26948848, 40D-8.623 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 26948848

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

WATER LEVELS AND RATES OF FLOW

Overview

RULE:

40D-8.623

Minimum Wetland Levels

PURPOSE:

The amendments remove the existing prescriptive methodology rule language and the specific Minimum Wetland Level definition for certain, isolated cypress wetlands in order to allow use of minimum level methods that best address site-specific characteristics. Minimum levels are used in the District’s permitting and resource management and development programs.

SUMMARY:

Section 373.042, F.S., requires the District to establish minimum flows and levels for lakes, wetlands, rivers and aquifers within the District’s boundaries. Section 373.0421(3), F.S., further requires the District to periodically reevaluate and revise adopted minimum flows and levels. The establishment and periodic evaluation of minimum levels is required to ensure that the minimum hydrologic requirements of the water resources and ecology of the area are maintained. This rulemaking is necessary to remove existing prescriptive methodology rule language and the specific Minimum Wetland Level definition for certain, isolated cypress wetlands in order to allow use of minimum level methods that best address site-specific characteristics instead of a one-size-fits-all approach.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171 F.S.

LAW:

373.036, 373.042, 373.0421, F.S.

PRINT PUBLISH DATE:

3/21/2023 Vol. 49/55

COMMENTS:

From 3/21/2023 To 4/11/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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