On August 12, 2011, the District Governing Board issued SFWMD Order No. 2011-120-DAO-ROW to the City of Oakland Park (Application No. 10-0709-4). The petition for waiver was received by the District on June 24, 2011. Notice of receipt of the ...

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 August 12, 2011, the District Governing Board issued SFWMD Order No. 2011-120-DAO-ROW to the City of Oakland Park (Application No. 10-0709-4). The petition for waiver was received by the District on June 24, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 27, on July 8, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow for proposed installation of guardrailing associated with a linear park along the C-13 Canal; Section 20, Township 49 South, Range 42 East, Miami-Dade 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 above- ground permanent and/or semi-permanent encroachments 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 proposed 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 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, [phone] or by email: [e-mail].