7740229, 40D-4.042 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7740229

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.042

Formal Determination of Wetlands and Other Surface Waters (Repealed)

PURPOSE:

The purpose and effect of the proposed rule revision is to provide entities with existing formal determinations that expire between September 1, 2008 and January 1, 2012 the option to renew the formal determination for a duration of two (2) years without a fee.

SUMMARY:

District Rule 40D-4.042, Florida Administrative Code (F.A.C.), currently allows the renewal of existing formal determinations for a period of five (5) years at a reduced fee of Two Hundred Fifty ($250.00) dollars provided physical conditions on the property have not changed so as to alter the boundaries of wetlands and other surface waters. The entity requesting a renewal is also required to file its petition within 60 days prior to the existing determination’s expiration. The proposed revisions will provide an option to renew existing formal determinations that expire between September 1, 2008 and January 1, 2012 for a duration of two (2) years without a fee. The two (2) year renewal is also limited by the requirement that physical conditions on the property have not changed so as to alter the boundaries or wetlands and other surface waters and the requirement to file a petition for renewal within certain timeframes.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.421(2) FS.

LAW:

373.421(2) FS.

PRINT PUBLISH DATE:

10/16/2009 Vol. 35/41

COMMENTS:

From 10/16/2009 To 11/6/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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