On May 14, 2015, the District's Governing Board issued SFWMD Order No. 2015-029-DAO-ROW to Frederick and Tanya McLendon (Application No. 07-0927-1). The petition for waiver was received by the District on March 15, 2015. Notice of receipt of the ...

 

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 May 14, 2015, the District's Governing Board issued SFWMD Order No. 2015-029-DAO-ROW to Frederick and Tanya McLendon (Application No. 07-0927-1). The petition for waiver was received by the District on March 15, 2015. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Register, Vol. 41, No. 56, on March 23, 2015. No public comment was received. This Order provides a waiver of the District's criteria to allow an existing fence and eight palm trees to remain within the north right of way of the North New River Canal; Broward County, Section 12, Township 50 South, Range 40 East. 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 governs the placement of permanent/semi-permanent above-ground facilities within 40 feet of the top of the 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 fence and palm trees 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.

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].