction of seawalls or riprap in wetlands or other surface waters, where such construction is between and adjoins at both ends existing seawalls or riprap, follows a continuous and uniform construction line with the existing seawalls or riprap, is no more than 150 feet in length, does not violate state water quality standards, impede navigation, or adversely affect flood control. However, this exemption shall not affect the permitting requirements of Chapter 161, F.S. In estuaries and lagoons, construction of vertical seawalls is limited to the circumstances and purposes stated in Sections 373.414(5)(b)1.-4., F.S.

    (3)(5) No change.

    (a) The installation of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of wetlands or other surface waters, except in Class I and Class II waters and aquatic preserves, provided that no dredging or filling is necessary.

    (b) The replacement or repair of subaqueous transmission and distribution lines laid on, or embedded in, the bottoms of wetlands or other surface waters.

    (c) through (d) renumbered (a) through (b) No change.

    (4)(6) No change.

    (a) The replacement or repair of existing open-trestle foot bridges and vehicular bridges that are 100 feet or less in length and two lanes or less in width, provided:

    1. No more dredging or filling in wetlands or other surface waters is performed than that necessary to replace or repair pilings;

    2. The structure to be replaced or repaired is the same length, the same configuration, and in the same location as the original bridge; and

    3. No debris from the original bridge shall be allowed to remain in wetlands or other surface waters.

    (b) No change.

    (7) through (12) renumbered (5) through (10) No change.

    Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.406, 373.413, 373.416, 373.813(1), 403.813(1) FS. History–New 9-3-81, Amended 1-31-82, 3-9-83, Formerly 16K-4.02, Amended 4-20-94, 10-3-95, 5-28-00, 9-2-01, 4-14-03, 9-9-07, 12-1-11,__________.

     

    40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.

    (1) The following publications, rules and interagency agreements are incorporated by reference into this chapter, Chapters 40E-40, 40E-41 and 40E-400, F.A.C.:

    (a) “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, effective date ___________ December 15, 2011, which incorporates the following forms by reference:

    1. Form No. 0972, Petition for a Formal Wetland and Surface Water Determination, __________ December 2011 (referenced in Section 4.5.1) http://www.flrules.org/Gateway/reference.asp?No=Ref-00066;

    2. through 19. No change.

    (b) through (k) No change.

    (2) No change.

    Rulemaking Authority 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS. Law Implemented 373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11,________.

     

    Amendment to Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District as follows:

    4.5.1 Procedure

    To petition for a formal determination, the petitioner must submit to the District the following:

    (a) One copy Four copies of completed Form No. 0972, Petition for a Formal Wetland and Surface Water Determination, effective date _________ December 15, 2011, incorporated by reference in paragraph 40E-4.091(1)(a), F.A.C., including copies of all items required by the form; and

    (b) No change.

    4.5.2 Types of Formal Determinations

    A petitioner can request a formal determination consisting of a certified survey, an approximate delineation, or combinations thereof, as described below.

    (a) The survey of the extent of wetlands and other surface waters shall be certified pursuant to chapter 472, F.S., to meet the minimum technical standards in Chapter 61G17-6, F.A.C. A petitioner seeking a certified surveyed delineation shall have a land surveyor registered in the State of Florida survey the verified boundaries of wetlands and other surface waters, and shall have the surveyor or surveyor's representative accompany the District representative on the delineation verification described in subsection 4.5.3. The certified survey shall also contain a legal description of, and acreage contained within, the boundaries of the property for which the determination is sought. The boundaries of wetlands and other surface waters shall be witnessed to the property boundaries, and shall be capable of being mathematically reproduced from the survey. The petitioner shall submit one copy five copies of the survey, along with one copy five copies of the survey depicted on aerial photographs, to the District to complete the petition.

    (b) An approximate delineation shall consist of a boundary produced by using global positioning system (GPS), a boundary drawn on rectified aerial photographs, a geo-reference image produced from a boundary drawn on a non-rectified aerial photograph, or any combination thereof.

    1. through 2. No change.

    3. Following any verification and adjustment as required in subsection 4.5.3, the petitioner shall submit one copy five copies of the following to complete the petition: a hand drawn delineation on a rectified aerial photograph; the geo-referenced image of the delineation and aerial photograph with the delineation; or the GPS depiction of the delineation on an aerial photograph.

    4. No change.

    40E-4.101 Content of Permit Applications.

    (1) through (a) No change.

    (b) If an applicant chooses not to submit an application electronically via the District’s ePermitting website at www.sfwmd.gov/ePermitting, oOne original and one copy four copies of Joint Water Management District/Department of Environmental Protection/U.S. Army Corps of Engineers Environmental Resource Permit Application Form No. 0971 must be submitted as well as one copy and five copies of drawings, calculations, environmental information, and engineering details sufficient to define the nature, scope, intent and functioning of the work proposed. This information must include at a minimum: flood protection, water quality, environmental impacts, proposed mitigation, water supply, and water conservation elements. Applicants who file an application electronically are not required to submit copies. Form No. 0971,________December 2011, http://www.flrules.org/Gateway/reference.asp?No=Ref-00065, is incorporated by reference herein and available at no cost by contacting the South Florida Water Management District Clerk’s Office, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6436 or (561)682-6436.

    (2) through (4) No change.

    Rulemaking Authority 373.016, 373.044, 373.113, 373.171, 668.003, 373.416, 668.004, 668.50 F.S. Law Implemented 373.016, 373.117, 373.413, 373.416, 373.426, 668.003, 668.004, 668.50 F.S. History– New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.03(2), 16K-4.07(2), 16K-4.09(2), Amended 7-1-86, 11-21-89, 4-20-94, 10-3-95, 5-28-00, 4-14-03, 8-14-03, 2-12-06, 10-1-06, 12-1-11, _________.

     

    40E-4.321 Duration of Permits.

    (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 40E-40, F.A.C., is as follows:

    (a) For a conceptual approval, five two years from the date of issuance or the date specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application. If the application is granted, then the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of five two years shall expire automatically at the end of the five two year period.

    (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be five two years from whichever one of the following occurs at the latest date:

    1. through 4. No change.

    (c) through (e) No change.

    (2) through (3) No change.

    (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for five two years from the date of issuance of the modification. For the purposes of this section, the term “substantial modification” shall mean a modification which is reasonably expected to lead to substantially different water resource or environmental impacts which require a detailed review.

    (5) through (7) No change.

    Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 F.S. Law Implemented 373.413, 373.416, 373.419, 373.426, 668.003, 668.004, 668.50 F.S. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.07(4), Amended 7-1-86, 4-20-94, 10-3-95, 5-28-00, 10-1-06,________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Anita R. Bain, Environmental Resource Permitting Bureau Chief
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: South Florida Water Management District Governing Board
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 10, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 23, 2011

Document Information

Comments Open:
2/10/2012
Summary:
The District proposes to repeal definitions and exemptions duplicative of Florida Statutes, reduce the number of copies applicants are required to submit, and increase the duration of conceptual permits from 2 years to 5.
Purpose:
To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are required to submit. Additionally, in accordance with the Executive Order, the District proposes to repeal definitions and exemptions that are duplicative of the Florida Statutes.
Rulemaking Authority:
373.016, 373.044, 373.103(8), 373.113, 373.171, 373.413, 373.416, 373.441, 668.003, 668.004, 668.50, 704.06 FS.
Law:
373.016, 373.019, 373.117, 373.403-.443, 403.031, 403.813(1), 668.003, 668.004, 668.50, 704.06 FS.
Contact:
Anita R. Bain, Environmental Resource Permitting Bureau Chief, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6866, or (561)682-6866, email: abain@sfwmd.gov. For procedural questions, contact Jan Sluth, Sr. Paralegal, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406, 1(800)432-2045, ext. 6299, or (561)682-6299, email: jsluth@sfwmd.gov
Related Rules: (5)
40E-4.021. Definitions
40E-4.051. Exemptions From Permitting
40E-4.091. Publications, Rules and Interagency Agreements Incorporated by Reference
40E-4.101. Content of Permit Applications
40E-4.321. Duration of Permits