5649879, 40D-4.041 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5649879

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.041	Permits Required (Repealed)
40D-4.101	Content of Application (Repealed)

PURPOSE:

This rulemaking is part of a package of rule amendments to revise and update the District’s permit application noticing and agency action noticing procedures. The purpose of amendments proposed for Rules 40D-4.041 and 40D-4.101, F.A.C., is to describe more accurately the procedures that are in use for reviewing Environmental Resource Permit (ERP) applications. The effect will be to reference Rule 40D-1.603, F.A.C., as being applicable in the review of ERP applications seeking a proprietary authorization for activities located on sovereignty submerged lands and to correctly list who is invited to comment on ERP applications involving wetlands or other surface waters.

SUMMARY:

District rules for permit application noticing and agency action noticing have remained largely unchanged since their inception in the 1980’s. The District is proposing amendments to Chapters 40D-1, 40D-2, 40D-4 and 40D-40, F.A.C., to revise and update the District’s noticing procedures. Rule 40D-4.041, F.A.C., is amended to add Rule 40D-1.603, F.A.C., to the list of rules applicable to the review of individual ERP applications that involve a proprietary authorization for activities located on sovereignty submerged lands. Rule 40D-4.101, F.A.C., is revised to list correctly the agencies that the District provides notice to and requests comments from when reviewing an individual ERP application involving activities located in, on, or over wetlands or other surface waters.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.149, 373.171 FS.

LAW:

373.042, 373.413, 373.416, 373.426, 373.427 FS.

PRINT PUBLISH DATE:

5/23/2008 Vol. 34/21

COMMENTS:

From 5/23/2008 To 6/13/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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