7198678, 40B-400.046 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 7198678

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Suwannee River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40B-400.046	Formal Determinations (Repealed)
40B-400.051	Exemptions (Repealed)

PURPOSE:

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:

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.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.118, 373.413, 373.416, 373.426 FS.

PRINT PUBLISH DATE:

5/29/2009 Vol. 35/21

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118 FS., 373.118, 373.413, 373.416, 373.426 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40B-400.046&PDate=5/29/2009&Section=1

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.