The purpose is to amend the mandatory year-round landscape irrigation measures for Lee, Collier and Charlotte counties and to implement the rules District-wide. The proposed amendments are a result of issues raised in rule development workshops to ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-24.101: Definitions
40E-24.201: Year-Round Landscape Irrigation Measures
40E-24.301: Local Government Option
40E-24.401: Enforcement
PURPOSE AND EFFECT: The purpose is to amend the mandatory year-round landscape irrigation measures for Lee, Collier and Charlotte counties and to implement the rules District-wide. The proposed amendments are a result of issues raised in rule development workshops to implement District-wide mandatory year-round landscape irrigation measures. The earlier notice of rule development was published in Vol. 33, No. 22, June 1, 2007, issue of the Florida Administrative Weekly.
SUBJECT AREA TO BE ADDRESSED: Proposed measures setting forth standards for local government’s ordinance adoption regarding specific days of the week and times of day for landscape irrigation for residential, public, commercial and recreation areas.
SPECIFIC AUTHORITY: 120.54, 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 120.54, 373.042, 373.0421, 373.103, 373.117, 373.223, 373.609 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Clerk of the South Florida Water Management District, [phone], ext. 2087 or [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bruce Adams, Water Conservation Officer, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone [phone], ext. 6785 or [phone], email: [e-mail]. For procedural issues, contact Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, [phone], ext. 6299 or [phone], email: [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-24.101 Definitions.

The preliminary text of the proposed rule amendment is not available.

 

40E-24.201 Year-Round Landscape Irrigation Measures.

(1) through (4) No change.

(5) The following requirements or exceptions shall apply to all users unless specified otherwise herein:

(a) Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein.

(b) Even addresses as defined in subsection 40E-24.101(4), F.A.C., may accomplish necessary landscape irrigation only on Tuesday, and/or Thursday and/or Sunday.

(c) Odd addresses as defined in subsection 40E-24.101(7), F.A.C., and rights-of-way or other locations without an address may accomplish necessary landscape irrigation only on Monday and/or Wednesday and/or Saturday.

(d) Installations with irrigation systems which irrigate both even and odd addresses within the same zones, including multi-family units and homeowners’ associations, may accomplish necessary landscape irrigation of individual zones on Monday, Wednesday and Saturday or Tuesday, Thursday and Sunday. No zone shall be irrigated more than 3 times per week.

(e)(d) Landscape irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes with an attendant on site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed 10 minutes.

(f)(e) Landscape irrigation for the purpose of watering in insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall be allowed under the following conditions:

1. Such watering-in shall be limited to one application in the absence of specific alternative instructions from the manufacturer; and

2. Such watering-in shall be accomplished during normally allowable watering days and times unless a professional licensed applicator has posted a temporary pesticide sign containing the date of application and the date(s) of needed watering-in activity.

(g)(f) Any plant material may be watered using low-volume hand watering methods without regard to the watering days or times allowed pursuant to this section.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.171, 373.223 FS. History–New 6-12-03, Amended________.

 

40E-24.301 Local Government Option.

(1) Local governments that wish to enforce alternative landscape irrigation measures, shall be considered to be in substantial compliance with this rule upon the enactment of an ordinance establishing landscape irrigation measures which achieve water conservation and which allow no more cumulative time for landscape irrigation than subsection 40E-24.201(5), F.A.C. Such ordinance shall provide for variance procedures that do not diminish the effectiveness of the measures. Local governments with a jurisdiction divided between the South Florida Water Management District and another water management district may propose an alternative schedule of measures as necessary for the local government to achieve a uniform schedule within its jurisdiction.

(2) through (3) No change.

Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.042, 373.0421, 373.171, 373.223 FS. History–New 6-12-03, Amended________.

 

40E-24.401 Enforcement.

The preliminary text of the proposed rule amendment is not available.