8383339, 40E-4.091 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8383339

Notice of Proposed Rule

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.091

Publications, Rules and Interagency Agreements Incorporated by Reference

PURPOSE:

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 District as a component of the Environmental Resource Permit process. The regulated public, in this case the local government, will benefit by the incorporation of this form into the District’s rules by reducing review time for both the local government and District staff reviewers and by ensuring that the form is consistent with the requirements of Section 704.06, Florida Statutes, and other conservation easement forms adopted by the District. Applicants may still propose language to address site specific characteristics because the existing rule language explicitly states that when an applicant demonstrates that project specific conditions necessitate deviation from language of the accepted forms, alternative language shall be accepted, provided that the intent of Section 704.06, Florida Statutes, and Section 4.3.8 of the Basis of Review are met.

SUMMARY:

To incorporate by reference Form No. 1318, Conservation Easement for Local Government.

RULEMAKING AUTHORITY:

373.044, 373.103(8), 373.113, 373.171, 373.413, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

LAW:

373.413, 373.4135, 373.4137, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

PRINT PUBLISH DATE:

3/12/2010 Vol. 36/10

COMMENTS:

From 3/12/2010 To 4/2/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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