30123464, 40C-2.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30123464

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

PERMITTING OF CONSUMPTIVE USES OF WATER

Overview

RULE:

40C-2.041	Permits Required
40C-2.042	General Permit by Rule
40C-2.101	Publications Incorporated by Reference
40C-2.401	Identification Tags

PURPOSE:

Chapter 2024-180, Laws of Florida, requires water management districts to develop rules promoting reclaimed water use and encouraging quantifiable potable water offsets with specific requirements for such rules. The purpose and effect of the proposed rule amendments will be to: (1) create rule amendments to allow for a consumptive use permit (CUP) duration up to 30 years and CUP extensions up to 10 years if a water supply development or water resource development project using reclaimed water meets certain conditions under new subsection 373.250(9), F.S. (in rule 40C-2.101, F.A.C., and the CUP Applicant’s Handbook); (2) incorporate by reference the Outstanding Florida Springs rules adopted in rules 62-41.400 through 62-41.402, F.A.C. (in rule 40C-2.101, F.A.C., and the CUP Applicant’s Handbook); (3) repeal the requirement that only one CUP application can remain pending at a time and address comment by staff of the Joint Administrative Procedures Committee (JAPC) regarding permit renewals (in rule 40C-2.041, F.A.C.); (4) amend the criteria for a local government to adopt an ordinance limiting landscape irrigation to enforce certain criteria for landscape irrigation within its jurisdiction (in rule 40C-2.042(2)(b)1., F.A.C.); (5) allow a local government located in more than one water management district  to adopt an ordinance providing for alternative landscape irrigation conservation measures to achieve a uniform irrigation schedule within its jurisdiction that is in accordance with at least one of the involved water management district rules (in rule 40C-2.042(2)(b)3., F.A.C.); (6) clarify rule requiring a permanent identification tag at each withdrawal facility (in rule 40C-2.401, F.A.C., and the CUP Applicant’s Handbook); and (7) make conforming, technical, and clarifying changes throughout.

SUMMARY:

This rule development will cover the revision of District rules on the following subjects: (1) longer CUP durations and CUP extensions for certain projects using reclaimed water that meet subsection 373.250(9), F.S.; (2) the Outstanding Florida Springs rules; (3) general requirement that only one CUP application can remain pending at a time and permit renewals; (4) local government ordinances to enforce certain landscape irrigation criteria in a general permit by rule; (5) requirements for a permanent identification tag at each withdrawal facility; and (6) other rules for which conforming amendments may be needed along with any rule changes made in the subject areas above.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.171, 373.227, 373.250, FS.

LAW:

373.042, 373.0421, 373.079, 373.083(5), 373.109, 373.118, 373.219, 373.223, 373.227, 373.228, 373.229, 373.236, 373.239, 373.250, 373.609, 373.62, FS.

PRINT PUBLISH DATE:

10/20/2025 Vol. 51/204

COMMENTS:

From 10/20/2025 To 11/10/2025 (21 Days)

REFERENCE MATERIALS:

Ref-04443 Applicant's Handbook: Consumptive Uses of Water (Appendix G)
Ref-04446 Rule 62-40.416
Ref-05973 Applicant's Handbook: Consumptive Uses of Water (Appendix I)
Ref-09818 CUP Applicant's Handbook 8-29-18
Ref-18746 SJRWMD CUP Handbook
Ref-18747 Appendix J

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