On May 10, 2012, the District's Governing Board issued SFWMD Order No. 2012-051-DAO-ROW to Stewart Lee Mosher (Application No. 12-0123-3). The petition for waiver was received by the District on February 2, 2012. 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 May 10, 2012, the District’s Governing Board issued SFWMD Order No. 2012-051-DAO-ROW to Stewart Lee Mosher (Application No. 12-0123-3). The petition for waiver was received by the District on February 2, 2012. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 38, No. 7, on February 17, 2012. No public comment was received. This Order provides a waiver of the District's criteria to allow an existing cross-fence with vehicular access gate and post with solar light to remain within the south right of way of C-15 Canal adjacent to 201 Oregon Lane; Section 32, Township 46 South, Range 43 East, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (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/or semi-permanent above-ground structures within 40 feet of the 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 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 principles of fairness.

A copy of the Order or additional information may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC #1410, West Palm Beach, Florida 33406-4680, [phone] or by email: [e-mail].