8383436, 40E-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8383436

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.091

Publications, Rules and Interagency Agreements Incorporated by Reference

PURPOSE:

To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-4.091, F.A.C., pertaining to Mitigation Reduction Through a Melaleuca Eradication Program. The proposed rule amendment eliminates the regulatory incentive program implemented by the District, through the Environmental Resource Permitting process, that encouraged property owners to maintain their property free of melaleuca (Melaleuca Quinquenervia). This mitigation incentive program has never been utilized. In addition, the State of Florida passed legislation in February 2004, requiring applicants obtaining Environmental Resource Permits to utilize the Statewide Uniform Mitigation Assessment Method (UMAM) for determining mitigation requirements.

SUMMARY:

To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-4.091, F.A.C., pertaining to Mitigation Reduction Through a Melaleuca Eradication Program.

RULEMAKING AUTHORITY:

373.044, 373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

LAW:

373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

PRINT PUBLISH DATE:

3/12/2010 Vol. 36/10

COMMENTS:

From 3/12/2010 To 4/2/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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