Rule: 40D-4.091 Prev   Up   Next

Rule Title: Publications, Forms and Agreements Incorporated by Reference (Transferred)
Department: WATER MANAGEMENT DISTRICTS    Add to MyFLRules Favorites
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Division: Southwest Florida Water Management District
Chapter: INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Latest version of the final adopted rule presented in Florida Administrative Code (FAC):

VIEW_RULE Effective Date: 10/1/2013
History Notes: Rulemaking Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.079(4)(a), 373.083(5), 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08, 5-12-09, 5-17-09, 8-30-09, 11-2-09, 11-3-09, 12-9-09, 9-5-10, 12-8-10, 12-12-11, 12-29-11, 10-1-13, Transferred to 40D-1.660.
References in this version: No reference(s).
History of this Rule since Jan. 6, 2006
Notice /
Adopted
Section Description ID Publish
Date
View Text Variances
40D-4.091
that on June 19, 2017, is has issued an order granting a variance. Petitioner’s Name: Withlacoochee Wetland Mitigation Bank, LLC – File Tracking No. 2016061 Date Petition Filed: October 11, 2016 Rule No.: 40D-4.091, F.A.C. Nature .... 19103003 6/21/2017
Vol. 43/120
View Text Variances
40D-4.091
that on June 19, 2017, it has issued an order granting a variance. Petitioner’s Name: Hillsborough River Mitigation Bank, LLC – File Tracking No. 2016062 Date Petition Filed: October 11, 2016 Rule No.: 40D-4.091, F.A.C. Nature .... 19102712 6/21/2017
Vol. 43/120
View Text Variances
40D-4.091
that on June 19, 2017, it has issued an order granting a variance. Petitioner’s Name: Green Swamp Mitigation Bank, LLC – File Tracking No. 2016060 Date Petition Filed: October 11, 2016 Rule No.: 40D-4.091, F.A.C. Nature .... 19102615 6/21/2017
Vol. 43/120
View Text Variances
40D-4.091
a variance or waiver. Petitioner’s Name: Withlacoochee Wetland Mitigation Bank, LLC Rule No.: 40D-4.091, F.A.C. Nature of the rule for which variance or waiver is sought: Variance from the requirements set forth in Appendix .... 18140278 10/13/2016
Vol. 42/200
View Text Variances
40D-4.091
a variance or waiver. Petitioner’s Name: Hillsborough River Mitigation Bank, LLC Rule No.: 40D-4.091, F.A.C. Nature of the rule for which variance or waiver is sought: Variance from the requirements set forth in Appendix .... 18139987 10/13/2016
Vol. 42/200
View Text Variances
40D-4.091
a variance or waiver. Petitioner’s Name: Green Swamp Mitigation Bank, LLC Rule No.: 40D-4.091, F.A.C. Nature of the rule for which variance or waiver is sought: Variance from the requirements set forth in Appendix 4, .... 18139696 10/13/2016
Vol. 42/200
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference (Transferred) 20069123 Effective:
10/01/2013
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 13518907 Effective:
10/01/2013
View Text Change
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 13059709 5/30/2013
Vol. 39/105
View Text Change
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 13031191 5/22/2013
Vol. 39/100
View Text Proposed
40D-4.091
The purpose and effect of this rulemaking is to incorporate into 40D-4.091, F.A.C., a proposed Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I to be adopted by the Department of Environmental .... 12815463 3/28/2013
Vol. 39/61
View Text Public Hearing
40D-4.091
The District proposes to adopt Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I that will be adopted by ....
  January 22, 2013, at 9:00 a.m.
  SWFWMD Governing Board Room, 7601 Highway 301 North, Tampa, ....
12480231 1/8/2013
Vol. 39/05
View Text Development
40D-4.091
The purpose and effect of this rulemaking is to incorporate a proposed Environmental Resource Permit Applicant’s Handbook Volume II which, together with an Applicant’s Handbook Volume I that will be adopted by the Department .... 12016086 9/21/2012
Vol. 38/38
View Text Withdrawal
40D-4.021
......
Definitions, Publications, Forms and Agreements Incorporated by Reference, Content of Application, Transfer of Permits 11157927 3/9/2012
Vol. 38/10
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 10803974 Effective:
12/29/2011
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 10748587 Effective:
12/12/2011
View Text Correction
40D-4.042
......
Formal Determination of Wetlands and Other Surface Waters, Publications, Forms and Agreements Incorporated by Reference, Content of Application, Modification of Permits 10610265 11/10/2011
Vol. 37/45
View Text Proposed
40D-4.091
......
The purpose of this rulemaking is to adopt a revised Notification and Request for Transfer of Environmental Resource Permit form, which is amended to eliminate reference to any fee, and to allow transfer of the permit to .... 10512004 10/14/2011
Vol. 37/41
View Text Proposed
40D-4.021
......
The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing the forms, to clarify that forms and documents submitted .... 10510549 10/14/2011
Vol. 37/41
View Text Proposed
40D-4.042
......
The purpose and effect of this rulemaking is to reduce the number of copies of application forms and supporting documents that must be submitted for individual environmental resource permit (ERP) applications and petitions .... 10487948 10/14/2011
Vol. 37/41
View Text Development
40D-4.091
......
The purpose of this rulemaking is to adopt a revised Notification and Request for Transfer of Environmental Resource Permit form, which is revised to eliminate reference to any fee, and to allow transfer of the permit to .... 10478927 10/7/2011
Vol. 37/40
View Text Development
40D-4.021
......
The purpose and effect of this rulemaking is to revise certain District Environmental Resource Permitting application and compliance forms and rule text referencing such forms, to clarify that such forms and documents submitted .... 10477375 10/7/2011
Vol. 37/40
View Text Development
40D-4.042
......
The purpose and effect of this rulemaking is to reduce the number of copies of application forms and supporting documents that must be submitted for individual environmental resource permit (ERP) applications and petitions .... 10445365 9/30/2011
Vol. 37/39
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 9450824 Effective:
12/08/2010
View Text Correction
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 9328798 11/5/2010
Vol. 36/44
View Text Proposed
40D-4.091
Proposed rule amendment incorporates by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR). Revisions are proposed to BOR Chapter 3, Sections 3.2 – 3.3.2.2. The purpose .... 9261383 10/15/2010
Vol. 36/41
View Text Development
40D-4.091
Proposed rule amendment incorporates by reference a revised Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR). Revisions are proposed to BOR Chapter 3, Sections 3.2 – 3.3.2.2. The purpose .... 9224038 10/8/2010
Vol. 36/40
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 9066413 Effective:
09/05/2010
View Text Proposed
40D-4.051
......
The purpose of this rulemaking is to add the term, “semi-impervious” to the environmental resource permit rules and portions of the Environmental Resource Permitting Manual Part B, Basis of Review, which set forth permitting .... 8879397 7/16/2010
Vol. 36/28
View Text Development
40D-4.051
......
The purpose of this rulemaking is to add the term, "semi-impervious" to the environmental resource permit rules and portions of the Environmental Resource Permitting Manual Part B, Basis of Review, which set forth permitting .... 8857669 7/9/2010
Vol. 36/27
View Text Variances
40D-4.091
rule waiver from Crystal Bay at Kingsway Condominium Association, Inc. Crystal Bay at Kingsway Way Condominium Association, Inc., seeks a waiver of Section 6.4.1 of the Basis of Review for Environmental Resource Permit Applications .... 8313499 2/26/2010
Vol. 36/08
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 8020268 Effective:
12/09/2009
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 7855465 Effective:
11/03/2009
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 7855562 Effective:
11/02/2009
View Text Proposed
40D-4.091
To amend the District’s Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR), which is incorporated by reference in Rule 40D-4.091, F.A.C. These amendments are intended to provide permit applicants .... 7636051 9/18/2009
Vol. 35/37
View Text Development
40D-4.091
Amendments are proposed to Rule 40D-4.091, Florida Administrative Code (F.A.C.), Publications and Agreements Incorporated by Reference, and the District’s Environmental Resource Permit Information Manual, Part B, Basis of .... 7612286 9/11/2009
Vol. 35/36
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 7554086 Effective:
08/30/2009
View Text Proposed
40D-4.021
......
The purpose and effect of this rulemaking is to make District rules for individual environmental resource permit application processing consistent with recent statutory amendments relating to the processing of permit applications..... 7502967 8/14/2009
Vol. 35/32
View Text Development
40D-4.021
......
The purpose and effect of this rulemaking is to make District rules for individual environmental resource permit application processing consistent with recent statutory amendments relating to the processing of permit applications..... 7443894 7/31/2009
Vol. 35/30
View Text Proposed
40D-4.091
To amend the District’s Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR), to protect the nesting habitat of Bald Eagles. The species has been removed from the Florida Fish and Wildlife Conservation .... 7386567 7/17/2009
Vol. 35/28
View Text Final
40D-4.091
Publications, Forms and Agreements Incorporated by Reference 7114870 Effective:
05/17/2009
View Text Proposed
40D-4.042
......
The District proposes amendments to incorporate by reference the forms relating to Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking .... 7120302 5/15/2009
Vol. 35/19
View Text Withdrawal
40D-4.021
......
Definitions, Permits Required, Publications and Agreements Incorporated by Reference 7134658 5/15/2009
Vol. 35/19
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 7085479 Effective:
05/12/2009
View Text Development
40D-4.042
......
The District proposes amendments to incorporate by reference the forms relating to Environmental Resource Permits (ERPs) into the ERP rules instead of into Rule 40D-1.659, F.A.C. The amendments are part of an overall rulemaking .... 7093724 5/8/2009
Vol. 35/18
View Text Proposed
40D-4.021
......
The purpose of this rulemaking is to delegate to District staff authorization to undertake agency action on certain applications for Individual Environmental Resource Permits. Related amendments are also proposed to Chapter .... 6775661 2/13/2009
Vol. 35/06
View Text Development
40D-4.021
......
The purpose of this rulemaking is to delegate to District staff authorization to undertake agency action on certain applications for Individual Environmental Resource Permits. Related amendments are also proposed to Chapter .... 6739577 2/6/2009
Vol. 35/05
View Text Proposed
40D-4.091
The purpose of this rulemaking is to incorporate by reference a revised Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR). The effect of this rule is to amend Section 2.0 of the BOR to clarify .... 6742099 2/6/2009
Vol. 35/05
View Text Proposed
40D-4.091
The purpose and effect of the proposed revision of Rule 40D-4.091, F.A.C., is to incorporate by reference changes to Section (9)(j)3. of Appendix IV of the Basis of Review for Environmental Resource Permitting (BOR) that .... 6719595 1/30/2009
Vol. 35/04
View Text Development
40D-4.091
The purpose and effect of the proposed revision to Section (9)(j)3. of Appendix IV of the Basis of Review for Environmental Resource Permitting is to remove the consideration of property taxes in the development of cost .... 6685742 1/23/2009
Vol. 35/03
View Text Workshop
40D-4.091
Environmental Resource Permitting - Proposed revisions to Chapters 4 and 7 of the ERP Basis of Review regarding Water Quantity Criteria.
  January 9, 2008, 10:00 AM
  Southwest Florida Water Management District, Tampa Service Office, ....
6519872 12/12/2008
Vol. 34/50
View Text Development
40D-4.091
The purpose of this rulemaking is to incorporate by reference a revised Environmental Resource Permit Information Manual, Part B, Basis of Review (BOR). The effect of this rule is to amend Section 2.0 of the BOR to clarify .... 6159032 9/19/2008
Vol. 34/38
View Text Development
40D-4.091
The Southwest Florida Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule references concerning .... 5843976 7/18/2008
Vol. 34/29
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 5760168 Effective:
06/22/2008
View Text Variances
40D-4.091
The Governing Board of the Southwest Florida Water Management District hereby gives notice of the issuance of an Order of Denial regarding a Petition of Waiver filed on behalf of Deborah A. Kos. Petitioner sought to waive .... 5743290 6/13/2008
Vol. 34/24
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 5617578 Effective:
05/20/2008
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 5585083 Effective:
05/12/2008
View Text Change
40D-4.091
Publications and Agreements Incorporated by Reference 5552879 5/2/2008
Vol. 34/18
View Text Correction
40D-4.091
Publications and Agreements Incorporated by Reference 5361886 3/14/2008
Vol. 34/11
View Text Proposed
40D-4.091
The proposed revision provides a reference to an additional section of the Environmental Resource Permit (ERP) application form in the relevant sections of the ERP Basis of Review. The effect will be to require that applicants .... 5279727 2/29/2008
Vol. 34/09
View Text Development
40D-4.091
The proposed revision provides a reference to an additional section of the Environmental Resource Permit (ERP) application form in the relevant sections of the ERP Basis of Review. The effect will be to require that applicants .... 5200478 2/8/2008
Vol. 34/06
View Text Proposed
40D-4.091
The purpose and effect of the proposed rule is to allow a mitigation banker to request the District to require additional signatures, such as the representative of a financial institution providing funding for the mitigation .... 5140823 1/25/2008
Vol. 34/04
View Text Proposed
40D-4.091
The purpose of the proposed rulemaking is to adopt by reference an operating agreement between the U.S. Army Corps of Engineers (ACOE) and the District. The operating agreement outlines the procedures to be followed by the .... 5140726 1/25/2008
Vol. 34/04
View Text Development
40D-4.091
The purpose and effect of the proposed rule is to allow a mitigation banker to request the District to require additional signatures, such as the representative of a financial institution providing funding for the mitigation .... 5009582 12/21/2007
Vol. 33/51
View Text Development
40D-4.091
The purpose of the proposed rulemaking is to adopt by reference an operating agreement between the U.S. Army Corps of Engineers (ACOE) and the District. The operating agreement outlines the procedures to be followed by the .... 4966514 12/14/2007
Vol. 33/50
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 4904434 Effective:
11/26/2007
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 4619739 Effective:
09/25/2007
View Text Proposed
40D-4.091
The purpose of the proposed amendment is to repeal the 2000 agreement between the District and the Florida Department of Agriculture and Consumer Services (FDACS), entered into to facilitate the resolution of disputed claims .... 4314674 7/6/2007
Vol. 33/27
View Text Proposed
40D-4.091
The purpose of the proposed amendment is to reference Chapter 62-345, F.A.C., which sets forth the Uniform Mitigation Assessment Method (UMAM). The proposed amendment also clarifies that for those projects for which the .... 4314577 7/6/2007
Vol. 33/27
View Text Proposed
40D-4.051
......
The proposed amendments to Environmental Resource Permit (ERP) rules will exempt from permitting certain minor roadway safety-related activities pertaining to the construction of sidewalks, turn lanes, intersection improvements, .... 4314480 7/6/2007
Vol. 33/27
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 3859065 Effective:
07/01/2007
View Text Development
40D-4.091
The purpose of the proposed amendment is to repeal the 2000 agreement between the District and the Florida Department of Agriculture and Consumer Services (FDACS), entered into to facilitate the resolution of disputed claims .... 4296535 6/29/2007
Vol. 33/26
View Text Development
40D-4.091
The purpose of the proposed amendment is to reference Chapter 62-345, F.A.C., which sets forth the Uniform Mitigation Assessment Method (UMAM). The proposed amendment also clarifies that for those projects for which the .... 4296244 6/29/2007
Vol. 33/26
View Text Development
40D-4.051
......
The proposed amendment to Environmental Resource Permit (ERP) rules will exempt from permitting certain minor roadway safety-related activities pertaining to the construction of sidewalks, turn lanes, intersection improvements, .... 4296050 6/29/2007
Vol. 33/26
View Text Variances
40D-4.091
waiver of Flood Plain Encroachment, Application No. 44007521.016, from Chastain-Skillman, Inc., representing petitioner Deborah A. Kos, for the project area located at the rear of lots 163 and 164 in the Oak Brook subdivision .... 3963146 4/6/2007
Vol. 33/14
View Text Change
40D-4.091
Publications and Agreements Incorporated by Reference 3477855 1/26/2007
Vol. 33/04
View Text Proposed
40D-4
......
The purpose and effect of the proposed revisions is to incorporate into the District’s rules a revised and updated operating agreement between the District and the Department of Environmental Protection (DEP) regarding the .... 3131371 11/3/2006
Vol. 32/44
View Text Development
40D-4.091
The purpose and effect of the proposed revisions is to incorporate into the District’s rules a revised and updated operating agreement between the District and the Department of Environmental Protection (DEP) regarding the .... 3032722 10/13/2006
Vol. 32/41
View Text Final
40D-4.091
Publications and Agreements Incorporated by Reference 1701203 Effective:
05/02/2006
View Text Development
40D-4.091
The proposed rule amendment will adopt revised maps of drainage basins in Appendix 6 and revised maps of watersheds in Appendix 4 of the ERP Basis of Review to correspond with the revised descriptions of the drainage basins .... 100703 2/17/2006
Vol. 32/07
View Text Proposed
40D-4.091
The proposed rule amendment will adopt revised maps of drainage basins in Appendix 6 and revised maps of watersheds in Appendix 4 of the ERP Basis of Review to correspond with the recent changes to the District’s boundaries .... 142510 2/24/2006
Vol. 32/08