6775661, 40D-4.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 6775661

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.021	Definitions (Repealed)
40D-4.041	Permits Required (Repealed)
40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

The purpose of this rulemaking is to delegate to District staff authorization to undertake agency action on certain applications for Individual Environmental Resource Permits. Related amendments are also proposed to Chapter 40D-1, F.A.C., concerning permitting processes, Chapter 40D-2, F.A.C., concerning the permitting process for Individual Water Use Permits and Chapter 40D-40, F.A.C., concerning incidental site activities permits applied for in conjunction with Individual Environmental Resource Permits. The effect of this rulemaking will be to enable designated staff to take agency action to approve certain Individual Environmental Resource Permits unless the applicant, District Executive Director or a Governing Board member requests that the permit application be referred to the Governing Board for agency action. Amendments also incorporate a revised Environmental Resource Permit Information Manual Part B, Basis of Review which is being updated to reflect the changes proposed in this rulemaking.

SUMMARY:

As part of the District’s ongoing efforts to improve permitting processes for applicants, amendments are being proposed to delegate to staff authority to take agency action on certain Individual Environmental Resource Permits (ERPs). Rule 40D-4.021, F.A.C., is amended to indicate that the definition of an Individual or a General ERP does not depend upon whether it is issued by staff or the Governing Board. Rule 40D-4.041, F.A.C., is amended to specify that Individual ERPs may be issued by the Governing Board or staff. Governing Board approval would be required if the project area is greater than 500 acres, construction or alteration activities will occur in more than one acre of wetlands or other surface waters, or more than 9 new boat slips are proposed.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.118, 373.149, 373.171, 373.414 FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.426, 373.427, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

2/13/2009 Vol. 35/06

COMMENTS:

From 2/13/2009 To 3/6/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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