Florida Administrative Code

A general permit is a permit issued by rule of the Department pursuant to Section 403.814, F.S., which authorizes persons to undertake certain activities which cause minimal adverse environmental impact when performed in accordance with specific requirements and practices set for…

(1) Persons wishing to use one or more of the general permits set forth in the Department's rules shall, at least 30 days before beginning any work, notify the Department in writing or on forms adopted by the department. They shall describe the proposed project, and include suppo…

(1) The terms, conditions, requirements, limitations, and restrictions set forth in this Part are "general permit conditions" and are binding upon the permittee. The conditions are enforceable under Chapter 403, F.S. (2) The general permit is valid only for the specific activity …

(1) The waters of the state are among its basic resources. Such waters should be managed to conserve and protect natural resources and scenic beauty and to realize the full beneficial use of the resource. Recognizing the importance of water to the state, the Legislature passed th…

The water resource implementation rule shall also include the following Department rules: (1) Surface Water Quality Standards, Chapter 62-302 and Rule 62-4.242, F.A.C. (2) Ground Water Classes, Standards, and Exemptions, Chapter 62-520, F.A.C. (3) Drinking Water Standards, Monito…

When used in this chapter and in the review of rules of the Districts pursuant to Section 373.114(2), F.S., unless the context or content of such District rule requires a narrower, more specific meaning, the following words shall mean: (1) "Aquifer" shall mean a geologic formatio…

The following statement of general water resource implementation policy shall guide Department review of water management programs, rules, and plans. Water management programs, rules and plans, where economically and environmentally feasible, not contrary to the public interest, …

The following shall apply when the use of water is regulated pursuant to Part II of Chapter 373, F.S.: (1) No permit shall be granted to authorize the use of water unless the applicant establishes that the proposed use is a reasonable-beneficial use, will not interfere with prese…

(1) To the extent practical, the Districts shall seek to achieve a consistent approach to water shortage phases and related restrictions, particularly where political jurisdictions fall within more than one District. (2) Except when an emergency order is issued under Sections 373…

(1) The overall water conservation goal of the state shall be to prevent and reduce wasteful, uneconomical, impractical, or unreasonable use of water resources. Conservation of water shall be required unless not economically, environmentally, or technically feasible. (2) The Dist…

(1) The reuse of reclaimed water, the recycling of stormwater for irrigation and other beneficial uses, and the recycling of industrial wastewater, shall be promoted. In the adoption and implementation of consumptive use permitting rules, the reuse or recycling of water shall be …

The following shall apply to the transfers of surface and ground water where such transfers are regulated pursuant to Part II of Chapter 373, F.S.: (1) The transfer or use of surface water across District boundaries shall require approval of each involved District. The transfer o…

(1)A comprehensive watershed approach provides an important tool for managing the cumulative impacts of human activities. Where possible, the Department and Districts shall promote a watershed management approach for addressing water quality, water supply, natural systems, and fl…

(1) Standards. (a) Water quality standards shall be enforced pursuant to Chapters 403 and 373, F.S., to protect waters of the State from point and nonpoint sources of pollution. (b) State water quality standards adopted by Department rule shall be a part of the Florida Water Plan…

(1) Effective stormwater management is essential to reduce existing nonpoint source pollution problems and to protect surface water resources from stormwater pollution from existing and new land uses. (2) The following goals are established to provide guidance for Department, Dis…

(1) The following shall apply to the regulation of surface water pursuant to Part IV, Chapter 373, F.S. (a) The construction and operation of facilities which manage or store surface waters, or other facilities which drain, divert, impound, discharge into, or otherwise impact wat…

Flood protection shall be implemented within the context of other interrelated water management responsibilities. Florida will continue to be dependent on some structural water control facilities constructed in the past, and new structural facilities may sometimes be unavoidable …

(1) The Department and the Districts shall provide leadership to protect and enhance the beneficial values of floodplains. This shall include active coordination with local governments, special districts, and related programs of federal agencies, the Department of Community Affai…

Programs, plans, and rules to accomplish natural systems protection and management shall include rules to address adverse cumulative impacts, the establishment of minimum flows and levels (Rule 62-40.473, F.A.C.) and may include reservations and other protection measures for surf…

(1) In establishing minimum flows and levels pursuant to Sections 373.042 and 373.0421, F.S., consideration shall be given to natural seasonal fluctuations in water flows or levels, nonconsumptive uses, and environmental values associated with coastal, estuarine, riverine, spring…

(1) The governing board or the department, by rule, may reserve water from use by permit applicants, pursuant to Section 373.223(4), F.S., in such locations and quantities, and for such seasons of the year, as in its judgment may be required for the protection of fish and wildlif…

(1) In cooperation with the water management districts, regional water supply authorities, and others, the Department shall develop the Florida Water Plan pursuant to Section 373.036, F.S. The Florida Water Plan shall include: (a) The programs and activities of the Department rel…

(1) Each District shall develop a comprehensive water management plan, based on at least a 20-year planning period, which is consistent with the provisions of this chapter and Section 373.036(2), F.S. District Water Management Plans are comprehensive guides to the Districts in ca…

(1) After acceptance by the District Governing Board, District Water Management Plans shall be submitted to the Department. (2) Within sixty days after receipt of a Plan for review, the Department shall review each Plan for consistency with this chapter and recommend any changes …

(1) As part of the District Water Management Plans, each governing board shall develop a regional water supply plan for each water supply planning region for which the districtwide water supply assessment determines that sources of water are not adequate to supply water for all e…

(1) All local governments, water management districts, and state agencies are directed by Section 373.026(2), F.S., to cooperate with the Department in making available to the Department such scientific or factual data as they may possess. The Department shall prescribe the forma…

(1) This chapter shall be reviewed periodically, but in no case less frequently than once every four years. (2) Within 12 months after adoption or revision of this chapter, the Districts shall have revised their rules and reviewed their programs to be consistent with the provisio…

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 3-24-82, Formerly 17-42.01, 17-42.001, Amended 1-7-91, 5-2-94, Formerly 17-402.001, Repealed 3-15-12.

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 3-24-82, Formerly 17-42.02, Amended 9-17-86, Formerly 17-42.020, Amended 1-7-91, 5-2-94, Formerly 17-402.020, Repealed 3-15-12.

Rulemaking Authority 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.139, 373.59 FS. History-New 3-24-82, Formerly 17-42.03, Amended 9-17-86, Formerly 17-42.030, Amended 1-7-91, 5-2-94, Formerly 17-402.030, Repealed 3-15-12.

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59, 375.045 FS. History-New 5-2-94, Formerly 17-402.031, Repealed 3-15-12.

Rulemaking Authority 373.026, 373.043 FS. Law Implemented 373.016, 373.026, 373.043, 373.59 FS. History-New 3-24-82, Formerly 17-42.05, 17-42.050, Formerly 17-402.050, Repealed 3-15-12.

Rulemaking Authority 373.016, 373.026, 373.043, 373.139, 373.59 FS. Law Implemented 373.016, 373.139, 373.59 FS. History-New 9-17-86, Formerly 17-42.060, Amended 1-7-91, 5-2-94, Formerly 17-402.060, Repealed 3-15-12.

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 5-2-94, Formerly 17-402.070, Repealed 3-15-12.

(1) Rules 62-41.300 through 62-41.305, F.A.C., and the Central Florida Water Initiative Area Supplemental Applicant's Handbook (Supplemental Applicant's Handbook), incorporated by reference in subsection 62-41.302(1), F.A.C., implements Section 373.0465(2)(d), F.S. These rules ap…

For consumptive use applicants with withdrawal points within the CFWI Area, this rule supersedes in their entirety subsections 40C-2.301(1) and (2); 40D-2.301(1) and (2); and 40E-2.301(1), F.A.C. (1) To obtain a consumptive use permit, renewal, or modification within the CFWI Are…

(1) Rules 62-41.302 through 62-41.305, F.A.C., shall be used in conjunction with the Central Florida Water Initiative Area Supplemental Applicant's Handbook (Supplemental Applicant's Handbook), effective January 5, 2022, which is hereby adopted and incorporated by reference herei…

(1) Scope. Applicants may seek a variance from Rules 62-41.301 and 62-41.302, F.A.C., and the provisions of the Supplemental Applicant's Handbook if there are unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical. A …

(1) Priority List. Prior to submittal to the Department for approval pursuant to Section 373.042(3), F.S., each District proposing a Minimum Flow or Minimum Water Level (MFL) or Reservation in the Central Florida Water Initiative (CFWI) Area shall: (a) Hold a meeting among staff …

(1) Pursuant to Section 373.0465(d), F.S., this rule includes existing recovery strategies within the Central Florida Water Initiative (CFWI) Area adopted before July 1, 2016. This includes only the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water Use Cautio…

(1) Rules 62-41.400 through 62-41.402, F.A.C., implement section 373.219, F.S. These supplemental rules provide the basis for the evaluation of consumptive uses of water to ensure they are not harmful to an Outstanding Florida Spring or its spring run as defined in subsections 37…

(1) Harmful to the Water Resources for Outstanding Florida Springs means a consumptive use that adversely impacts an Outstanding Florida Spring or its spring run in one or more of the following ways: (a) Causing harmful water quality impacts to the Outstanding Florida Spring or i…

(1) No permit issued by the agencies for the consumptive use of water shall authorize groundwater withdrawals that are harmful to the water resources as provided in paragraph (3)(g), and each permittee shall meet the criteria established in Rule 62-41.401, F.A.C. (2) In order to …

(1) The purpose of this chapter is to set forth Department-adopted minimum flows and levels (MFLs) and the regulatory provisions of any required related recovery or prevention strategy as provided in Section 373.042(4), F.S. (2) The Department recognizes that recovery and prevent…

When used in this chapter, including materials incorporated by reference, the following words shall have the indicated meanings unless the rule indicates otherwise: (1) Agency or Agencies: The Department and applicable water management districts acting under the authorities affor…

The Department hereby establishes the following minimum flows and levels in accordance with Section 373.042, F.S. (1) Lower Santa Fe and Ichetucknee Rivers and Associated Priority Springs: The minimum surface water flows for the Lower Santa Fe and Ichetucknee River and Associated…

Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.453, 373.455, 373.456 FS. History-New 12-7-87, Amended 2-21-90, Formerly 17-43.010, Repealed 2-28-12.

(1) "Department" means the Department of Environmental Protection. (2) "Secretary" means the Secretary of the Department of Environmental Protection. (3) "District" means any one of the five water management districts created by Section 373.069, F.S. (4) "Fund" means the Surface …

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments, shall develop and maintain…

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments shall prepare and submit to…