The South Florida Water Management District hereby gives notice: On June 13, 2019, the District's Governing Board issued SFWMD Order No. 2019-048-DAO-ROW to Broward County (Application No. 16-0331-2). The petition for waiver was received by the ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-6.011Policy and Purpose

South Florida Water Management District hereby gives notice: On June 13, 2019, the District's Governing Board issued SFWMD Order No. 2019-048-DAO-ROW to Broward County (Application No. 16-0331-2). The petition for waiver was received by the District on January 11, 2017, amending it on January 31, 2018, and amending it for a second time on April 25, 2019. Notice of receipt of the petitions requesting the waiver were published in the Florida Administrative Register, Vol. 43, No. 13 on January 20, 2017, Vol. 44, No. 27 on February 8, 2018 and Vol. 45, No. 84 on April 30, 2019, respectively. No public comment was received. This Order provides a waiver of the District's criteria for utilization of the District right of way to allow existing and proposed improvements associated with the master plan for Everglades Holiday Park, a regional recreational facility located at the wester terminus of Griffin Road and west of U.S. 27 with the L-67A and L-33 Borrow Canals and Water Conservation Area 3B; Section 28, Township 50S, Range 39E, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4), (6) and paragraph 40E-6.221(3)(j), Fla. Admin. Code, and the Right of Way Criteria Manual for Use of Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Fla. Admin. Code, which prohibits placement permanent and/or semi-permanent above-ground encroachments within 40 feet of top of canal bank, prohibits storage of hazardous material (fuel tanks), encroachments greater than 25% into the waterway, permanent structures/buildings, stormwater treatment, camping, commercial or advertising signs, wastewater treatment and parking 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 proposed use will not 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 a substantial hardship.

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