Florida Administrative Code

(1) Hillsborough County North of State Road 60, and Pasco and Pinellas Counties Salt Water Intrusion within this area has not been regional in nature, but is of localized concern in some coastal areas. The District has chosen the North Pinellas, Southwest Pasco and Northwest Hill…

This Chapter sets forth the regulatory portions of the recovery or prevention strategies to achieve or protect, as applicable, the Minimum Flows and Levels established for rivers, lakes, wetlands and aquifers in Chapter 40D-8, F.A.C., as required by Section 373.0421(2), F.S., (19…

Beginning November 25, 2007, the Minimum Flow for the Lower Hillsborough River shall be as provided in subsection 40D-8.041(1), F.A.C., to be achieved on the time schedule as set forth below. The District and the City of Tampa (City) shall measure the delivery of water to the bas…

(1) Background. Section 373.042, F.S., requires the District to establish Minimum Flows and Levels for priority waters within its boundaries. The District has established Minimum Flows and Levels (MFLs) within the Southern Water Use Caution Area (SWUCA), described in subsection 4…

Rulemaking Authority 120.54, 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.042, 373.0421, 373.171 FS. History-New 6-16-11, Amended 5-19-14, Repealed 2-17-22.

When used in this part: (1) "Access point" means a designated location or boundary for public access to District Lands. (2) "Bicycle" means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) District Lands shall be open to the public from 30 minutes prior to sunrise until 30 minutes after sunset only, unless otherwise authorized by the District. (2) Public access to District Lands is provided at designated access points from public roadways. District Lands, excep…

Any entity planning to conduct a commercial recreational activity consistent with these rules on District Lands shall contact the District and provide the following information prior to entry upon District Lands: (1) Name of business and owner, (2) Address of business and owner, …

Recreational fishing as authorized and regulated by the Florida Fish and Wildlife Conservation Commission is allowed on District Lands except where specifically restricted by signs. The Florida Fish and Wildlife Conservation Commission requires any person engaging in recreational…

Commercial fishing is prohibited on all District Lands unless authorized by a Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04.

Hiking is allowed on District Lands except where specifically restricted by signs. For the purposes of this subsection, hiking shall include jogging, wildlife watching, or any other activity where travel is by foot only. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law …

(1) Equestrian activities are allowed on District Lands where identified by posted signage on trails, areas, roads, or equestian campgrounds. (2) Persons using equine animals on District lands must have proof of a negative Coggins test for Equine Infectious Anemia in their posses…

Bicycling is allowed only on District Lands designated for this purpose. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Amended 6-23-21.

Hunting is allowed on District Lands designated by the District. The Florida Fish and Wildlife Conservation Commission (Commission) regulates and manages recreational hunting on District Lands by agreement with the District and pursuant to the Florida Statutes and the Commission'…

Trapping on District Lands is prohibited except by Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04.

Swimming is allowed on District Lands only in designated areas unless authorized by a Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04.

Scuba diving, or the use of underwater breathing apparatus of a similar nature, is prohibited on District Lands unless authorized by a Special Use Authorization. A person issued a Special Use Authorization to perform a dive from District Lands shall submit a report informing the …

The installation or use of swings, rope swings, platforms or stairs in trees is prohibited, unless otherwise authorized by Florida law. Diving or jumping from trees, banks, structures or bridges on District Lands into any body of water is prohibited. Rulemaking Authority 373.044,…

Dogs and equine animals are allowed on District Lands only in designated areas. Dogs must be leashed or caged at all times unless they are authorized as part of an approved hunting program or authorized by a Special Use Authorization. Other types of domesticated animals, such as …

Removing, destroying, or harassing animals or plants, including the felling of dead trees, from or on District Lands is prohibited except for research efforts, hunting and fishing activities authorized by permit or Special Use Authorization, or District initiated removals associa…

The introduction or release of any plant or animal on District Lands is prohibited unless done pursuant to a District initiated or authorized land management or restoration activity. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. Histo…

Removal, alteration or destruction of historic resources is prohibited on District Lands unless authorized by a Special Use Authorization. The District shall consult the Florida Department of State, Division of Historical Resources, prior to authorizing the removal, alteration or…

The disposal or discharge of any waste outside of designated waste collection facilities is prohibited on District Lands. The disposal of oil, gasoline or other hazardous substances is prohibited on District Lands. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implem…

The destruction, removal or alteration of any District-owned facilities, vehicles or other equipment is prohibited on District Lands. District-owned facilities and equipment include but are not limited to water control structures, scientific study plots, photo points, transect li…

The possession or use of potentially dangerous equipment on District Lands, as set forth below, is prohibited except: (1) For hunting purposes during specifically authorized hunts; (2) For District initiated land management activities; (3) As authorized by a Special Use Authoriza…

The possession or discharge of any fireworks or explosives on District Lands is prohibited unless authorized by a Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04.

Distributing any handbills or circulars or posting, placing, or erecting any bills, notices, papers, signs or advertising devices or informational matter of any kind, excluding District or managing agency notices, is prohibited on all District Lands unless authorized by a Special…

Igniting any fire on District Lands is prohibited except for District authorized prescribed burns, campfires in fire rings in designated camping areas or day use areas, or fires authorized by a Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law …

(1) Camping is allowed on District Lands at designated sites by permit or Special Use Authorization only. (2) Camping using a motorized vehicle is allowed on District Lands only in camping sites designated for this purpose. The use of a motorized vehicle is subject to Rule 40D-9.…

(1) Motorized vehicles that are licensed for Florida highway use are allowed on District Lands in designated areas. Use of all-terrain, off-road, or other motorized vehicles not licensed for Florida highway use is prohibited on District Lands except by a Special Use Authorization…

(1) Constructing, erecting or maintaining any facility or any other structure of a permanent or semi-permanent nature on District Lands is prohibited unless authorized by a Special Use Authorization. (2) Any unauthorized facility or structure discovered on District Lands shall be…

The use or possession of alcoholic beverages on District Land is prohibited, except as authorized herein. (1) The possession, sale, and use of alcoholic beverages may be allowed on District Land that is cooperatively managed by another agency or local government when that agency …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Any person who violates any provision of this chapter is subject to ejection from the premises and may be subject to criminal prosecution. (2) Any person who is ejected more than once from District Lands may be barred from applying for any permit or Special Use Authorization …

If an agency or local government has entered into a cooperative land management agreement with the District regarding specific District Lands, the District's Land Use Rules shall apply if in conflict with the rules of the agency or local government unless the cooperative land man…

(1) A person or entity must obtain a Special Use Authorization to use District Lands for activities not specifically authorized by this chapter. (2) For recreational activities specifically authorized by this chapter involving 25 or more participants, a Special Use Authorization …

This chapter contains rules for which the South Florida Water Management District has been granted specific exceptions to Title 28, F.A.C., Uniform Rules of Procedure, by the Administration Commission pursuant to Section 120.54(5), F.S. Each rule listed in this chapter is also li…

Notwithstanding Rule 28-104.005, F.A.C., when a petition for an emergency variance or waiver requires action by the District, the District shall grant or deny a petition for emergency variance or waiver within 30 days of its receipt or at the next regularly scheduled meeting for …

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History-New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. Law Implemented 120.54(5), 120.60, 668.003, 668.004, 668.50 FS. History-New 7-2-98, Amended 3-22-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) An emergency exists when immediate action is necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of…

(1) Permission to initiate activities regulated under Chapter 373, F.S., prior to the issuance of a permit or authorization of use may be applied for, in writing, when emergency conditions justify. However, no such permission shall be granted unless the proposed use is already un…

Point of entry into proceedings determining substantial interests are governed by Rule 28-106.111, F.A.C., and this section. (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice through regular Unite…

(1) The board finds that compliance with all the requirements of Chapter 40E-3, Part I, F.A.C., may result in an undue hardship for the construction, repair or abandonment of certain wells. (2) Any affected person may request an exemption from any or all of these rules for an ind…