NOTICE IS HEREBY GIVEN that on November 10, 2010, the South Florida Water Management District (District) Governing Board has issued an order.
SFWMD Order No.: 2010-196-DAO-ROW was issued to Mirtha Marshall (Application No.: 10-0702-4). The petition for waiver was received by the District on October 6, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 42, on October 22, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing lawn light pole, dock, water and electric, fence, landscaping and pool heater to remain within the north right of way of the Hillsboro Canal; Section 33, Township 47 South, Range 42 East, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which prohibits the placement of permanent and semi-permanent above-ground facilities within forty feet of the top of the canal bank within works or lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver, as follows: 1) the facilities will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon principles of fairness.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.