29883777, 40D-1.660 - Florida Administrative Rules, Law, Code, Register

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Notice: 29883777

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.660

Publications, Forms and Agreements Incorporated by Reference

PURPOSE:

The Florida Department of Environmental Protection (DEP) and the state’s five water management districts (WMDs) are jointly initiating rulemaking to comply with the Clean Waterways Act (Chapter 2020-150, Laws of Florida), which was enacted through Senate Bill 712 in 2020. This legislation directs DEP and the WMDs to revise the stormwater design and operation regulations under Section 373.4131, Florida Statutes, using the latest scientific information available. The purpose and effect of the proposed rulemaking is to: (1) Promote greater consistency between DEP’s statewide regulations and the region-specific standards adopted by each WMD; (2) Incorporate low-impact development (LID) best management practices (BMPs) and design criteria that increase nutrient removal; and (3) Ensure the consistent application of the net improvement performance standard for pollutant load reductions across all districts. To achieve these goals, DEP has updated Chapter 62-330, F.A.C., and Volume I of the Environmental Resource Permit (ERP) Applicant’s Handbook, and each WMD must update its respective Volume II to ensure consistency with DEP’s updated statewide standards.

SUMMARY:

To align with DEP’s updated ERP rules, the Southwest Florida Water Management District (SWFWMD) is proposing to amend Rule 40D-1.660, F.A.C., which incorporates by reference the District’s ERP Applicant’s Handbook Volume II. The proposed changes to Volume II will include: (1) Removal of redundant content and eliminating all water quality presumptive criteria, water quality treatment standards (including for BMPs), sediment and erosion control requirements, and operation and maintenance provisions, which are now addressed exclusively in DEP’s updated Chapter 62-330, F.A.C., and DEP’s ERP Applicant’s Handbook Volume I; (2) Revising and clarifying remaining provisions in SWFWMD’s Handbook Volume II to reflect updated terminology, design standards, and regulatory criteria not covered by Volume I; AND (3) Making miscellaneous edits throughout Volume II to improve clarity and ensure conformity with DEP’s revised rules.

RULEMAKING AUTHORITY:

373.046(4), 373.113, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.461 FS.

LAW:

373.413, 373.4131, 373.414, 373.415, 373.416, 373.418, 373.426, 373.461(3) FS.

PRINT PUBLISH DATE:

8/18/2025 Vol. 51/160

COMMENTS:

From 8/18/2025 To 9/8/2025 (21 Days)

REFERENCE MATERIALS:

Ref-18558 Environmental Resource Permit Applicant's Handbook Volume II

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