RULE NO.: RULE TITLE:
5M-15.001: Purpose
5M-15.002: Definitions
5M-15.003: Dispute Regarding Exemption
5M-15.004: Eligibility for a Binding Determination
5M-15.005: Documentation of Dispute
5M-15.006: Exemption Criteria
5M-15.007: Binding Determination Process
5M-15.008: Final Agency Action
PURPOSE AND EFFECT: Pursuant to Section 373.407, Florida Statutes this rulemaking proposes to develop definitions and procedures by which the Department will make binding determinations about whether activities, which alter the topography of land, are or are not exempt from Environmental Resource Permitting requirements of Chapter 373, Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: Departmental procedures to issue binding determinations as to whether an agricultural practice altering the topography of a tract of land is exempt from Environmental Resource Permitting requirements. The land must be classified as agricultural by a property appraiser pursuant to Section 193.461, Florida Statutes. The activity must be a normal and customary agricultural activity for the area and must not be for the sole or predominant purpose of impeding or diverting surface water or adversely impacting wetlands.
RULEMAKING AUTHORITY: 373.407, 570.07(23) FS.
LAW IMPLEMENTED: 373.406(2), 373.407 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.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bill Bartnick, Environmental Administrator, Office of Agricultural Water Policy, 1203 Governor Square Boulevard, Suite 200, Tallahassee, Florida 32301, (850)617-1700 or Fax (850)617-1701

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