4314480, 40D-4.051 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4314480

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.051	Exemptions (Repealed)
40D-4.091	Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

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, road widening, shoulder paving and recreational trails located along roadways. The amendments will streamline the permitting process for minor roadway safety-related projects having no or minimal resource impacts.

SUMMARY:

The proposed exemptions from ERP requirements are limited to certain specified safety-related roadway projects; provided such projects do not reduce the capacity of the existing surface water management system, are not located within wetlands or other surface waters and include best management practices for erosion and sedimentation control. The activities to be exempt are: sidewalks six feet or less in width constructed along roadways and which do not obstruct or impound surface waters; turnlanes less than 0.25 mile in length and other intersection improvements; road widening and shoulder paving projects which do not create additional traffic lanes; and recreational paths for nonmotorized vehicles located along roadways and limited to eight feet in width for unidirectional paths or 12 feet in width for bidirectional paths. Amendment of Environmental Resource Permitting Information Manual Part B, Basis of Review (BOR) Section 5.8 is also proposed to delete language that will be rendered unnecessary upon adoption of the proposed exemptions. Rule 40D-4.091, F.A.C., is amended to reference the adoption date of the proposed changes in the BOR and to correct the title of the document.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.149, 373.171, 373.414(9) FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.406, 373.413, 373.414, 373.414(9), 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

7/6/2007 Vol. 33/27

COMMENTS:

From 7/6/2007 To 7/27/2007 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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