8733315, 40D-400.475 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8733315

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-400.475

General Permit for Minor Activities (Repealed)

PURPOSE:

The purpose and effect of the proposed revision to Rule 40D-400.475, Florida Administrative Code (F.A.C.), is to delete the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this Noticed General Permit. These threshold requirements are included in revisions the District is proposing to Rule 40D-4.051, F.A.C., to create a new environmental resource permitting (ERP), exemption for minor activities. The effect of the amendments to Rule 40D-400.475, F.A.C., together with the amendments of Rules 40D-4.051 and 40D-4.021, F.A.C., will allow the regulated public to conduct minor activities that the District has determined have minimal individual or cumulative impacts to the water resources without applying to the District for confirmation that a proposed activity qualifies for either an exemption or NGP and paying the applicable fee.

SUMMARY:

The proposed revision to Rule 40D-400.475, Florida Administrative Code (F.A.C.), deletes the 4,000 and 9,000 square foot threshold requirements from the permit criteria of this Noticed General Permit. These threshold requirements are included in revisions the District is proposing to Rule 40D-4.051, F.A.C., to create a new environmental resource permitting (ERP), exemption for minor activities. The District is also proposing to amend Rule 40D-4.021, F.A.C., to add a definition of “semi-impervious” to clarify the types of surfaces that will contribute to the new exemption threshold area. The new exemption will include activities that involve less than 4,000 square feet of impervious or semi-impervious surface subject to vehicular traffic in uplands and activities that involve less than 9,000 square feet of total impervious or semi-impervious surface in uplands.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.413, 373.414, 373.416, 373.419 FS.

PRINT PUBLISH DATE:

6/4/2010 Vol. 36/22

COMMENTS:

From 6/4/2010 To 6/25/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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