The purpose of the rule development is to update these sections of Chapter 40B-4, Florida Administrative Code, to adopt the most current version of the items incorporated by reference. The effect of the proposed rule amendments will update the ...

 

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District

RULE NO: RULE TITLE
40B-4.1020: Definitions
40B-4.1090: Publications and Agreements Incorporated by Reference
40B-4.3030: Conditions for Issuance of Works of the District Development Permits
PURPOSE AND EFFECT: The purpose of the rule development is to update these sections of Chapter 40B-4, Florida Administrative Code, to adopt the most current version of the items incorporated by reference. The effect of the proposed rule amendments will update the language and incorporate the new flood insurance studies for the Suwannee River and its tributaries.
SUMMARY: These proposed amendments will address items incorporated by reference and will update all relevant terminology.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 120.60, 373.019, 373.083, 373.084, 363.085, 373.086, 373.403, 373.413, 373.416 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-4.1020  Definitions.

(1)  “100-Year Flood/One Percent Annual Chance of Flood” means that flood which has a one-percent probability of recurrence in any one year. The 100-year flood/one percent annual chance of flood elevation is the highest elevation of flood waters during the 100-year flood/one percent annual chance of flood and is calculated or estimated from the best available information. The 100-year flood/one percent annual chance of flood elevation shall not include coastal storm surge elevations unless such elevations have been developed in an approved Federal Emergency Management Agency Flood Insurance Study and such approved storm surge elevations have been accepted for implementation by the appropriate unit of local or state government.

(2) through (11) No change.

(12)  “Floodway” or “Regulatory Floodway” means the channel of a river, stream, or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood/one percent annual chance of flood without cumulatively increasing the 100-year flood/one percent annual chance of flood elevation more than a designated height. Unless otherwise noted, all regulatory floodways in the Suwannee River Water Management District provide for no more than one-foot rise in water surface elevations.

(13) through (30) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.403 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95,_________.

 

40B-4.1090 Publications and Agreements Incorporated by Reference.

(1) The Governing Board hereby adopts by reference: Final Survey – Review Report Suwannee River Georgia and Florida, July 1989, US Army Corps of Engineers, Jacksonville District used to establish the floodway for the wWorks of the dDistrict identified in Chapter 40B-4, Part III, F.A.C.

(2) The following Flood Insurance Studies are hereby incorporated by reference and supersede subsection 40B-4.1090(1), F.A.C., for each county listed below:

(a) Alachua County, Florida and Incorporated Areas, Effective June 16, 2006;

(b) Dixie County, Florida and Incorporated Areas, Effective September 29, 2006;

(c) Gilchrist County, Florida and Incorporated Areas, Revised September 29, 2006;

(d) Lafayette County, Florida and Incorporated Areas, Effective September 29, 2006.

Specific Authority 373.044 FS. Law Implemented 373.083, 373.084, 373.085, 373.086, 373.413, 373.416 FS. History–New 11-21-02, Amended__________.

 

40B-4.3030 Conditions for Issuance of Works of the District Development Permits.

(1) No change.

(2) The district will not approve the issuance of a works of the district development permit for any work, structures, road, or other facilities which have the potential of individually or cumulatively reducing floodway conveyance or increasing water-surface elevations above the 100-year flood/one percent annual chance of flood elevation, or increasing soil erosion.

(3) No change.

(4) Buildings in the floodway shall be elevated on piles without the use of fill such that the lowest structural member of the building is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

(5) through (8) No change.

(9) For any structure placed within a floodway, the district shall require as a condition for issuance of a work of the district development permit that an engineer certify that such a structure will not obstruct flows or increase 100-year flood/one percent annual chance of flood elevations. Such certification shall include step-backwater calculations using the 100-year flood/one percent annual chance of flood discharge rate.

(10) through (11) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-17-04,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Director, Resource Management, Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060, [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 13, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 8, 2006