On January 13, 2011, the District Governing Board issued SFWMD Order No. 2011-009-DAO-ROW to Palm Beach County (Application No. 10-0128-1). The petition for waiver was received by the District on August 6, 2010. Notice of receipt of the petition ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

Rule No. : RULE TITLE :
40E-6.011: Policy and Purpose

The South Florida Water Management District (District) hereby gives notice:
On January 13, 2011, the District Governing Board issued SFWMD Order No. 2011-009-DAO-ROW to Palm Beach County (Application No. 10-0128-1). The petition for waiver was received by the District on August 6, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 34, on August 27, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow for the relocation of a high mast street light, mast arm traffic signalization pole and associated above ground pull boxes located with the northeasterly bridge quadrant in conjunction with the SR7/US441 bridge widening crossing the C-51 Canal; Section 36, Township 43 South, Range 41 East, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), F.A.C., 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), F.A.C., which prohibits the placement of permanent and/or semi-permanent above-ground facilities within 40 feet of the top of the canal bank and within the District’s designated 100 foot long equipment staging areas located at all bridge and ile-supported utility crossings within works of lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver, as follows: 1) the facilities will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon a substantial hardship.
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; telephone: [phone]; or by email at: [e-mail].