40E-6.041. Consent Required

(1) Unless expressly exempt by law or District rule, a right of way occupancy permit, either a notice general permit or a standard permit, must be obtained prior to connecting with, placing structures in or across, discharging into or making use of the works of the District and any additional lands or real property interest owned by the District used in conjunction with such works, including the Stormwater Treatment Areas (STA’s).

(2) All other use and occupancy of District works or lands must be consistent with the purposes and objectives of Chapter 373, F.S. and Title 40E, F.A.C.

(3) These rules do not apply to:

(a) Those portions of “management areas” described pursuant to Chapter 40E-7, Part V, F.A.C., not contained within Works of the District, or

(b) Property managed by the District pursuant to the District’s Real Estate of leasing policies, except as otherwise limited by Rule 40E-6.221(9), F.A.C.

(4) These rules do not apply to the Seminole Tribe of Florida at such time as there exists a District approved agreement specifically addressing the use and management of District rights of way between the District and the Seminole Tribe of Florida.

(5) Except when works or lands of the District have been affirmatively opened to public vehicular use, a right of way occupancy permit must be obtained prior to traveling on or across such works or lands.

(6) A conceptual approval for the use of works of the District may be obtained by processing a right of way occupancy permit application in conjunction with the request for a letter of conceptual approval only if the letter of conceptual approval is requested pursuant to Section 380.06(9)(b), F.S.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 380.06(9)(b), 373.118 FS. History–New 9-3-81, Formerly 16K-5.01(1), 16K-5.10, Amended 7-1-86, 12-29-86, 12-24-91, 9-15-99, 8-12-13.