SFWMD Order No.: 2010-116-DAO-ROW was issued to Florida Department of Transportation (Application No.: 10-0415-2M). The petition for waiver was received by the SFWMD on April 27, 2010. Notice of receipt of the petition requesting the waiver was ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN that on June 10, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-116-DAO-ROW was issued to Florida Department of Transportation (Application No.: 10-0415-2M). The petition for waiver was received by the SFWMD on April 27, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 19, on May 14, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing fence and guardrail to remain and for the proposed installation of pedestrian signs and guardrail located within the north right of way of the North New River Canal associated with a previously permitted linear park located between S. W. 136 Avenue and University Drive; North New River Canal, Sections 2, 3 & 7, Township 50 South, Range 40 & 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), 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 facilities within forty feet of the top of the canal bank and within designated equipment staging areas within works or land 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 would prevent Petitioner from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone] or by email: [e-mail].