40B-4.3020: Content of Works of the District Development Permit Applications
40B-4.3030: Conditions for Issuance of Works of the District Development Permits
40B-4.3040: Unlawful Use of Works of the District
PURPOSE AND EFFECT: The purpose of the rule development is to update these sections of Chapter 40B-4, Florida Administrative Code, based on the regulatory experience of the District since the inception of environmental resources permitting. The effect of the proposed rule amendments will be to provide for more efficient and effective regulation of works of the district activities that are subject to regulation and to provide for better comprehension of the subject rules.
SUMMARY: This proposed rule development will codify additional criteria for works of the district permits.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.171 FS.
LAW IMPLEMENTED: 373.084, 363.085, 373.086 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Administrative Assistant, Suwannee River Water Management District, 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:
PART III Works of the District
40B-4.3020 Content of Works of the District Development Permit Applications.
(1) Applications for a general work of the district development permit shall be filed with the district and shall contain the following:
Form 40B-1.901(11), “Application for General Work of the District Development Permit,” Suwannee River Water Management District, January 29, 2001, hereby incorporated by reference and which contains the following:
(a) The applicant's name and complete address including zip code;
(b) The owner’s name and complete address if applicant is other than the owner;
(c) If applicable, the name, complete address, phone number, and contact person of the applicant or owner;
(d) Copies of all permits received from local units of government, state, or federal agencies, specifically a copy of the building or development permit issued by the appropriate unit of local government, including any variances issued thereto, and a copy of the onsite sewage disposal system permit issued by the Florida Department of Health under Chapter 64E-6, F.A.C.;
(e) A site plan to scale showing all improvements, work, or works with any conditions or limitations placed thereon prepared by a Florida licensed professional engineer or surveyor including plan and profile views with relevant elevations noted such as the elevation of the lowest structural member and benchmark shown. The site plan shall show the location of all trees to be removed which are greater than six inches diameter as measured at four feet, six inches above the natural ground; and
(f) A building plan prepared by the appropriately licensed professional showing profile and detail views of the pilings, the elevation of the lowest structural member, and any building components within the area below the 100-year flood/one percent annual chance of flood elevation; and
(g)(f) Any supporting calculations, designs, surveys, or applicable documents, which in the applicant's opinion, may support the application.
(h) If the applicant is only constructing a dock, boardwalk or deck according to paragraph 40B-4.3030(11)(b), F.A.C., the site plan may be prepared by the applicant.
(2) through (6) No change.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 3-19-86, 9-13-04,________.
40B-4.3030 Conditions for Issuance of Works of the District Development Permits.
(1) through (6) No change.
(7) No fill material or other obstructions shall be placed above the natural grade of the ground except for minor obstructions which are less than or equal to 100 square feet of the cross-sectional area of the floodway. on any building or other similar structure provided that all such This paragraph is not intended to limit the use of pilings for structural purposes. All obstructions developed on any single parcel of land after the implementation date of this chapter shall be is considered cumulatively.
(8) No change.
(9) For any structure placed within a floodway, the district shall require as a condition for issuance of a work of the district development permit that an
(a) Boardwalks and decks less than one foot above natural grade.
(b) Floating docks and access structures associated with floating docks.
(c) The certification shall include, at a minimum, a location map showing existing and added channel cross sections, a scaled graphical representation of channel geometry for each cross section used in the calculation, a scaled graphical representation of floodway encroachments for pre-development and post-development conditions, pre-development calculations matching existing conditions, and post-development calculations showing the rise in flood elevation.
(10) Proposed bBoat ramps, seawalls, retaining walls, and rip-rap constructed within a wWork of the dDistrict shall be designed by the appropriately licensed professional a . Plans for these structures shall provide for erosion, sedimentation and turbidity control.
(11) The district shall not approve the issuance of permits for driveways within a work of the district that are constructed with fill material.
(12)(11) The following conditions shall apply to all works of the district development permits issued for development on lands subdivided after January 1, 1985:
(a) No clearing of trees and vegetation shall occur [except as provided in (d)(c) and (e)(d) below] other than what is necessary to remove diseased vegetation, construct structures, associated water supply, wastewater disposal, and private driveway access facilities.
(b) No construction, additions or reconstruction shall occur in the front 75 feet of an area immediately adjacent to and including the normally recognized bank of a water, except for one deck per parcel located at the top of the bank no larger than 200 square feet and a boardwalk no wider than five feet facilities to provide reasonable pedestrian access to water dependant structures such as docks. The following conditions shall apply to decks and boardwalks:
(i) Decks and boardwalks shall not be enclosed, except for a structural roof; and
(ii) Decks, boardwalks and structural roofs shall be built in a manner to minimize destruction of existing vegetation.
(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 or remove diseased vegetation.
(d) No change.
(e) As to those lands subdivided prior to January 1, 1985, the governing board shall, in cases of extreme hardship, issue works of the district development permits with exceptions to the conditions listed in Rule 40B-4.3030(12)(4)(a) through (e)(d).
(f) No change.
Specific 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, 10-17-04,________.
40B-4.3040 Unlawful Use of Works of the District.
(1) through (3) No change.
(4) Damage to works of the district resulting from violations specified in subsections 40B-4.3040(1) through (3), F.A.C., above shall be repaired by the violator to the satisfaction of the district. In lieu of making repairs, the violator may deposit with the district a sufficient sum to ensure such repair.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 9-13-04, 5-8-05, _________.