4314189, 40D-1.600 - Florida Administrative Rules, Law, Code, Register

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Notice: 4314189

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

PROCEDURAL

Overview

RULE:

40D-1.600

Permit Applications - General and Noticed General Permits (Repealed)

PURPOSE:

The purpose of the proposed rule amendment is to revise Rule 40D-1.600, F.A.C., to state that a General Environmental Resource Permit with an associated proprietary authorization that is of heightened public concern must be approved by the Governing Board. The effect of this revision will allow the Governing Board an opportunity to gain an awareness of these projects and to provide staff with comment and direction prior to appearing before the Board of Trustees.

SUMMARY:

General Environmental Resource Permits are issued by District staff, pursuant to authority delegated by the Governing Board. When a General Environmental Resource Permit involves activities on sovereign submerged lands a proprietary authorization is also required. District staff is authorized to issue the proprietary authorization except in certain cases prescribed by rule. One exception is for projects determined to be of heightened public concern according to subsection 18-21.005(4), F.A.C. A determination of heightened public concern is based on a project's potential effect on the environment or a project's controversial nature. When an application has been determined to be of heightened public concern, the decision to issue the proprietary authorization must be made by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees). The proposed rule amendment revises Rule 40D-1.600, F.A.C., to state that a General Environmental Resource Permit with an associated proprietary authorization that is of heightened public concern must be approved by the Governing Board. This revision will allow the Governing Board an opportunity to gain an awareness of these projects and to provide staff with comment and direction prior to appearing before the Board of Trustees.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.149, 373.171 FS.

LAW:

373.118 FS.

PRINT PUBLISH DATE:

7/6/2007 Vol. 33/27

COMMENTS:

From 7/6/2007 To 7/27/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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