The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rule sections applicable to sovereign state lands that exceed the District’s authority pursuant to rule 253.002, F.S.

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.:RULE TITLE:

40B-4.3040Unlawful Use of Works of the District

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to repeal rule sections applicable to sovereign state lands that exceed the District’s authority pursuant to Section 253.002, F.S.

SUBJECT AREA TO BE ADDRESSED: Repeal of rule sections prohibiting use of motor vehicles in stream channel.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.

LAW IMPLEMENTED: 373.084, 373.085, 373.086 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Leroy Marshall II, P.E., CFM, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or [phone] (FL only)

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40B-4.3040 Unlawful Use of Works of the District.

(1) No change.

(2) It shall be unlawful for any permitted use to violate the provisions of Chapter 373, F.S., or this chapter, or any of the the limiting conditions of a works of the district development permit. The district may use any remedy available to it under Chapter 120 or 373, F.S. and Chapter 40B-1, F.A.C., to cause the unpermitted use or development to be removed or brought into compliance with Chapter 373, F.S., and this chapter.

(3) It is prohibited for any person to operate any motorized vehicle within a work of the district that includes the channel of a stream as defined by the normally recognized bank. Law enforcement officers, during the normal course of their duties, are exempt from this rule.

(3)(4) Damage to works of the district resulting from violations specified in subsections 40B-4.3040(1) through (2)(3), F.A.C., above shall be repaired by the violator.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 9-13-04, 5-8-05, 8-8-07, 10-14-13, [DATE].