Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-233-DAO-ROW), to South Florida Anglers for Everglades Restoration. The petition for waiver was received by the SFWMD on March 22, 2007. Notice of receipt of the petition requesting the ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
40E-6.091: Publications Incorporated by Reference
40E-6.221: Conditions for Issuance of Standard Permits
40E-6.601: Permit Application Processing Fees

NOTICE IS HEREBY GIVEN THAT the South Florida Water Management District (SFWMD) Governing Board issued an Order Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-233-DAO-ROW), on June 14, 2007, to South Florida Anglers for Everglades Restoration. The petition for waiver was received by the SFWMD on March 22, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 14, on April 6, 2007. No public comment was received. This Order provides a waiver of the District’s criteria to allow the proposed construction of a fish weigh-in pavilion/chickee hut within the south right of way of L-67A at Everglades Holiday Park; S28/T50S/R39E, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), 40E-6.221(9), 40E-6.601(3), Fla. Admin. Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which governs: the requirement that, except for utilities, an applicant must own or lease the land lying adjacent to the District Works; the placement of permanent and semi-permanent above-ground facilities within 40' of the top of the canal bank within Works or Lands of the District; and payment of Application Processing Fees associated with the review of applications for issuance of Right of Way Occupancy Permits. 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 SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent South Florida Anglers for Everglades Restoration from suffering a substantial hardship and a violation of the principles of fairness.

A copy of the Order can be obtained from: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1413, West Palm Beach, FL 33406-4680, [phone] or by e-mail [e-mail].