5279727, 40D-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5279727

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

INDIVIDUAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-4.091

Publications, Forms and Agreements Incorporated by Reference (Transferred)

PURPOSE:

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 proposing a homeowners’ or property owners’ association as the operation and maintenance entity for a surface water management system are required to submit the new form.

SUMMARY:

Section 2.6.2 of the Basis of Review (BOR) for Environmental Resource Permitting Information Manual details the requirements for homeowners' association, property owners’ association or master association documents when such an entity will become the surface water system operation and maintenance entity. The proposed amendments provide a reference to Section K of the Joint Application For: Environmental Resource Permit/Authorization to use State Owned Submerged Lands/Federal Dredge and Fill Permit which is concurrently being adopted in Rule 40D-1.659, F.A.C. The new form provides the means by which applicants will be required to identify the location in association documents of language that ensures compliance with the requirements of Section 2.6.2 of the BOR. The BOR is adopted by reference in Rule 40D-4.091, F.A.C.

RULEMAKING AUTHORITY:

373.044, 373.046, 373.113, 373.171, 373.414 FS.

LAW:

373.0361, 373.114, 373.171, 373.403, 373.413, 373.414, 373.416, 373.429, 373.441 FS.

PRINT PUBLISH DATE:

2/29/2008 Vol. 34/09

COMMENTS:

From 2/29/2008 To 3/21/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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