RULE NO.: RULE TITLE:
40D-40.302: Conditions for Issuance of General Permits
PURPOSE AND EFFECT: The purpose of this rulemaking is to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over wetlands and other surface waters. Under current rule language, one of the thresholds for a general permit is activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre limit are upland-cut ditches and any wholly owned isolated wetland or other surface water less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will exclude activities in wholly owned ponds up to one acre in size that are constructed entirely in uplands and for which mitigation is not required from the general permit threshold of one acre of activities in wetlands or other surface waters. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve wetlands and other surface waters.
SUBJECT AREA TO BE ADDRESSED: General Environmental Resource Permits.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The Southwest Florida Water Management District Human Resources Director, 2379 Broad Street, Brooksville, Florida 34604-6899; telephone (352)796-7211, ext. 4702 or 1(800)423-1476 (FL only), ext. 4702; TDD (FL only) 1(800)231-6103; or email to ADACoordinator@swfwmd.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Barbara Martinez, Office of General Counsel, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211, extension 4660 (OGC#2011051)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.