RULE NO: RULE TITLE
40B-400.046: Formal Determinations
40B-400.051: Exemptions
PURPOSE AND EFFECT: The purpose of the rule development is to update Rule 40B-400.046, Florida Administrative Code, to incorporate the form 40B-400.046A Petition for a Formal Wetland and Surface Water Determination. The form was previously incorporated by reference in Rule 40B-1.901, F.A.C.; however, recent changes to Section 120.55, Florida Statutes, require that items incorporated by reference shall be incorporated into the corresponding rule. In addition, the rule language will be updated in accordance with review by Joint Administrative Procedures Committee. Rule 40B-400.041, F.A.C., will also be amended to maintain consistency with Florida Statutes. The effect of the proposed rule amendments will be to correct the location of the form in the rules and provide for a simplified and updated version of the form, as well as maintain consistency with Florida Statutes.
SUBJECT AREA TO BE ADDRESSED: This proposed rule development will correct the location of the form in the rules and provide for a simplified and updated version of the form, and amend the rule to maintain consistency with Section 403.813(1)(i), Florida Statutes, regarding the exemption for construction of private docks that are 1,000 square feet or less of over-water surface area and seawalls in artificially created waterways.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118 FS.
LAW IMPLEMENTED: 373.118, 373.413, 373.416, 373.426 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: Linda Welch, Rules Coordinator, Suwannee River Water Management District, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.