Florida Administrative Code

(1) Hike-in or boat-in primitive camping in groups of no more than six persons is allowed on District Lands only in designated camping sites. (2) Camping using a motorized vehicle in groups of no more than six persons is allowed on District Lands only in designated camping sites.…

The introduction of plants or animals to District Lands is prohibited unless done pursuant to a District-initiated land management activity. Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.1391 FS. History-New 1-16-94.

(1) Motorized vehicles that are licensed for Florida highway use are allowed on District Lands. All-terrain, off-road, or other motorized vehicles not licensed for Florida highway use are prohibited on all District Lands except as follows: (a) By a Special Use Authorization for a…

The District encourages the development of retail sales or rentals that provide services or goods that assist the public in using District Lands at locations adjacent to or near District Lands as opposed to being located on District Lands. However, the District recognizes that, i…

(1) Constructing or erecting any facility or structure is prohibited on all District Lands unless authorized by a District Lease or Special Use Authorization, as appropriate. (2) Any unauthorized facility or structure discovered on District Lands shall be removed according to the…

Any use of District Lands not specifically authorized by this chapter is prohibited unless authorized by a Special Use Authorization, District Lease, easement or District letter issued or entered into prior to May 11, 1994. Rulemaking Authority 373.044, 373.113, 373.1391, 373.139…

(1) A person shall apply for a Special Use Authorization to use District Lands in a manner not otherwise provided for in this chapter. (2) To receive a Special Use Authorization the applicant must provide reasonable assurance that: (a) The requested use will not involve the perma…

(1) A person shall apply for a District Lease to use District Land if the use constitutes an agricultural activity or is of such a nature as to require a legal interest in the District Land. (2) A District Lease may be granted only when the purpose of the lease is consistent with…

(1) The District does not encourage the use of District Lands for utility right-of-way easements or other similar purposes. However, the District will grant right-of-way easements if the following criteria are met in the sequence listed below: (a) First, an analysis is performed …

The provisions of this chapter shall not apply to any District-initiated land management activity. Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.1391 FS. History-New 1-16-94.

Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.088, 373.093, 373.096, 373.099, 373.139, 373.1391, 373.199, 373.1401, 373.59 FS. History-New 1-16-94, Amended 7-30-01, Repealed by Section 5, Chapter 2012-31, Laws of Florida, 5-27-12.

This chapter shall not apply to the extent it conflicts with the provisions of any intergovernmental management agreement between the District and another governmental entity for the acquisition or management of District Lands provided those activities, uses, or facilities are en…

All revenues generated from the use of District Lands shall be used for District land acquisition or management. The annual report prepared pursuant to subsection 40C-9.360(7), F.A.C., shall contain a section setting forth the revenues generated from the use of District Lands, ho…

(1) The Board of Trustees of the Internal Improvement Trust Fund, pursuant to Rule 18-21.0051, F.A.C., has delegated to the Governing Board the authority to review and take final agency action on certain applications to use state-owned lands. Rule 18-21.0051, F.A.C., also provide…

(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'…