5649976, 40D-40.040 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5649976

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-40.040	General Environmental Resource Permits (Repealed)
40D-40.112	Content of Application for General Permits (Repealed)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-40.040 and 40D-40.112, 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 general ERP applications seeking a proprietary authorization for activities located on sovereignty submerged lands and to correctly list who is invited to comment on general 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-40.040, F.A.C., is amended to add Rule 40D-1.603, F.A.C., to the list of rules applicable to the review of general ERP applications involving a proprietary authorization for activities located on sovereignty submerged lands. Rule 40D-40.112, F.A.C., is revised to list correctly the agencies that the District provides notice to and requests comments from when reviewing a general ERP application involving activities located in, on, or over wetlands or other surface waters.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118, 373.421(2) FS.

LAW:

373.413, 373.414, 373.416, 373.419, 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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