Florida Administrative Code

(1) The District finds that in certain cases compliance with the requirements of Chapter 40D-3, F.A.C., may result in an undue hardship in the construction, repair, modification or abandonment of wells. (2) Any affected person may request a variance from any part of Chapter 40D-3…

(1) General - Users may request relief from the provisions of Chapters 40D-21 and 40D-22, F.A.C., and orders issued pursuant thereto, by filing with the District a Petition For Variance or Waiver, in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C., or by filing …

The District shall grant or deny a petition for a variance or waiver within 45 days of its receipt by the District. Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 373.079(4)(a), 373.083(5) FS. History-New 7-2-98, Amended 11-2-09. Subpart B Decisio…

(1) For all District permitting decisions under Part II and Part IV of Chapter 373, F.S., and decision on petitions for formal determination of wetlands or other surface waters, the District shall require an applicant to publish, or inform an applicant that the applicant has the …

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise, and such meanings shall apply throughout these rules. To facilitate easier reference, certain terms defined by applicable statute have been included herein with app…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.4136, 373.414 FS. Law Implemented 120.54(5), 120.60, 373.084, 373.085, 373.116, 373.118, 373.119, 373.171, 373.229, 373.2295, 373.308, 373.309, 373.323, 373.413, 373.414, 373.416, 373.418, 373.426, 373.4136 FS. Histor…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 120.54(5), 120.569(2)(n), 373.083, 373.083(5), 373.119, 373.413, 373.416, 373.426, 373.439 FS. History-New 10-5-74, Amended 10-24-76, Formerly 16J-4.16, Amended 10-1-84, Formerly 40D-4.451, Ame…

(1) Emergency well construction permits shall be issued by the Executive Director or the Executive Director's designee when one of the following conditions exist which justifies the issuance: (a) An existing well supplying a particular use has failed and must be immediately repla…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 120.54(5), 373.118, 373.413, 373.414, 373.416, 373.426 FS. History-New 10-3-95, Amended 12-23-97, Formerly 40D-400.211, Amended 7-2-98, 11-2-08, Transferred to 40D-1.6052.

Pursuant to Section 5 of Chapter 61-691, Laws of Florida, the area of the District is divided into watershed basins to include each major stream and its tributary streams and all lands draining therein except the area known as the Green Swamp Watershed Basin. (1) The area of the …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 286.26, 373.083 FS. History-New 7-29-93, Amended 11-2-93, Formerly 40D-1.202, Repealed 10-11-09.

District funds shall be disbursed by wire or electronic transfer according to the following procedure: (1) The Executive Director, or the Executive Director's designee, shall authorize and supervise all wire or electronic transfers of District funds, and shall report all wire or …

Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171 FS. Law Implemented 373.118 FS. History-New 10-1-84, Amended 12-22-94, 7-2-98, 9-26-02, 9-25-07, Repealed 11-2-09. PART VI PERMITTING

Unless expressly exempt by law or District rule, or authorized pursuant to Section 403.814(12), F.S., the following permits shall be obtained from the District prior to commencement of the following activities: (1) A water use permit (WUP) under Chapter 40D-2, F.A.C., must be obt…

(1) Applications for environmental resource permits, notices, requests for verification of exemption, petitions for formal determinations of wetland and other surface waters and other determinations requested under Chapter 62-330, F.A.C., shall be processed in accordance with Cha…

A foreign for-profit or not-for-profit corporation, foreign limited liability company, or foreign partnership must have the authority to transact business in the State of Florida pursuant to Chapters 607, 608, 617 and 620, F.S., prior to obtaining a permit pursuant to Chapters 40…

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.085, 373.413, 373.416 FS. History-Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391, 40D-1.1900, Amended, 6-5-05, 11-2-09, Repealed 6-29-14.

Rulemaking Authority 373.044, 373.113, 373.149, 373.149, 373.171 FS. Law Implemented 373.085, 373.106, 373.116, 373.216, 373.229, 373.246, 373.249, 373.413, 373,414, 373.416 FS. History-New 10-5-74, Amended 10-24-76, Formerly 16J-0.10, 16J-0.11, Amended 10-1-84, Formerly 40D-0.10…

(1) Applications for environmental resource permits, notices, requests for verification of exemption, petitions for formal determinations of wetland and other surface waters and other determinations requested under Chapter 62-330, F.A.C., shall be processed in accordance with Cha…

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 120.54(5), 373.118, 373.413, 373.414, 373.416, 373.426 FS. History-New 10-3-95, Amended 12-23-97, Formerly 40D-400.211, Amended 7-2-98, 11-2-08, Formerly 40D-1.1024, Transferred to 40D-400.205.

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. These fees are assessed in order to defray the cost of evaluating, processing, advertising, mailing, compliance monitoring and inspect…

(1) A permit applicant requesting a permit fee reduction pursuant to Section 218.075, F.S., shall submit, at the time of application for a permit, documentation that the population requirements of the statute have been met and: (a) Certification by the governing body of an entity…

(1) All permits issued pursuant to these rules are contingent upon the continued ownership, lease, or other legal control of property rights in underlying, overlying, or adjacent lands, or the power to acquire such property rights through eminent domain. (2) A permit may be assig…

The following forms and instructions have been approved by the Governing Board and are incorporated by reference into this chapter or into a specific District rule as indicated. Copies of these forms may be obtained from the District offices or the District's website at www.Water…

The following documents are hereby incorporated by reference and are applicable to this chapter and Chapters 40D-40 and 40D-400, F.A.C.: (1) Environmental Resource Permitting Information Manual Part B, Basis of Review http://www.flrules.org/Gateway/reference.asp?No=Ref-00788, Env…

(1) A person who is a "lobbyist" as defined in Section 112.3215, F.S., may not lobby the Southwest Florida Water Management District (the "District") until he or she has registered as a lobbyist with the District. Registration shall be made by completing, under oath, the "Lobbyis…

Rulemaking Authority 373.044, 373.113, 373.149, 373.171 FS. Law Implemented 373.219(2), 373.245 FS. History-New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12. PART X EXCERPTIONS TO THE UNIFORM RULES OF PROCEDURE Subpart A Variance or Waiver

The purpose of this chapter is to implement the provisions of Part II of Chapter 373, F.S., and the Water Resource Implementation Rule set forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found in Chapter 40D-3, F.A.C., entitled Regulation of Wells, Chapt…

The following definitions shall apply Districtwide when used in this chapter and in the District's Water Use Permit Applicant's Handbook Part B, (WUP Applicant's Handbook), (rev. 10/15), (https://www.flrules.org/Gateway/reference.asp?No=Ref-05856), incorporated by reference in Ru…

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.219, 373.223, 373.224, 373.226 FS. History-New 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-2.03, Amended 3-23-81, 10-1-89, Repealed 5-19-14.

(1) The District issues two types of WUPs, a general WUP by rule issued pursuant to subsection (3) and an individual WUP issued pursuant to subsection (4). Unless expressly exempted by law or District rule, a WUP must be obtained from the District prior to any use, withdrawal or …

(1) No permit is required for the following uses: (2) The domestic consumption of water by individual users. The District shall presume, unless otherwise shown to the contrary, that any use of water exceeding the quantities set forth in subsection 40D-2.041(3), F.A.C., is not lim…

(1) The following publications are hereby incorporated by reference into this chapter, and are available from the District's website at www.WaterMatters.org or from the District upon request: (a) Water Use Permit Applicant's Handbook Part B (also referred to as the WUP Applicant'…

(1) Application for a new or renewal of an existing Individual WUP shall be made using the Water Use Permit Application, Form No. LEG-R.100.00 (5/14), (http://www.flrules.org/Gateway/reference.asp?No=Ref-03739), incorporated by reference in paragraph 40D-1.659(1)(h), F.A.C. In or…

(1) To obtain an individual WUP, renewal, or modification, an applicant must provide reasonable assurance that the proposed consumptive use of water, on an individual and cumulative basis: (a) Is a reasonable-beneficial use; (b) Will not interfere with any presently existing lega…

(1) All available water from the Morris Bridge Sink but not greater than 3.9 million gallons of water on any given day is reserved to be used to contribute to achieving or maintaining the Minimum Flows for the Lower Hillsborough River set forth in Rule 40D-8.041, F.A.C. The Morri…

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.079(4)(a), 373.083(5), 373.233 FS. History-New 10-5-74, Formerly 16J-2.12, Amended 10-1-89, 11-2-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) When requested by an applicant, a WUP shall have a duration of 20 years provided the applicant provides sufficient data to demonstrate reasonable assurance that the proposed use meets the conditions for issuance in Rule 40D-2.301, F.A.C., and the criteria in the WUP Applicant…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.171, 373.219, 373.223, 373.227, 373.250 FS. History-New 6-30-10, Repealed 1-23-13.

(1) A permittee may seek modification of any of the terms and conditions of an unexpired permit except when the sole purpose is to modify the expiration date. Notwithstanding, a permittee may seek modification for the sole purpose of modifying the expiration date if it is pursuan…

(1) The Governing Board shall permanently or temporarily revoke a permit in whole or in part, at any time after notice and hearing, if it finds that the use is no longer reasonable beneficial or is no longer in the public interest. (2) In determining whether the use is not reason…

(1) Notwithstanding the provisions of Rule 40D-1.6105, F.A.C., persons who wish to continue an existing, permitted water use and who have acquired ownership or legal control of permitted water withdrawal facilities or the land on which the facilities are located must apply to tra…

(1) Applications for renewal of permits shall be made no earlier than 1 year and should be made no later than 90 days prior to the expiration date of the permit. Application for a permit renewal is timely only if actually received by the District not later than the expiration dat…

(1) Except for permits issued pursuant to Section 373.236(6), F.S., permits issued for a duration of 20 years or longer shall require submittal of a compliance report under Section 373.236(4), F.S., once every ten years, when necessary to maintain reasonable assurances that the c…

(1) WUPs shall be conditioned, as necessary, to ensure that the permitted withdrawal continues to meet the conditions for issuance in Rule 40D-2.301, F.A.C. There are two categories of permit conditions that will be applied to WUPs. Standard conditions contain general information…

(1) When an individual WUP is issued, the Governing Board will issue a permanent tag bearing a use identification number for each withdrawal facility that is required by the District to be metered or for which withdrawal quantities are required to be reported to the District, whi…

Each individual WUP shall authorize water use for as many of the following use types as are applicable, and shall be classified according to the use type for which the greatest use of quantities are authorized. Permit use types are as follows: (1) Public Supply Use, (2) Landscape…

Rulemaking Authority 373.044, 373.113, 373.149, 373.171, 373.216, 373.249 FS. Law Implemented 373.246 FS. History-New 10-5-74, Formerly 16J-2.20, 16J-2.21, Amended 11-4-84, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Permittees with an individual WUP authorizing a water withdrawal within the SWUCA for irrigation may earn Water-Conserving Credits to withdraw additional quantities of ground water for use at the site at which they were earned and for the source for which they were earned. Wa…

(1) When the Governing Board determines that regional action is necessary to address cumulative water withdrawals that are causing or may cause adverse impacts to the water and related natural resources or the public interest, it shall declare, delineate, or modify Water Use Caut…