Florida Administrative Code

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.436, 373.439 FS. History-New 4-14-80, Formerly 16G-4.48, Amended 7-1-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.118, 373.418 FS. Law Implemented 373.116, 373.118, 373.413, 373.416, 373.418, 373.426 FS. History-New 4-14-80, Amended 2-1-82, Formerly 16G-4.90, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

The purpose of these rules is to implement the expressed policy of the Northwest Florida Water Management District and the State of Florida to assure that agricultural and forestry projects relating to the management, storage, and drainage of surface waters will not be harmful to…

(1) "Best management practices for agriculture" means those conservation, management and operational practices identified for agriculture as best for reducing pollution and identified in the Florida Department of Agriculture and Consumer Services Best Management Practices adopted…

(1) Unless expressly exempted by law or District rule, a surface water management permit must be obtained, pursuant to this chapter, from the District to construct, alter, operate, maintain, or abandon any dam, impoundment, reservoir, appurtenant work or works associated with agr…

(1) Activities specified in Section 373.406, F.S., are exempt from this chapter. (2) Projects permitted pursuant to this chapter are exempted from the provisions of Chapter 62-330, F.A.C., as long as the land served by the project continues to be used for agriculture or forestry.…

(1) Authorization is hereby granted, subject to the general and specific conditions of this section, to any person who is engaged in forestry operations to conduct the minor works described below: (a) Culvert placement, replacement and maintenance, in streams of less than 10 cubi…

(1) Individual surface water construction permits and general surface water management permits shall be processed according to the provisions of chapter 40A-1, F.A.C., and require approval by the Executive Director or his/her designee. (2) General surface water management permits…

(1) Applications for permits required by this chapter shall include: (a) Form No. A44-A, Surface Water Management Permit Application, amended 7-1-98, which is hereby incorporated by reference. A copy of which can be obtained by contacting the District, or online at http://www.flr…

(1) The owner of any dam, impoundment, reservoir, appurtenant work, or works subject to this chapter may be required, after notice and hearing by the Governing Board, to install and maintain a substantial and serviceable headgate or valve at the point where the water is discharge…

Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.426 FS. History-New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

A non-refundable permit processing fee shall be filed with the District, at the time of application submittal, according to the following fee schedule: Type of Permit Fee (1) General Surface Water Management Permit 25.00 (2) Individual Surface Water Construction Permit Watershed …

(1) The District shall not issue a permit for a new agricultural water management system impoundment or a farm pond impoundment within: (a) An Outstanding Florida Water unless the applicant provides reasonable assurance that the proposed activity will be clearly in the public int…

(1) Unless revoked or otherwise modified, the duration of a permit pursuant to this chapter is: (a) Five years, for a construction permit; (b) Perpetual, for an operation and maintenance permit, except any operation and maintenance permit on an existing facility shall automatical…

An application for modification of a surface water management permit shall be processed in accordance with this rule, unless otherwise revoked, suspended or expired. (1) Applications to modify Individual Surface Water Construction or Individual Operation and Maintenance permits s…

(1) Certain violations of this chapter shall result in the revocation of the permit authorization in whole or in part. A permit may also be revoked under any of the following circumstances: (a) The permittee or his agent has committed any of the acts enumerated in subsections 40A…

(1) Upon timely notice that a permitted project or lands on which the facility is located has been sold or otherwise transferred to a new owner, the permit shall be transferred to a new owner. Until properly transferred the original permittee shall remain responsible for the prop…

(1) The Board will impose on any permit granted under this chapter such reasonable conditions as are necessary to assure that the permitted operation will be consistent with the overall objectives of the District and will not be harmful to the water resources of the District. (2)…

Within 30 days after the completion of construction or alteration of any project for which a permit was granted under this chapter, the permittee shall file with the District a completion report prepared and certified in accordance with the certification requirements of subsectio…

(1) The Executive Director shall grant emergency authorization in accordance with Sections 373.439 and 120.542, F.S. The emergency authorization shall be presented to the Board for concurrence at its next meeting. The failure to receive the Board's concurrence shall invalidate th…

All District forms are available at the following District office: DeFuniak Springs Service Office, 700 US Highway 331 S, DeFuniak Springs, FL 32435. Rulemaking Authority 373.044, 373.113, 373.118, 373.418, 373.4136 FS. Law Implemented 373.116, 373.413, 373.416, 373.426, 373.418 …

(1) The rules of this chapter are published to provide protection for the works of the District by establishing procedures to be followed by those who find it necessary to connect to, withdraw water from, discharge water into, place construction within or across, or to otherwise …

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise and such meaning shall apply throughout Chapter 40A-6, F.A.C. The terms defined in Chapter 373, F.S., shall also apply throughout this chapter. (1) "Tributaries" mea…

(1) Unless expressly exempted by these rules or by the statutes, a permit shall be required to connect to, withdraw water from, place construction within or across, or otherwise make use of a work of the District, or to remove any facility or otherwise terminate such activity. (2…

The following are declared to be works of the District: (1) The structures, impoundment, streams, and other watercourses, together with the appurtenant facilities and accompanying lands described below which are within the Megginnis Creek-Megginnis Arm area of Leon County. (a) Co…

(1) All permit applications under this chapter shall be filed with the Governing Board on NWFWMD Form No. 67 "Northwest Florida Water Management District Works of the District Permit Application"(effective August 1, 2013), which is hereby incorporated by reference. Copies of the …

The processing fee for a Works of the District application will be determined by the actual costs of processing the application, with a minimum cost of $250 for an individual permit. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.109 FS. History-New 4-1…

(1) The issuance of a permit is dependent upon: (a) The application being in the proper form and containing the required information; and (b) The proposed construction, repair, abandonment, alteration, or removal being in accordance with applicable laws, rules, and orders. (2) A …

Rulemaking Authority 373.044, 373.113, 373171, 373.418 FS. Law Implemented 373.084, 373.085(1), 373.413, 373.416, 373.426 FS. History-New 4-14-80, Repealed 8-6-13.

(1) The Board shall revoke or modify a permit pursuant to Sections 373.429 and 373.436, F.S., or at any time if it determines that the permitted work or works has become a danger to the public health or safety; violates the conditions of the permit; or upon request of the holder …

(1) Upon notice that the ownership of the land adjacent to that portion of the project works involved in the permit, or the land served if the permit is a drainage or withdrawal connection, has changed, the permit shall be transferred to the new owner. Until properly transferred,…

Each permittee under this chapter shall be required: (1) To abide by the conditions of the permit issued to him; (2) To maintain any permitted use in a good and safe condition; (3) To allow inspection at any time by District personnel of any use established under the permit; (4) …

Within thirty (30) days after the completion of construction or alteration for which a permit was granted by the Governing Board, the permittee shall file with the District a written statement of completion along with as-built drawings. Rulemaking Authority 373.044, 373.113, 373.…

(1) A letter of authorization from the Executive Director, with the concurrence of the Governing Board, for emergency use of the works of the District may be obtained prior to issuance of a permit if the delay of normal procedures would endanger lives or property. (2) A completio…

Rulemaking Authority 373.044, 373.113, 373.171, 373.418 FS. Law Implemented 373.423 FS. History-New 4-14-80, Formerly 16G-6.46, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Upon completion of any inspection provided for by Section 373.423, F.S., the Executive Director shall determine if any alterations or repairs are necessary in order to comply with the provisions of Chapter 373, F.S., or any regulations, permit, or order issued thereunder, and…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.085 FS. History-New 4-14-80, Formerly 16G-6.49, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Application for a permit under provisions of this chapter shall be submitted on NWFWMD Form No. 67, which may be obtained from the Northwest Florida Water Management District, 152 Water Management Drive, Havana, FL 32333-9700, (850) 539-5999, which is hereby incorporated by refer…

(1) This chapter establishes the policy and procedure for suspending a contractor from working with the District, either temporarily or permanently, when a contractor materially breaches a contract with the District. (2) The District's objective in enacting this chapter is to ser…

When used in this chapter: (1) "Contractor" means an individual, partnership, corporation, joint venture, professional association, an obligor to a third party beneficiary contract, or any other legal entity, including any associated principals, that has entered into a contract w…

(1) For the purposes of this chapter, the Project Manager or Contract Manager, or subsequently titled position, shall determine, in consultation with the District's Executive Director and General Counsel, whether a contractor has materially breached a contract with the District. …

(1) Once the District has mailed a Notice to Defaulting Contractor to the contractor, the Governing Board shall determine whether the contractor should be suspended from doing business with the District, and if suspended, the duration of the suspension. (2) When determining wheth…

The Suspension Notice shall constitute final agency action subject to the provisions of Chapter 120, F.S. Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History-New 8-13-20.

(1) This chapter establishes minimum flows and minimum water levels for surface waters, and minimum water levels for groundwater at specific locations within the Northwest Florida Water Management District. (2) In establishing minimum flows and minimum water levels, the Governing…

(1) "Minimum flow" means the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. (2) "St. Marks River" means the riverine waterbody that originates in eastern Leon County and flows south discharging into Apalachee Bay i…

The Governing Board hereby establishes the following minimum flow. The Governing Board finds that the following minimum flow is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. The minimum flow for St. Marks Rive…

The Governing Board hereby establishes the following minimum flow. The Governing Board finds that the following minimum flow is the limit at which further withdrawals would be significantly harmful to the water resources or ecology of the area. The minimum flow for Wakulla Spring…