This rulemaking concerns proposed revisions to parts of Chapter 40E-6, of the F.A.C., as it pertains to recreational and passive uses on the Districts right of ways. This rulemaking effort will remove any such uses and relocate them under Chapter ...

South Florida Water Management District

RULE NOS.: RULE TITLES:

40E-6.011 Policy and Purpose

40E-6.021 Definitions

40E-6.051 Exemptions

PURPOSE AND EFFECT: This rulemaking concerns proposed revisions to parts of Chapter 40E-6, of the F.A.C., as it pertains to recreational and passive uses on the Districts right of ways. This rulemaking effort will remove any such uses and relocate them under Chapter 40E-7, Part V, F.A.C., the “Public Use Guide” which allows for ease and consistency to the public in regard to recreational uses and activities on District lands. This allows the District to create a single Chapter within the Florida Administrative Code concerning public recreational access to and use of South Florida Water Management District lands.

SUMMARY: The proposed amendments to Chapter 40E-6, F.A.C., will remove those portions of the Rule concerning recreational and passive use of the District's rights of way and relocate them to Chapter 40E-7, Part V, F.A.C., to create a consolidated rule dealing with public’s access to and recreational use of all District lands, including its rights of ways.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory cost has been prepared. Any person who wishes to provide information regarding the 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: 259.101 FS., 373.044 FS., 373.113 FS., 373.171 FS.

LAW IMPLEMENTED: 259.101 FS., 373.016 FS., 373.056 FS., 373.103 FS., 373.139 FS., 373.1391 FS., 373.1395 FS., 373.1401 FS., 373.59 FS., 373.085 FS., 373.086 FS., 373.118 FS., 373.129 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 12, 2006, 9:00 a.m.

PLACE: Okeechobee Shrine Club, 1855 S.W. 53rd Street,, Okeechobee, FL 34974

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Fred Davis, South Florida Water Management District, Post Office Box 24680, Mail Stop Code 5720, West Palm Beach, FL 33416‑4680, telephone [phone], extension 6636 or [phone] (internet:[e-mail]). Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based.

Persons with disabilities or handicaps who need assistance may contact the Director of Governing Board and Executive Services, at [phone] at least two business days in advance to make appropriate arrangements.

THE FULL TEXT OF THE PROPOSED RULES IS:

 

40E-6.011 Policy and Purpose.

(1) through (10)(a) No change.

(11) It is further the policy of the District to allow, without charge for admission or use, public, passive recreational uses of District owned rights of way, given legally sufficient District property interests. However, nothing contained herein shall limit the District’s ability to, either temporarily or permanently, limit or otherwise preclude public access to certain portions of District works and lands, such as structures and associated facilities.

(11)(12) In managing its canal and levee system the District must, from time to time, change its criteria and permit requirements based on regional and site specific conditions. Applicants are cautioned that the information provided by District staff is based on the best available information at the time the information is conveyed, but is subject to change. This is particularly true when applicants delay months or years in submitting an application for permit. Therefore the rules, criteria and requirements in effect at the time a formal application is received for review will be applied to the permit application.

Specific Authority 373.113 FS. Law Implemented 373.016 FS,, 373.085 FS., 373.086 FS., 373.118 FS., 373.129 FS., 373.1395 FS. History–New 9-3-81, Formerly 16K-5.01(1) FAC., Amended 12-29-86, 9-15-99,____________.

 

40E-6.021 Definitions.

(1) through (9) No change.

(10) The term “passive recreational use” when used in these rules is intended to mean conventional leisure activities, with minimal land or water resource impacts, which include such uses as walking, jogging, hiking, bicycling, fishing, nature appreciation, and equestrian use. Passive recreational use shall not include the use of motorized vehicles, with the exception of motorized wheelchairs necessary for use by disabled persons.

(10)(11) The term “permit transfer” when used in these rules is intended to mean the changing of responsibility for the permit authorization from one person or entity to another.

(11)(12) The term “right of way” when used in these rules is intended to mean those lands acquired by the District in fee, easement, or other type of grant, for the purpose of operations and maintenance of the District’s canal and levee system, spoil areas, Stormwater Treatment Area’s (STA’s), and access and other easements.

(12)(13) The term “right of way occupancy permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District, either by a notice general permit or a standard permit.

(13)(14) The term “STA” when used in these rules is intended to mean the District’s Everglades Nutrient Removal Project (“ENR”), as well as those areas currently, or in the future, designated by the District as Stormwater Treatment Area’s.

(14)(15) The term “standard permit” when used in these rules is intended to mean a revocable license to occupy the works or lands of the District for all uses not covered by a notice general permit, with a full review by District staff, as set forth herein, and requiring Governing Board approval.

(15)(16) The term “top of bank” when used in these rules is intended to mean the point at which the flat or nearly level ground surface transitions down to the channel along the side slope of the canal bank.

(16)(17) The term “tree” when used in these rules is intended to mean not only the trunk of the tree, but the farthest part of the canopy of the tree at maturity as well.

(17)(18) The term “utility” when used herein means companies actually providing essential water, electric, telephone, sewer, or natural gas services. All other services shall be considered non-essential.

(18)(19) The term “violator” when used in these rules is intended to mean any persons or entities acting contrary to the provisions of Chapter 373, F.S., these rules, as well as the provisions of any permit issued pursuant to these rules.

(19)(20) The term “Works of the District” when used in these rules is intended to mean the canals, levees, structures, lands, water bodies, and other associated facilities which have been adopted as such by the District’s Governing Board.

(20)(21) The term “Zone 1” when used in these rules is intended to mean the canal channel from the top of bank to the opposite top of bank, as depicted in Figure 1.

(21)(22) The term “Zone 2” when used in these rules is intended to mean the point on the right of way from the top of bank to a point five (5) feet landward, as depicted in Figure 1.

(22)(23) The term “Zone 3” when used in these rules is intended to mean the point on the right of way from a point five (5) feet landward from top of bank to a point twenty (20) feet landward, as depicted in Figure 1.

(23)(24) The term “Zone 4” when used in these rules is intended to mean the point on the right of way from a point twenty (20) feet landward from top of bank to a point forty (40) feet landward, as depicted in Figure 1.

(24)(25) The term “Zone 5” when used in these rules is intended to mean any right of way located further than forty (40) feet from the top of bank, as depicted in Figure 1.

Specific Authority 373.044 FS.,, 373.113 FS. Law Implemented 373.085 FS., 373.086 FS. History–New 9-15-99, Amended _____________.

 

40E‑6.051 Exemptions.

(1) No change.

(a) through (e) No change.

(f) Passive recreational use.

(2) through (4) No change.

Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.085 FS., 373.086 FS. History–New 12-24-91, Amended 9-15-99,________________.

 

40E‑6.311 Access to Works and Lands of the District; Closures.

Specific Authority 373.044 FS., 373.113 FS. Law Implemented 373.016 FS., 373.085 FS., 373.086 FS., 373.119 FS., 373.1395 FS. History–New 9-15-99, Repealed______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULES: Fred Davis, Division Director, Land Stewardship Division

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULES: Governing Board of the South Florida Water Management District

DATE PROPOSED RULES APPROVED BY AGENCY: February 8, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENTS PUBLISHED IN THE FAW: May 6, 2005