40B-4.1020: Definitions
40B-4.3030: Conditions for Issuance of Works of the District Development Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to adopt a definition for the term “clearing” and remove confusing language to be consistent with recently adopted language, which will allow for better comprehension of the rules within part III of this chapter by the public and District staff.
SUMMARY: This proposed rule will provide a definition for clearing and remove confusing language, with respect to works of the district permits and environmental resource permits.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There is neither a cost nor an exemption from cost associated with these rules. The clarification of language and new definition will allow for better public and District understanding of what is regulated by the District and should thereby reduce cost to the public.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.019, 373.084, 373.085, 373.086, 373.403 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Robin Lamm, Business Resource Specialist, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-4.1020 Definitions.
(1) No change.
(2) “Clearing” means removal of either vegetation or structures for any purpose other than perpetual agricultural or silvicultural activities. Clearing includes, but is not limited to, cutting brush, removal of trees, burning, root-raking, de-stumping, land leveling, earthwork, chopping, grinding, and any other activity intended to convert property from its current condition to a developable condition.
(3)(2) “Conservation Plan” means a formal document, prepared or approved by the local Soil and Water Conservation District organized pursuant to Chapter 582, F.S., which outlines a system of management practices to control soil erosion, reduce sediment loss, or protect the water quality on a specific parcel of property.
(4)(3) “Conversion” means a man-made change to a wetland as defined in Section 373.019(22), F.S., or surface water by draining, filling, or other means which results in the permanent change of the wetland or surface water to an upland.
(5)(4) “Critical Duration” means the duration of a specific storm event (i.e., 100-year storm) which creates the largest volume or highest rate of net stormwater runoff (post-development runoff less pre-development runoff) for typical durations up through and including the 10-day duration event. The critical duration is determined by comparing various durations of the specified storm and calculating the peak rate and volume of runoff for each. The duration resulting in the highest peak rate or largest total volume is the “critical duration” storm.
(6)(5) “Detention” or “To Detain” means the collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of stormwater.
(7)(6) “Development” means any man-made change to improved or unimproved real estate within a work of the district including but not limited to, construction of surfacewater management systems, works, appurtenant works, structures, mining, dredging, filling, grading, paving, excavation, drilling operations, development of sewage disposal systems, or the alteration of the topography of a tract of land for purposes consistent with the occupation of agriculture, silviculture, floriculture, or horticulture including agricultural closed systems.
(8)(7) “Direct Hydrologic Connection” means a natural connection which occurs on an average of 30 or more consecutive days per year. In the absence of reliable hydrologic records, a continuum of naturally occurring wetlands may be used to establish a direct hydrologic connection.
(9)(8) “Effective Grain Size” means the diameter of filter sand or other aggregate that corresponds to the 10th percentile finer by dry weight on the grain size distribution curve.
(10)(9) “Engineer” means a professional engineer registered in Florida, or other person exempted pursuant to the provisions of Chapter 471, F.S., who is competent in the fields of hydrology and stormwater control.
(11)(10) “Existing Surfacewater Management System” means any surfacewater management system including an individual work upon which construction is complete and the system is in operation on the effective date of this chapter, or any system which has received construction authorization pursuant to a permitting program established under the authority of Chapter 373 or 403, F.S., prior to the effective date of this chapter. In addition, a redevelopment project, including drainage improvements, street paving, or stormwater improvements, which has received funding approval in a local unit of government’s fiscal year 1985-1986 budget or for which federal or state grant funds have been committed prior to the effective date of this chapter shall be considered an existing system.
(12)(11) “Filtration” or “To Filter” means selective removal of suspended matter from stormwater by passing the water through at least two feet of suitable fine textured granular media such as porous soil, uniformly graded sand and gravel, or other natural or artificial aggregate, which may be used in conjunction with filter fabric and/or underdrain pipe.
(13)(12) “Floodway” or “Regulatory Floodway” means the channel of a river, stream, or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood/one percent annual change of flood without cumulatively increasing the 100-year flood/one percent annual chance of flood elevation more than a designated height. Unless otherwise noted, all regulatory floodways in the Suwannee River Water Management District provide for no more than one-foot rise in water surface elevations.
(14)(13) “Governing Board” means the governing board of a water management district. Unless used in a different context, “governing board” or “board” means the governing board of the Suwannee River Water Management District.
(15)(14) “Impervious” means land surfaces which do not allow, or minimally allow, the penetration of water; included as examples are building roofs and normal concrete and asphalt pavements.
(16)(15) “Minimum Level” means the level of the water table or of the potentiometric surface in an aquifer or the level of surface water at which further withdrawals would be significantly harmful to the water resources of the area.
(17)(16) “Minimum Rate of Flow” means the limit at which further withdrawals from a stream or other watercourse would be significantly harmful to water resources or ecology of the area.
(18)(17) “New Surfacewater Management System” or “New Works” means any system or work which is not an existing system.
(19)(18) “New Development” means any development as defined herein which:
(a) Was not complete on the effective date of this chapter; or
(b) Involves substantial improvement to any structure in a work of the district; or
(c) Involves alteration of any work or appurtenant works or surfacewater management system in a work of the district.
(20)(19) “Obstruction” means any fill, structure, work, appurtenant work, or surfacewater management system placed in waters, a floodway, or a work of the district which may impede the flow of water or otherwise result in increased water surface elevations.
(21)(20) “Project Area” means the total land area owned or controlled by the applicant which will be serviced or affected by a surfacewater management system or work.
(22)(21) “Retention” or “To Retain” means the prevention of, or to prevent the discharge of, a given volume of stormwater runoff by complete on-site storage.
(23)(22) “Stormwater” means the flow of water which results from, and which occurs immediately following a rainfall event.
(24)(23) “Structure” means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on the land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently.
(25)(24) “Subdivision” means the platting of real property into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division. Subdivision includes the establishment of new streets and alleys, additions, and resubdivisions; and, when appropriate to the context, subdivision applies to the process of subdividing or to the lands or area to be subdivided.
(26)(25) “Substantial Improvement” means any repair, reconstruction, rehabilitation or improvement of a structure, the cost of which exceeds, over a five year period a cumulative total of 50 percent of the market value of the structure either:
(a) Before the improvement or repair is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of a building commences whether or not that alteration affects the external dimensions of the building. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are necessary to assure safe conditions or any alteration of a structure listed on the National Register of Historic Places.
(27)(26) “Surveyor” or “Professional Land Surveyor” means a person who is registered to engage in the practice of land surveying under Sections 472.001 through 472.039, F.S.
(28)(27) “Uniformity Coefficient” means the number representing the degree of homogeneity in the distribution of particle sizes of filter sand or other granular material. The coefficient is calculated by determining the D60/D10 ratio where D10 and D60 refer to particle diameter corresponding to the 10th and 60th percentile of the material which is finer by dry weight.
(29)(28) “Water Management District” means any flood control, resource management, or water management district operating under the authority of Chapter 373, F.S. Unless otherwise stated, water management district or district shall refer to the Suwannee River Water Management District.
(30)(29) “Watershed” means the land area which contributes to the flow of water into a receiving body of water. Watersheds are subdivided into the following types;
Coastal: watershed areas contributing runoff to the Gulf of Mexico by sheet flow or coastal streams which are subject to tidal effect.
Stream: watershed areas contributing runoff to a stream or river.
Lake-Open: watershed areas contributing runoff to a lake which has an outfall.
Lake-Closed: watershed areas contributing runoff to a lake which does not have an outfall.
Stream-Sink: watershed areas contributing runoff to a stream which recharges an aquifer through a sinkhole under normal flow.
Internal Drainage: watershed areas without well defined surfacewater drainage patterns and where runoff, if it occurs, infiltrates as recharge following a rain event.
(31)(30) “Work of the District” means those projects and works including, but not limited to, structures, impoundments, wells, streams, and other watercourses, together with the appurtenant facilities and accompanying lands, which have been officially adopted by the governing board as works of the district. Works of the district officially adopted by the board are adopted by rule in Rule 40B-4.3000, F.A.C., of this chapter.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.019, 373.403 FS. History–New 9-25-85, Amended 12-22-92, 10-3-95, 5-13-07,_________.
40B-4.3030 Conditions for Issuance of Works of the District Development Permits.
(1) through (11) No change.
(12)(a) No clearing of trees and vegetation shall occur [except as provided in paragraphs (d) and (e) below] other than what is necessary to construct structures, associated water supply, wastewater disposal, and private driveway access facilities.
(b) No change.
(c) Clearing of vegetation within the front 75 feet immediately adjacent to and including the normally recognized bank of a water body shall be limited to that necessary to gain access to the water body or remove diseased vegetation.
(d) through (f) No change.
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07, 8-11-10,_________.