Notice of Variances and Waivers

South Florida Water Management District
Rule No. : RULE TITLE :
40E-6.011: Policy and Purpose
The South Florida Water Management District (District) hereby gives notice:
On January 13, 2011, the District Governing Board issued SFWMD Order No. 2011-010-DAO-ROW to Charles and Maria Torres (Application No. 10-0812-3). The petition for waiver was received by the District on November 9, 2010. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 36, No. 47, on November 24, 2010. No public comment was received. This Order provides a waiver of the District’s criteria to allow existing landscaping that is within 40 feet from top of bank within the north right of way C-2 Canal to remain; Section 33, Township 54 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), F.A.C., 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), F.A.C., which prohibits the placement of permanent and/or semi-permanent above-ground facilities within 40 feet of the top of the canal bank within works of 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 or additional information may be obtained by contacting:
Juli Russell at the South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680; telephone: (561)682-6268; or by email at: