On February 9, 2017, the District's Governing Board issued SFWMD Order No. 2017-008-DAO-ROW to Florida Home Construction of Central Florida (Application No. 14-0424-1). The petition for waiver was received by the District on November 29, 2016. ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

The South Florida Water Management District (District) hereby gives notice:

On February 9, 2017, the District’s Governing Board issued SFWMD Order No. 2017-008-DAO-ROW to Florida Home Construction of Central Florida (Application No. 14-0424-1). The petition for waiver was received by the District on November 29, 2016. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 42, No. 232, on December 1, 2016. No public comment was received. This Order denies the requested waiver of the District’s criteria, along with the Right of Way Occupancy Permit Application requesting, among other encroachments, a travel lift within the west right of way of the C-33 Canal; Section 32, Township 26 South, Range 41 East, Osceola County. Specifically, the Order denies a waiver from subsections 40E-6.011(4)&(6), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs the placement of permanent and semi-permanent above-ground structures within 40 feet of top of canal bank within Works or Lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to deny the waiver as follows: 1) Subsection 40E-6.221(9), F.A.C., requires an applicant own or lease the land adjacent to or served by the portion of the works or land of the District involved; 2) Petitioner is neither the owner of the land nor under contract to purchase the land lying adjacent to or served by the portion of the Works or Lands of the District involved, as provided in District subsection 40E-6.221(9), F.A.C., therefore, not the appropriate applicant for a Right of Way Occupancy Permit.

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, [phone], [e-mail].