The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend Works of the District (WOD) rules 40B-4.1020, 40B-4.1090, 40B-4.3010, and 40B-4.3030, F.A.C., for the purpose of defining ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NOS.:RULE TITLES:

40B-4.1020Definitions

40B-4.1090Documents, Publications and Agreements Incorporated by Reference

40B-4.3010Works of the District Permits

40B-4.3030Conditions for Issuance of Works of the District Permits

PURPOSE AND EFFECT: The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend Works of the District (WOD) rules 40B-4.1020, 40B-4.1090, 40B-4.3010, and 40B-4.3030, F.A.C., for the purpose of defining terms used in rule, incorporating applicable reference materials, clearly delineating the specific requirements for each category of WOD permit, and specifying the conditions under which all WOD permits are issued. The effect will be rules that are more understandable by the regulated public.

SUMMARY: Works of the District permitting; regulatory floodway

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to Section 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS

LAW IMPLEMENTED: 373.019, 373.083, 373.084, 373.085, 373.086, 373.403, 373.413, 373.416 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sara Ferson, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

40B-4.1020 Definitions.

(1) Through (8) No change.

(9) “Driveway”, as used in this chapter, means a vehicular access to a single property.

(10)(9) No change.

(11)(10) “Floodway” or “Regulatory Floodway” means the channel of a river, stream, or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood/one percent annual change of flood without cumulatively increasing the 100-year flood/one percent annual chance of flood elevation more than a designated height of no more than one foot of rise. Unless otherwise noted, all regulatory floodways in the Suwannee River Water Management District provide for no more than one-foot rise in water surface elevations.

(11) Through (21) renumbered (12) through (22) No change.

(23) “Road”, as used in this chapter, means a vehicular access to multiple properties.

(22) Through (29) renumbered (24) through (31) No change.

(32) “Zero-Rise or “No-Rise” means an analysis that is supported by technical data and signed by a registered professional engineer demonstrating there is no more than 0.01 feet of increase in flood levels due to floodway obstructions.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.403 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 5-13-07, 2-28-12, 10-14-13, 1-5-21, [DATE].

 

40B-4.1090 Documents, Publications and Agreements Incorporated by Reference.

The Governing Board incorporates herein by reference all the documents found in this section. All documents except for Chapter 62-330, F.A.C., can be obtained from the District website at http://www.mysuwanneeriver.com/Permitting or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060. Chapter 62-330, F.A.C., can be obtained from the District website at http://www.mysuwanneeriver.com/Rules, or by writing to the Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060.

(1) Chapter 62-330, F.A.C., Environmental Resource Permitting, http://www.flrules.org/Gateway/reference.asp?No=Ref-17169, effective June 28, 2024. http://www.flrules.org/Gateway/reference.asp?No=Ref-03220 (2013).

(2) The Applicant’s Handbook Volume I, http://www.flrules.org/Gateway/reference.asp?No=Ref-17170, effective June 28, 2024. http://www.flrules.org/Gateway/reference.asp?No=Ref-03219 effective October 1, 2013.

(3) The Applicant’s Handbook Volume II, http://www.flrules.org/Gateway/reference.asp?No=Ref-17171, effective July 1, 2024. http://www.flrules.org/Gateway/reference.asp?No=Ref-03049 effective August 1, 2013.

 

(4) Suwannee River Water Management District Shoreline Erosion Control Guide, http://www.flrules.org/Gateway/reference.asp?No=Ref-17131, effective [DATE]. The documents below are used to establish the floodways, base flood elevations and flood zones used in the implementation of this chapter:

(a) The Final Survey – Review Report Suwannee River Georgia and Florida, http://www.flrules.org/Gateway/reference.asp?No=Ref-03046, July 1989, U.S. Army Corps of Engineers, Jacksonville District.

(b) The following Flood Insurance Studies and digital flood insurance rate maps supersede paragraph 40B-4.1090(4)(a), F.A.C., for each county listed below:

1. Alachua County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03059, Effective June 16, 2006.

2. Baker County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03023, Effective June 17, 2008.

3. Bradford County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03024, Effective May 2, 2012.

4. Columbia County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03025, Effective February 4, 2009.

5. Dixie County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03026, Effective September 29, 2006.

6. Gilchrist County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-09175, Revised January 19, 2018.

7. Hamilton County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03031, Effective June 4, 2010.

8. Jefferson County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03035, Effective July 16, 1991.

9. Lafayette County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-09176, Effective October 5, 2017.

10. Levy County, Florida and incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-09177, Effective February 3, 2017.

11. Madison County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-09178, Effective February 3, 2017.

12. Putnam County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03042, Effective February 2, 2012.

13. Suwannee County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-09179, Effective February 3, 2017.

14. Taylor County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03044, Effective May 4, 2009.

15. Union County, Florida and Incorporated Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-03045, Effective February 4, 2009.

(5) Chapter 18-20, F.A.C., Florida Aquatic Preserves, http://www.flrules.org/Gateway/reference.asp?No=Ref-17111, effective March 25, 2019.

(6) Chapter 18-21, F.A.C., Sovereignty Submerged Lands Management, http://www.flrules.org/Gateway/reference.asp?No=Ref-17112, effective November 15, 2023.

(7) Code of Federal Regulation Title 44 Section 60.3, Flood Plain Management Criteria for Flood-Prone Areas, http://www.flrules.org/Gateway/reference.asp?No=Ref-17113, effective January 22, 2024.

Rulemaking Authority 373.044 FS. Law Implemented 373.083, 373.084, 373.085, 373.086, 373.413, 373.416 FS. History–New 11-21-02, Amended 5-13-07, 4-21-08, 4-30-09, 8-31-09, 3-14-11, 10-14-13, 4-26-18, [DATE].

 

Substantial rewording of Rule 40B-4.3010 follows. See Florida Administrative Code for present text.

40B-4.3010 Works of the District Permits.

The following Works of the District permits are required for the developments listed thereunder. Any activity not exempt under subsection 40B-4.1070(1), F.A.C., and exceeding the limitations set forth in this rule shall not be authorized.

(1) Noticed General Works of the District Permits shall be obtained for the following developments;

(a) Floating docks and access structures associated with floating docks as described below:

1. Floating docks and associated structures shall extend no more than 25 percent of the width of the waterbody, excluding dense areas of forested shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline;

2. The project shall not exceed one floating dock as described in paragraph one above per parcel as set forth in subparagraph 18-21.005(1)(c)1., F.A.C. [2019].

(b) Construction or reconstruction of decks at the top of bank as described below:

1. The deck shall not exceed one foot above the average natural ground elevations within the area under and immediately adjacent to the deck;

2. The deck shall not exceed 200 square feet at the walking surface;

3. The deck shall not be enclosed, including screens, except for a structural roof;

4. Deck roofs shall have a lowest structural horizontal member at an elevation at least one foot above the 100 year flood/one percent annual chance of flood elevation;

5. Decks shall be built in a manner to minimize destruction of existing vegetation;

6. The reconstruction is considered altering or substantially improving a deck that was previously constructed pursuant to paragraph 40B-4.1070(1)(a), F.A.C. [2023].

(c) Non-residential structures or fill as described below:

1. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

2. Roofs on pole barns, pavilions, gazebos, and any other such structures shall be such that the lowest structural horizontal member of the roof is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

3. The area below the first floor of any non-residential structures shall meet the criteria in the code of federal regulations 44CFR60.3(d), incorporate by reference in subsection 40B-4.1090(7), F.A.C.

4. Minor amounts of redistributed onsite material or fill material shall be placed above the natural grade and be less than or equal to 100 square feet of the cross-sectional area of the floodway.

(d) Driveways, sidewalks, and paths as described below:

1. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

2. Driving or walking surfaces shall be no more than more than one foot above the adjacent natural ground elevation at any point along the driveway or walking surface.

(e) Construction or reconstruction of boardwalks as described below:

1. All construction or reconstruction shall be landward of the top of bank.

2. Obstructions to flow shall be less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

3. The walking surface shall be no more than one foot above the natural ground elevation within the area under and immediately adjacent to the boardwalk at any point along the boardwalk.

(f) Non-engineered “soft” shoreline erosion control alternatives as set forth in the Suwannee River Water Management District Shoreline Erosion Control Guide (2024).

(g) Decorative landscaping gardens with obstructions to flow that are less than or equal to 100 square feet of the cross-sectional area of the floodway, calculated cumulatively.

(h) Governmental projects which are solely for the restoration of natural resources or improvements to existing infrastructure which do not cumulatively result in an obstruction of more than 100 square feet of the cross-sectional area of the floodway.

(2) General Works of the District Permits shall be obtained, and a zero-rise analysis as defined in subsection 40B-4.1020(32), F.A.C. shall be provided for the following developments;

(a) Fixed docks meeting the same requirements as floating docks in subparagraphs 40B-4.3010(1)(a)1.-2., F.A.C.

(b) Construction or reconstruction of decks at the top of riverbank greater than one foot above the average natural ground elevations within the area under and immediately adjacent to the deck meeting the requirements of subparagraphs 40B-4.3010(1)(b)2.-6., F.A.C.

(c) Non-residential structures exceeding 100 square feet of cross-sectional area of the floodway meeting the requirements of subparagraphs 40B-4.3010(1)(c)2.-4., F.A.C.

(d) Construction of residential structures elevated on piles without the use of fill such that the lowest structural member of the building is at an elevation at least one foot above the 100-year flood/one percent annual chance of flood elevation.

(e) Driveways, sidewalks, and paths greater than one foot above the adjacent natural ground elevation at any point along the driveway or walking surface meeting the requirements of subparagraph 40B-4.3010(1)(d)1., F.A.C.

(f) Construction or reconstruction of boardwalks greater than one foot above the adjacent natural ground elevation at any point along the boardwalk meeting the requirements of subparagraphs 40B-4.3010(e)2.-3., F.A.C.

(g) Developments found in Sections 3 and 4 of the Suwannee River Water Management District Shoreline Erosion Control Guide (2024).

(h) Boat ramps, boat lifts, seawalls, retaining walls, rip-rap and other such structures which are landward from the top of bank and outside of the 75-foot setback from the top of bank.

(i) Boat lifts, seawalls, retaining walls, rip-rap and other such structures which are waterward from the top of bank.

(j) All projects which propose floats under a structure, landward of the top of bank.

(3) Individual Works of the District Permits shall be obtained for any development located on property that is classified as government-owned, institutional, recreational, commercial, or multi-family that meets the criteria of subsections 40B-4.3010(1) or (2), F.A.C., Parts II, III, and IV of Applicant’s Handbook Volume II, and Chapter 62-330, F.A.C.

(4) An environmental resource permit is required for development in wetlands or other surface waters.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 12-22-92, 10-18-04, 10-14-13, [DATE].

 

Substantial rewording of Rule 40B-4.3030 follows. See Florida Administrative Code for present text.

40B-4.3030 Conditions for Issuance of Works of the District Permits.

(1) To obtain a Works of the District permit, an applicant must provide reasonable assurance the proposed activity does not:

(a) Present an immediate danger to public health or safety, or is not a violation of law;

(b) Discharge to waters of the state in violation of a permit condition of any unit of local, state, or federal government;

(c) Have the potential of individually or cumulatively reducing floodway conveyance or increasing water-surface elevations by more than 0.01 feet above the 100-year flood/one percent annual chance of flood elevation, or increasing soil erosion;

(d) Include clearing, construction, additions, reconstruction, or channelizing of runoff within the 75-foot setback or the calculated setback beyond what provides pedestrian access.

(e) Include mining, associated mining activities, and borrow pits;

(f) Include a residential structure elevated such that the lowest structural member of the building is below an elevation equal to one foot above the 100-year flood/one percent annual chance of flood elevation;

(g) Include a residential structure elevated with the use of fill;

(h) Include fill material placed above the natural grade of the ground except for minor amounts of fill exceeding 100 square feet of the cross-sectional area of the floodway, excluding structural pilings. This paragraph is not intended to limit the use of pilings for structural purposes. All fill placed on any single parcel of land after the implementation date of this chapter shall be considered cumulatively.

(i) Include clearing in areas outside of the 75-foot setback other than what is necessary to construct or reconstruct structures, drill water wells, dispose wastewater, or provide driveway access.

(j) Include new roads within a work of the district which at any point along the road, have a driving surface greater than one foot above adjacent natural ground elevations, or result in a net fill within the floodway.

(2) For development located on all properties not classified as single-family, agricultural, horticultural, or silvicultural, the calculated setback buffer shall be determined as follows: The calculated setback shall be a minimum of 75 feet and determined in accordance with the methodology contained in: “Urban Hydrology for Small Watersheds”, U.S. Department of Agriculture, Soil Conservation Service, Engineering Division, Technical Release 55, June 1986; http://www.flrules.org/Gateway/reference.asp?No=Ref-03691 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03692 and, “Buffer Zone Study for Suwannee River Water Management District”, Dames and Moore, http://www.flrules.org/Gateway/reference.asp?No=Ref-03168 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03169, September 8, 1988. When calculating the setback, the post-development composite curve number for any one-acre area within the encroachment line shall not exceed a value of 46 for areas with predominantly Class A soils, a value of 65 for areas with predominantly Class B soils, a value of 77 for areas with predominantly Class C soils, or a value of 82 for areas with predominantly Class D soils.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07, 8-11-10, 2-28-12, 10-14-13, [DATE].

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sara Ferson, P.E.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: SRWMD Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 09, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 2, 2024