This rulemaking is part of a package of rule amendments to revise and update the District’s permit application noticing and agency action noticing procedures. The purpose of amendments proposed for Rules 40D-4.041 and 40D-4.101, F.A.C., is to ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.041: Permits Required
40D-4.101: Content of Application
PURPOSE AND EFFECT: This rulemaking is part of a package of rule amendments to revise and update the District’s permit application noticing and agency action noticing procedures. The purpose of amendments proposed for Rules 40D-4.041 and 40D-4.101, F.A.C., is to describe more accurately the procedures that are in use for reviewing Environmental Resource Permit (ERP) applications. The effect will be to reference Rule 40D-1.603, F.A.C., as being applicable in the review of ERP applications seeking a proprietary authorization for activities located on sovereignty submerged lands and to correctly list who is invited to comment on ERP applications involving wetlands or other surface waters.
SUMMARY: District rules for permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. The District is proposing amendments to Chapters 40D-1, 40D-2, 40D-4 and 40D-40, F.A.C., to revise and update the District’s noticing procedures. Rule 40D-4.041, F.A.C., is amended to add Rule 40D-1.603, F.A.C., to the list of rules applicable to the review of individual ERP applications that involve a proprietary authorization for activities located on sovereignty submerged lands. Rule 40D-4.101, F.A.C., is revised to list correctly the agencies that the District provides notice to and requests comments from when reviewing an individual ERP application involving activities located in, on, or over wetlands or other surface waters.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a 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: 373.044, 373.113, 373.118, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.413, 373.416, 373.426, 373.427 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651

THE FULL TEXT OF THE PROPOSED RULE IS:

40D-4.041 Permits Required.

(1) through (4) No change.

(5) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund. Such authorization shall be reviewed by the District for activities which also require an Environmental Resource Permit or exemption under Chapters 40D-4, 40D-40, and 40D-400, F.A.C., or a permit under subsections 373.414(11)-(16), F.S., under Section 373.427, F.S., Chapters 18-20 and 18-21, F.A.C., and Rules 62-312.065, and 62-343.075, and 40D-1.603, F.A.C.

(6) No change.

Specific Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.042, 373.413, 373.416, 373.426, 373.427 FS. History–Readopted 10-5-74, Amended 12-31-74, 9-4-77, 6-7-78, Formerly 16J-4.04, 16J-4.10(1), (2), (4), Amended 10-1-84, 3-1-88, 10-3-95, 7-23-96, 10-16-96, 4-17-97, 10-11-01, 7-16-02, 9-26-02, 3-26-03, 1-8-08,_________.

40D-4.101 Content of Application.

(1) through (2) No change.

(3) Notwithstanding the provisions of subsection (2), persons authorized by entities with the power of eminent domain may sign the application in lieu of the owner when applying on behalf of the entity and notice to the property owner(s) is provided pursuant to subsection 40D-1.603(8)(7), F.A.C.

(4) through (5) No change.

(6) If the application involves activities located in, on, or over wetlands or other surface waters the District shall forward a copy of the notice of application to and request comments from:

(a) The Florida Fish and Wildlife Conservation Commission; and

(b) The Florida Department of State, Division of Historical Resources; and

(c) The person who has requested a copy of the specific application that is under review.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.413 FS. History–Readopted 10-5-74, Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-84, 3-1-88, 10-3-95, 10-16-96, 12-16-97, 2-27-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Martha A. Moore, Senior Attorney, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, [phone], extension 4651
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Southwest Florida Water Management District Governing Board
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 14, 2008