3032625, 40D-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 3032625

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.021

Definitions (Repealed)

PURPOSE:

The purpose of the proposed rule amendment is to revise the definitions of General and Individual Environmental Resource Permits. Subsection 373.118(1), Florida Statutes (F.S.), authorizes the District to adopt rules establishing a general permit system for those projects or categories of projects that either singly or cumulatively have a minimal adverse impact on the water resources of the District. Subsection 373.811(4), F.S., authorizes delegation of the powers and duties relative to such general permits to designated staff. However, the statute further requires that when delegating authority to take final action on applications for general permits under Parts II or IV of Chapter 373, F.S., the Governing Board must provide a process for referring any denial of such an application to the Governing Board for final action. District staff is no longer delegated the authority to deny applications for general permits and all such denials must go to the Governing Board for final approval. The proposed ame ndments will reflect this change in the District’s rules.

SUBJECT:

The definitions of General and Individual Environmental Resource Permits to remove references to the authority of District staff to deny applications for such permits.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171 FS.

LAW:

373.403, 373.413 FS.

PRINT PUBLISH DATE:

10/13/2006 Vol. 32/41

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118, 373.149, 373.171 FS., 373.403, 373.413 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40D-4.021&PDate=10/13/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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