On May 12, 2016, the District's Governing Board issued SFWMD Order No. 2016-026-DAO-ROW to Nicole Guinea Oliva (Application No. 15-1102-4). The petition for waiver was received by the District on November 2, 2015. Notice of receipt of the petition ...

 

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 May 12, 2016, the District’s Governing Board issued SFWMD Order No. 2016-026-DAO-ROW to Nicole Guinea Oliva (Application No. 15-1102-4). The petition for waiver was received by the District on November 2, 2015. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 41, No. 220, on November 12, 2015. No public comment was received. This Order provides a waiver of the District's criteria to allow existing fence enclosure, trees, and hedge within fence enclosure located within the east right of way of C-100C to remain; Section 5, Township 55 South, Range 40 East; Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4)&(6), Florida Administrative 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), Florida Administrative 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 grant the waiver as follows: 1) the existing facilities will not 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 and principles of fairness.

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].