40E-4.091 : Publications, Rules and Interagency Agreements Incorporated by Reference - Florida Administrative Rules, Law, Code, Register

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Rule Title: Publications, Rules and Interagency Agreements Incorporated by Reference
Department:	WATER MANAGEMENT DISTRICTS	Add to MyFLRules Favorites
Division:	South Florida Water Management District
Chapter:	ENVIRONMENTAL RESOURCE PERMITS

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

	Effective Date:	6/28/2024
	History Notes:	Rulemaking Authority 373.044, 373.103, 373.113, 373.413, 373.418, 373.4131, 373.441 FS. Law Implemented 373.016, 373.042, 373.429, 373.439, 373.046, 373.413, 373.4131, 373.414, 373.4142, 373.416, 373.418, 373.426, 373.441 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6-26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11, 5-20-12, 10-1-13, 8-10-14, 5-22-16, 6-28-24.
	References in this version:	Ref-00052 Broward County Wellfield Protection Ordinance Ref-00053 Miami-Dade Wellfield Protection Ordinance Ref-00054 Delegation Agreement among DEP, SFWMD & Broward County dated May 22, 2001 Ref-00055 Operating Agreement Under Part IV, Chapter 373, F.S.,between SFWMD & DEP, effective July 1, 2007 Ref-02974 62-312, F.A.C. (2/16/2012) Ref-02975 U.S. Department of Agriculture, Soil Conservation Service, "Rainfall Frequency Atlas of Alabama, Florida, Georgia and South Carolina for Durations from 30 Minutes to 24 Hours and Return Periods from 1 to 100 years" (1978), referenced in AH II subsection 5.7.2(c) Ref-02977 62-520, F.A.C. (7/12/2009) Ref-02981 Florida Department of Transportation "Drainage Manual, Appendix B: IDF-Curves, Precipitation Data, Rainfall Distributions" (August 2001) Ref-02983 U.S. Department of Agriculture, Natural Resources Conservation Service "National Engineering Handbook, Part 630, Chapter 10" (2004) Ref-06802 62-4, F.A.C., effective February 17, 2016 Ref-15501 62-302, F.A.C. eff. 11/17/2016 Ref-15502 62-550, F.A.C., eff. 8/5/2016 Ref-15504 NOAA_Atlas14_Volume9_Version2 Ref-15505 SFWMD Environmental Resource Permit Applicant's Handbook Vol II

History of this Rule since Jan. 6, 2006

Section	Description	ID	Publish Date

Variances 40E-4.091	On October 25, 2024, the South Florida Water Management District denied Bimini Square, LLC’s (“Petitioner”) Petition for Variance filed on April 2, 2024 (Variance Application No. 240329-43097/Permit No. 36-110649-P, regarding ....	28923768	10/29/2024 Vol. 50/212
Variances 40E-4.091	Variance (Petition) from Sanibel Station, LLC (Petitioner), 11501 Northlake Drive, Cincinnati, Ohio 45249, for a project known as Sanibel Outparcel, located in Lee County, Florida (Variance Application No. 240618-44388, ....	28509966	7/2/2024 Vol. 50/129
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	28542073	Effective: 06/28/2024
Variances 40E-4.091	Variance (Petition) from RLR1, LLC and 7-Eleven, Inc. (Petitioners), 600 Gillam Road, Wilmington, Ohio 45177, and 3200 Hackberry Road, Irving, Texas 74063, respectively, for a project known as 7-Eleven Store No. 42251, ....	28457489	6/17/2024 Vol. 50/118
Variances 40E-4.091	On April 15, 2024, the South Florida Water Management District granted Palau Sunset Harbor Condominium Association, Inc.’s Petition for Variance (“Petition”) (Application No. 230803-39725/Permit No. 13-109326-P) filed on ....	28287060	4/23/2024 Vol. 50/80
Variances 40E-4.091	variance (Petition) from Bimini Square, LLC (Petitioner), 1918 9th Street East, West Fargo, ND 58078, for a project known as Bimini Square Mixed-Use Development, located in Lee County, Florida (Variance Application No. 240329-43097/Permit ....	28253692	4/11/2024 Vol. 50/72
Variances 40E-4.091	variance from Palau Sunset Harbor Condominium Association, Inc. (Petitioner), 1201 20th Street, Miami Beach, Florida 33139, for a project known as Palau Sunset Harbor Condominium, located in Miami-Dade County, Florida (Variance ....	27455285	8/18/2023 Vol. 49/161
Proposed 40E-4.091	In 2020, the Legislature passed Senate Bill 712 (SB 712) (a.k.a. the Clean Waterways Act, now in Chapter 2020-150, Laws of Florida). SB 712 directed the Florida Department of Environmental Protection (FDEP) and the water ....	26862130	4/21/2023 Vol. 49/78
Variances 40E-4.091	On April 4, 2023, the South Florida Water Management District granted Bravoflorida, LLC’s Petition for Variance (Application No. 230210-37500/Permit No. 36-108411-P) filed on February 10, 2023, for Burger King #15194 Redevelopment ....	27032365	4/10/2023 Vol. 49/69
Misc 40E-4.091	Notice of Extension under Subsection 120.74(5), Florida Statutes	27006757	3/31/2023 Vol. 49/63
Workshop 40E-4.091	The South Florida Water Management District (District) published a Notice of Rule Development on December 18, 2020, in the Florida Administrative .... January 24, 2023, 9:00 a.m. This workshop will be conducted via Zoom, a media technology ....	26692089	1/10/2023 Vol. 49/06
Misc 40E-4.091	Notice of Extension under Subsection 120.74(5), Florida Statutes	25713262	4/1/2022 Vol. 48/64
Validity 40E-4.091	JACARANDA AT CENTRAL PARK MASTER ASSOCIATION, INC. vs. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,; Case No.: 22-0849RX; Rule No.: 40E-4.091; Petition	25687654	3/22/2022 Vol. 48/56
Misc 40E-4.091	Notice of Extension under Subsection 120.74(5), Florida Statutes	24370782	4/1/2021 Vol. 47/63
Development 40E-4.091	The South Florida Water Management District will update the "Environmental Resource Permit Applicant’s Handbook Volume II for Use Within the Geographic Limits of the South Florida Water Management District" (Applicant’s ....	24001309	12/18/2020 Vol. 46/245
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	17520739	Effective: 05/22/2016
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	17518217	Effective: 05/22/2016
Proposed 40E-4.091	The District is proposing to amend Section 2.1.19 of the Environmental Resource Permit Applicant's Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District, to incorporate the ....	17415397	4/15/2016 Vol. 42/74
Proposed 40E-4.091	The proposed amendments to this rule and the Environmental Resource Permit Applicant's Handbook, Volume I, For Use Within the South Florida Water Management District, will incorporate the amended water quality standards ....	17273874	4/1/2016 Vol. 42/64
Development 40E-4.091	The District is proposing to correct its environmental resource permitting rules and adopt updated rules of the Department of Environmental Protection.	15174309	11/25/2014 Vol. 40/229
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	14873318	Effective: 08/10/2014
Change 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	14624610	6/25/2014 Vol. 40/123
Proposed 40E-4.091	The District is proposing to adopt the "Procedure for Environmental Resource Permit (ERP) Water Quality Evaluations for Applications Involving Discharges to Outstanding Florida Waters and Water Bodies that Do Not Meet State ....	14387542	5/5/2014 Vol. 40/87
Development 40E-4.091	To update and incorporate an "Impaired Waters Guidance Memorandum". Currently, this memorandum is included in the District's Permit Information Manual as a Design Aid to assist applicants in meeting the water quality requirements ....	13666832	10/23/2013 Vol. 39/207
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	13523078	Effective: 10/01/2013
Correction 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	13135563	6/19/2013 Vol. 39/119
Change 40E-4.010 ......	Review of Environmental Resource Permit Applications, Policy and Purpose, Definitions, Permits Required, Permit Thresholds, Formal Determination of Wetlands and Other Surface Waters, Exemptions From Permitting, ....	13008202	6/17/2013 Vol. 39/117
Public Hearing 40E-4.010 ......	This is a continuation of the May 9, 2013 public hearing to adopt amendments or repeal provisions in Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41, .... July 13, 2013, beginning 9:00 a.m. Village of Key Biscayne, Council Chambers, 560 Crandon Boulevard, ....	13006650	5/15/2013 Vol. 39/95
Proposed 40E-4.010 ......	The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental ....	12775014	4/10/2013 Vol. 39/70
Workshop 40E-4.010 ......	The Department of Environmental Protection (DEP), in coordination with the five Water Management Districts (WMDs), is conducting rulemaking .... January, 14, 2013, 1:00 p.m. This workshop will be broadcast via webinar. Webinar registration ....	12445505	12/31/2012 Vol. 38/100
Development 40E-4.010 ......	The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the ....	12029278	9/28/2012 Vol. 38/39
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	11498397	Effective: 05/20/2012
Correction 40E-4.021 ......	Definitions, Exemptions From Permitting, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Duration of Permits	11140564	3/2/2012 Vol. 38/09
Proposed 40E-4.021 ......	To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are ....	10861010	2/10/2012 Vol. 38/06
Development 40E-4.021 ......	To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are ....	10726956	12/22/2011 Vol. 37/51
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	10749848	Effective: 12/15/2011
Change 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	10517824	10/28/2011 Vol. 37/43
Proposed 40E-4.011 ......	The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The amendments are as follows: 1) delete “general” from standard permits pursuant to Section 373.118, F.S.; 2) ....	9536281	9/9/2011 Vol. 37/36
Development 40E-4.011 ......	To amend the District’s rules and Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District to: 1) delete obsolete forms and other documents incorporated by reference; ....	9146729	9/24/2010 Vol. 36/38
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	8816735	Effective: 07/04/2010
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	8798111	Effective: 07/01/2010
Change 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	8589367	4/30/2010 Vol. 36/17
Change 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	8589173	4/30/2010 Vol. 36/17
Proposed 40E-4.091	To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-4.091, F.A.C., pertaining to Mitigation ....	8383436	3/12/2010 Vol. 36/10
Proposed 40E-4.091	To incorporate by reference, a conservation easement form for local government use when the local government is submitting a permit application involving dedication of a conservation easement to the South Florida Water Management ....	8383339	3/12/2010 Vol. 36/10
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	7879230	Effective: 11/11/2009
Development 40E-4.091	To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-40.091, F.A.C, pertaining to Mitigation ....	7859151	10/30/2009 Vol. 35/43
Development 40E-4.091	To incorporate by reference a conservation easement for local government use when the local government is submitting a permit involving a conservation easement to the South Florida Water Management District (District) as ....	7854786	10/30/2009 Vol. 35/43
Proposed 40E-4.021 ......	The purpose and effect of the proposed rule amendments is to: (1) reflect that the Bald Eagle is no longer classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a threatened species under its imperiled ....	6483497	7/31/2009 Vol. 35/30
Development 40E-4.091	To incorporate by reference the Agreement for Delegation of a Portion of the Environmental Resource Permitting Program between the South Florida Water Management District and Miami-Dade County.	6344108	11/7/2008 Vol. 34/45
Development 40E-4.021 ......	The South 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 ....	5827777	7/3/2008 Vol. 34/27
Development 40E-4.091	To incorporate by reference the delegation agreement between the South Florida Water Management District and Collier County for a portion of the Environmental Resource Permitting Program. The agreement delegates to Collier ....	4654659	9/28/2007 Vol. 33/39
Development 40E-4.091	The District previously published a notice of rule development in the December 9, 2005, Volume 31, Number 49 issue of the Florida Administrative Weekly. The purpose of this second notice of rule development is to incorporate ....	4486364	8/17/2007 Vol. 33/33
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	4370061	Effective: 07/22/2007
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	4299930	Effective: 07/01/2007
Development 40E-4.051 ......	The Department of Environmental Protection (DEP), in coordination with the water management districts, proposes to develop a new Chapter 62-347, F.A.C., to develop updated stormwater quality treatment design and performance ....	4162675	6/1/2007 Vol. 33/22
Proposed 40E-4.041 ......	The purpose of these rule amendments is to update rules referencing the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District” (BOR) to reflect the current version ....	4125621	5/25/2007 Vol. 33/21
Development 40E-4.041 ......	The purpose of this rulemaking is: 1) to update rules referencing the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District” to incorporate the current version ....	4049573	4/27/2007 Vol. 33/17
Public Hearing 40E-4.091 ......	A public hearing to adopt amendments to Rules 40E-4.091, and 40E-4.302, F.A.C., to incorporate the "Operating Agreement Concerning Regulation .... May 10, 2007, beginning 9:00 a.m. South Florida Water Management District Headquarters, B-1 Auditorium, ....	4046954	4/27/2007 Vol. 33/17
Proposed 40E-4.091	To incorporate by reference the Amended Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District ....	3386481	3/2/2007 Vol. 33/09
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	3462626	Effective: 01/23/2007
Change 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	3253785	12/1/2006 Vol. 32/48
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	3165515	Effective: 11/20/2006
Final 40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference	1722640	Effective: 10/01/2006
Development 40E-4.091	To revise the Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and Department of Environmental ....	653894	9/1/2006 Vol. 32/35
Proposed 40E-4.091	To incorporate language which clarifies that the Uniform Mitigation Assessment Method (UMAM) found in Rule 62-345, F.A.C., is applicable to all applications received on or after February 2, 2004.	652245	9/1/2006 Vol. 32/35
Proposed 40E-4.091	To ensure any conservation easements, restrictive covenants or plat restrictions placed over property included in an environmental resource permit will be consistent with Section 704.06, Florida Statutes.	652148	9/1/2006 Vol. 32/35
Development 40E-4.091	To ensure any conservation easements, restrictive covenants or plat restrictions placed over property included in an environmental resource permit will be consistent with Section 704.06, Florida Statutes. In order to accomplish ....	468818	7/7/2006 Vol. 32/27
Development 40E-4.091	To include language which clarifies that the Uniform Mitigation Assessment Method (UMAM) found in Rule 62-345, F.A.C., is applicable to all applications received on or after February 2, 2004.	415080	6/16/2006 Vol. 32/24
Correction 40E-4.021 ......	Definitions, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Duration of Permits, General Conditions	365901	5/26/2006 Vol. 32/21
Development 40E-4.091	To incorporate by reference a Delegation Agreement Between the South Florida Water Management District and Collier County for delegation of a portion of the Environmental Resource Permitting Program. Collier County will ....	306537	5/5/2006 Vol. 32/18
Proposed 40E-4.021 ......	The proposed amendments incorporate provisions to allow for noticing, delivery and receipt of documents through electronic media.	308089	5/5/2006 Vol. 32/18

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