40A-44.041. Permits Required

(1) Unless expressly exempted by law or District rule, a surface water management permit must be obtained, pursuant to this chapter, from the District to construct, alter, operate, maintain, or abandon any dam, impoundment, reservoir, appurtenant work or works associated with agricultural or forestry projects.

(2) The District issues three types of agricultural and forestry surface water management permits: general surface water management permits, individual surface water construction permits, and individual operation and maintenance permits.

(a) General Surface Water Management Permits. This permit provides for the construction, maintenance, and operation of a facility. A general permit is applicable for projects:

1. Within a watershed which contains less than 640 acres above (upstream of) the project’s point of discharge, or

2. Which could impound water by a dam which is less than ten feet in height from the natural bed of the water course at the downstream toe of the barrier, as determined by the District, or which has an impounding capacity of less than fifty (50) acre-feet, and

3. Has either singly or cumulatively, a minimal adverse impact on the water resources of the District.

(b) Individual Surface Water Construction Permits. A permit is applicable for all projects which are not exempt, which are not eligible for a general permit, or which are not otherwise authorized activities pursuant to this chapter.

(c) Operation and Maintenance Permits. A permit for operation and maintenance of any dam, impoundment, reservoir, appurtenant work or works is required for permitted projects under paragraph 40A-44.041(2)(b), F.A.C.

Rulemaking Authority 373.044, 373.113, 33.418 FS. Law Implemented 373.118, 373.406, 373.413, 373.416, 373.418, 373.426 FS. History–New 10-1-84, Amended 8-1-89, 7-1-92, 7-1-98, 8-6-13, 3-27-19.