9518530, 40D-400.550 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9518530

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-400.550

General Permit for Construction, Operation and Maintenance of Nonproduction-related Agricultural Facilities (Repealed)

PURPOSE:

The purpose of this rulemaking is to establish a new noticed general environmental resource permit for the construction, operation and maintenance of certain nonproduction-related agricultural facilities. The effect will be to reduce the permit application, fee and regulatory requirements for activities that qualify for this new permit.

SUMMARY:

Noticed General Environmental Resource Permits are limited to those activities which have been pre-determined to have minimal individual and cumulative impacts to the water resources of the District. Persons desiring to conduct activities that qualify for a noticed general permit provide notice to the District by submitting an application and fee at least 30 days prior to undertaking the activity, during which time the District will advise if the proposed activities qualify for the requested permit. A new noticed general permit is proposed to allow farms and nurseries to conduct certain specified minimal activities involving passive surface water management systems that avoid wetland areas and rely on vegetated buffers to prevent any water quality or quantity impacts. Qualifying activities include farm worker housing, produce stands and vehicle loading and staging areas. Existing rules require a higher level permit for these activities. Specific conditions for this new permit include: impervious and semi-impervious surface limits of 20% of total land area up to 4 acres; no wetland or other surface water activities or impacts; limited drainage facilities and required buffer areas. Implementation of this noticed general permit will reduce permitting costs for small farm and nursery businesses and regulatory costs for the District, for the activities that qualify for this permit.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.413, 373.414, 373.416, 373.419 FS.

PRINT PUBLISH DATE:

12/30/2010 Vol. 36/52

COMMENTS:

From 12/30/2010 To 1/20/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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