The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1010, 40B-4.1040, 40B-4.1070, and 40B-4.3035 for the purpose of removing references to stormwater rules contained ....

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.: RULE TITLE:

40B-4.1010: Policy and Purpose

40B-4.1040: Permits Required

40B-4.1070: Exemptions

40B-4.3035: Minimum Operation and Maintenance Standards

PURPOSE AND EFFECT: The Suwannee River Water Management District gives notice that it is initiating rulemaking to amend rules 40B-4.1010, 40B-4.1040, 40B-4.1070, and 40B-4.3035 for the purpose of removing references to stormwater rules contained in Chapter 40B-400, F.A.C., clarifying rule language, creating exemptions, and removing redundant and contradictory exemptions. The effect will be a reduction in regulatory burdens for permit applicants, and rules that are more understandable by the regulated public.

SUBJECT AREA TO BE ADDRESSED: Works of the District permitting

RULEMAKING AUTHORITY: 373.044, 373.113, 373.171, 373.413 FS.

LAW IMPLEMENTED: 120.57, 120.60, 373.019, 373.084, 373.085, 373.086, 373.117, 373.403, 373.409, 373.413, 373.416, 373.419, 373.423, 373.426, 373.429, 373.439 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: SRWMD at [phone] or 1(800)226-1066 (FL

only) If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sara

Zybell, Suwannee River Water Management District, 9225 CR

49, Live Oak, Florida 32060, [phone] or 1(800)226-

1066 (FL only)

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

40B-4.1010 Policy and Purpose.

(1) through (2) No change.

(3) The district, consistent with the foregoing policies of the legislature and the Department of Environmental Protection, adopts the rules herein which are intended to:

(a) Prevent increase in existing flood hazard or damages by requiring that new development of water and related land resources:

1. Not restrict floodway conveyance through the use of fill or other obstruction;

2. Maintain pre-development rates of stormwater runoff and/or total volume of stormwater runoff as may be appropriate to the project and hydrologic conditions of the developed land;

3. Not reduce net storage volumes (including wetland, depressional, and soil storage volumes) within a project area; and

2. 4. That new development which occurs in floodprone areas is made flood resistant to the greatest extent practical, or that development which cannot be made flood resistant is not permitted in floodprone areas.

(b) through (e) No change.

(4) No change.

(5) The purpose of this chapter is to implement the surfacewater management program provided in Part IV of Chapter 373, F.S., and the program for use of works of the district provided in Section 373.085, F.S., in a manner consistent with the policies herein.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.409, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 9-13-04, [DATE].

 

40B-4.1040 Permits Required.

(1)    through (3) No change.

(4)   A Works of the District permit applicant shall obtain one permit for all activities regulated under this part that are intended to serve contiguous property. Two or more properties represented to be separate properties shall be aggregated and treated as a single property for permitting purposes when the District determines that the properties are under common ownership or control.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.413, 373.416, 373.426 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 10-18-04, 10-14-13, 1-5-21, [DATE].

 

40B-4.1070 Exemptions.

(1) The following activities are exempt from the requirements for obtaining Works of the District works of the district permits specified in paragraph 40B-4.1040(1)(a), F.A.C.:

(a) A work or development within a Works of the District that was completed or partially completed prior to January 29, 2001, including routine custodial maintenance, so long as it is not altered or substantially improved. Work or development within a work of the district which is completed prior to the implementation dates in Rule 40B-4.1030, F.A.C., or which was authorized by permits issued by any other local, regional, state, or federal agency provided the work or development is in compliance with conditions of all such permits. If a work or development activity is complete and did not previously require permits from any local, regional, state, or federal agency, the activity is exempt including routine custodial maintenance so long as it is not altered or substantially improved.

(b) through (c) No change.

(d) Work for an onsite sewage disposal system that is regulated by the Florida Department of Health or the Florida Department of Environmental Protection. Work for an onsite sewage disposal system for a single-family residence which is regulated by the Florida Department of Health under Chapter 64E-6, F.A.C.

(e) Commercial projects Projects which have received an authorization under Section 403.814(12), F.S.

(f) No change.

(g) Non-residential structures outside of the 75-foot setback placed above the natural grade of the ground that are less than or equal to 50 square feet of cross sectional area of the floodway when calculated cumulatively on a project with other obstructions. Structures placed above the natural grade of the ground which are less than or equal to 50 square feet of the cross-sectional area of the floodway outside of the 75 foot setback.

(h) Decorative landscaping gardens which are above the natural grade of the ground which are less than or equal to 25 square feet of the cross-sectional area of the floodway and located outside of the 75 foot setback.

(h) (i) Driveways, sidewalks, and paths which at the driving or walking surface, are less than or equal to 6 inches above the adjacent natural grade of the ground and located outside of the 75 foot setback. Note: the cross-sectional area of obstruction of the floodway created in the use of this exemption, when calculated cumulatively on a project with other obstructions, is applied to the implementation of rules 40B-4.3010 and 40B-4.3030, F.A.C.

(i) (j) Boardwalks or stairs, waterward of the top of bank, which are no more than 5 feet in width. If landings are required, each shall be no more than 144 square feet.

(j) (k) The removal of non-native, invasive, dead or diseased vegetation.

(k) Temporary structures outside of  the 75-foot setback, which are on the site for fewer than 180 consecutive days.

(l) Installation and placement of hydrologic monitoring equipment and associated decks no greater than 200 square feet of walking surface within the regulatory floodway by federal, state, or local governmental entities.

(2) No change.

(3) An exemption from these rules shall not relieve any person or entity from compliance with the requirements of Chapter 62-330, F.A.C., incorporated by reference in Rule 40B-4.1090, F.A.C.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04, 8-11-10, 10-14-13, [DATE].

 

40B-4.3035 Minimum Operation and Maintenance Standards.

The permittee or operation and maintenance entity shall regularly inspect and maintain the work or development to ensure insure that:

(1) through (3) No change.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.042, 373.084, 373.085, 373.086, 373.117, 373.409, 373.416, 373.426 FS. History–New 10-14-13, [DATE].