Amendments to and Releases of Conservation Easements.

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-1.1101Amendments to and Releases of Conservation Easements.

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 41 No. 204, October 20, 2015 issue of the Florida Administrative Register.

The notice’s SUMMARY section is corrected to read as follows: The existing rule is proposed for repeal so that the St. Johns River Water Management District will not be the only water management district with a rule on this subject.  Following repeal, the District will use applicable statutory provisions in chapter 373, Florida Statutes, to evaluate a request for release or amendment of a conservation easement received solely in compliance with regulatory requirements.  These provisions include sections 373.096, F.S. (entitled “Releases”) and 373.089 (entitled “Sale or exchange of lands, or interests or rights in lands”).  Under section 373.096, the District’s governing board “may release any easement … for which it has no present or apparent future use under terms and conditions determined by the board.” If a proposed release or amendment would involve a sale or an exchange, the District will also apply the provisions of 373.089, F.S.  Actions on requests involving application of these statutes on a case-by-case basis will be taken at a governing board meeting duly noticed in accordance with chapter 120, Florida Statutes. Additionally, the section “FULL TEXT OF THE PROPOSED RULE IS” contained a typographical error and should have referenced “40C-1.1101 Amendments to and Releases of Conservation Easements” and not 40C-1.1102, F.AC.