Florida Administrative Code

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 373.113 FS. History-New 9-3-81, Formerly 16K-1.11(10), Amended 5-11-93, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

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 History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.53, 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60, 373.085, 373.116, 373.119, 373.175, 373.229, 373.239, 373.243, 373.246, 373.413, 373.416, 373.429, 373.433, 373.436, 373.439 FS. History-New 9-3-81, Amended 5-11-93, 7-2-98, Repealed by S…

Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities: (1) A water use individual or general permit pursuant to Chapter 40E-2, F.A.C., must be obtained prior to use or withdrawal of water …

(1) Application procedures for environmental resource permits are set forth in Chapter 62-330, F.A.C. The following procedures for processing permit applications or notices of intent apply in addition to the requirements of Section 120.60, F.S., and Chapter 28-106, F.A.C. (a) Wit…

(1) The Board may require the applicant for a permit to furnish a bond made payable to the District and its successors, with a reputable bonding corporation authorized to do business in this State as surety, conditioned upon full compliance with terms of the permit, including the…

(1) Notice of Receipt of Permit Application or Notice of Intent. Persons who wish to be notified of any permit application or notice of intent which affects a designated geographic area shall notify the District through the District's RegPermitting website at https://www.sfwmd.go…

(1) After the application for a permit is declared by staff to be complete, the District shall prepare a Staff Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agenc…

A permit application processing fee is required and shall be paid to the District when certain applications are filed pursuant to District rules. An application shall not be considered complete until the appropriate application fee is submitted. These fees are assessed in order t…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.53(1), 120.57, 120.60 FS. History-New 9-3-81, Amended 10-3-95, 7-2-98, 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Procedures concerning the District's suspension, revocation and modification of a permit are contained in the Uniform Rules of Procedure, Rule 28-106.2015, F.A.C. (2) The District may temporarily suspend or revoke a permit, in whole or in part, when it determines that the per…

(1) Holders of renewable permits shall make timely application as required by Rule 40E-1.603, F.A.C., for renewal so as to avoid expiration during the renewal process. When timely application is made, the existing permit shall not expire until final agency action, or if the permi…

Within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing or electronically at the District's RegPermitting website, of the transf…

(1) The procedures for the transfer of environmental resource permits are set forth in Rule 62-330.340, F.A.C. To transfer a surface water management, water use, or wetland resource permit, the permittee, in addition to satisfying the applicable provisions in Rule 40E-2.351, F.A.…

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History-New 9-3-81, Amended 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 373.439 FS. Law Implemented 120.54(5), 373.439 FS. History-New 7-2-98, Amended 6-12-00, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) This rule applies to applications for environmental resource, surface water management, and water use permits for projects located in the Florida Keys Area of Critical State Concern when the applicant has elected coordinated agency review under Section 380.051, F.S. (2) The f…

Rulemaking Authority 218.075, 373.044, 373.113, 373.171, 373.4136, 373.416, 695.03, 704.06 FS. Law Implemented 218.075, 373.113, 373.4135, 373.4136, 373.416, 704.06 FS. History-New 9-3-81, Amended 12-1-82, 3-9-83, Formerly 16K-1.90, Amended 7-26-87, 11-21-89, 1-4-93, Formerly 40E…

The following guidelines apply to the District's Environmental Resource, Consumptive Use and Surface Water Management Permit enforcement programs: (1) Adverse impacts to water resources shall be recovered by requiring complete restoration. (2) In those cases where restoration of …

(1) Orders of Corrective Action. (a) An order of corrective action may accompany and be served with an administrative complaint upon an alleged violator pursuant to Rule 28-106.2015, F.A.C. An order of corrective action shall include a description of remedial action, with impleme…

(1) The District has the authority under Section 373.129, F.S. to assess civil penalties of up to $15,000 per day, per violation. (2) Because an economic advantage can be derived through avoidance of expenditures necessary to achieve compliance with District permitting rules and …

(1) Any person may file a written complaint with the District alleging that a person is in violation of any of the provisions of Chapter 373, F.S., or provisions of Chapter 403, F.S., for which authority has been delegated to the District, or the rules promulgated thereunder or a…

(1) A person who is a "lobbyist" as defined in Section 112.3215, F.S., may not lobby the South 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 "Lobbyist Re…

(1) All public meetings of the South Florida Water Management District are open to the public at all times and are authorized to be conducted, in whole or in part, via communications media technology. The Executive Director, or designee, shall determine the use and availability o…

The purpose of this chapter is to define the quantity, location and timing of waters reserved from allocation for the protection of fish and wildlife pursuant to Section 373.223(4), F.S., for specified waterbodies. Water reservations are implemented in the water use program pursu…

(1) Fakahatchee Estuary - The area within the Ten Thousand Islands region including the following river/bay systems, from west to east: Blackwater River/Blackwater Bay, Whitney River/Buttonwood Bay, Pumpkin River/Pumpkin Bay, Wood River, Little Wood River and Faka Union Canal/Fak…

(1) Applicants for consumptive use permits shall meet the requirements of this rule by providing reasonable assurances that Rule 40E-2.301, F.A.C., and Section 3.11 of the "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District,"…

(1) Picayune Strand as defined in subsection 40E-10.021(2), F.A.C.: (a) Surface waters: 1. All surface water contained within the Picayune Strand are reserved from allocation (see Figure 1). 2. All surface water flowing into the Picayune Strand identified below is reserved from a…

North Fork of the St. Lucie River, as defined in subsection 40E-10.021(3), F.A.C.: Surface waters up to and including the mean monthly flow of 130 cubic feet per second flowing over the Gordy Road Structure from November 1st through May 31st; see Appendix 2, Figure 2-2; are reser…

(1) Nearshore Central Biscayne Bay as defined in subsection 40E-10.021(6), F.A.C.: All surface water contained within Nearshore Central Biscayne Bay is reserved from allocation (see Figure 3-1). (2) Surface water flowing into Nearshore Central Biscayne Bay as identified below is …

(1) Upper Chain of Lakes (a) Lakes Hart-Mary Jane Reservation Waterbodies, as defined in paragraph 40E-10.021(8)(a), F.A.C.: 1. Surface Water: All surface water in Lakes Hart-Mary Jane (Figure 4-2A) up to the water reservation stages depicted in Figure 4-2B and listed in Table 4-…

Consumptive use permit applications are processed pursuant to Section 120.60, F.S., and Chapters 40E-1 and 28-106, F.A.C. Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History-New 7-2-98, Amended 10-23-12.

(1) It is the policy of the District to control all water uses within its boundaries, pursuant to the provisions of Chapter 373, F.S. and Chapter 62-40 and Division 40E, F.A.C. (2) The rules in this chapter implement the comprehensive water use permit system contemplated in Chapt…

(1) The effective dates for the water use permitting program established in this chapter are: (a) If the use or withdrawal of water exceeds 100,000 gallons per day, the effective dates are: 1. January 12, 1977, for the portion of the District formerly within the Ridge and Lower G…

(1) Unless expressly exempt by law or District rule, a water use permit must be obtained from the District prior to any use or withdrawal of water. (2) The District issues water use permits in two forms, individual water use permits and general water use permits. A water use perm…

No permit is required under Rule 40E-2.041, F.A.C., for the following water uses: (1) Water used strictly for domestic use at a single family dwelling or duplex provided that the water is obtained from one withdrawal facility for each single family dwelling or duplex. (2) Water u…

Certain specified uses have been determined to be reasonable-beneficial, not interfering with existing legal uses, and consistent with the public interest pursuant to Section 373.223, F.S. The Board hereby grants a General Permit by Rule for all non-exempt consumptive uses within…

(1) The use of water, which does not qualify for a general permit by rule, qualifies for a noticed general permit if the use: (a) Does not withdraw from the following sources: 1. Surface water from the C-23, C-24 or C-25 Canals, or any connected canal systems that derive water su…

(1) The "Applicant's Handbook for Water Use Permit Applications within the South Florida Water Management District - December 2025" (http://flrules.org/Gateway/reference.asp?No=Ref-18857) is incorporated by reference herein. (2) The following forms and materials are referenced in…

(1) Except in those circumstances detailed in subsection (5), below, applications for permits required by this chapter shall be filed electronically at https://www.sfwmd.gov/RegPermitting, or at the South Florida Water Management District Regulation Reception Desk, 3301 Gun Club …

(1) In order to obtain a permit, permit renewal, or permit modification under this chapter, an applicant must give reasonable assurances that the proposed water use at the time the permit application is deemed complete: (a) Will not cause harmful saline water intrusion; (b) Will …

General Duration Provision. When requested by an applicant, a consumptive use permit 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 for the requested 20 …

(1) A permittee shall apply to the District for approval of any modification of an unexpired permit pursuant to Section 373.239, F.S. and Rule 40E-1.609, F.A.C. (2) Applications for modification, except letter modifications issued pursuant to subsection (4), shall contain the inf…

Violations of this chapter may result in the revocation or suspension of the authorization in whole or in part in accordance with the provisions of Chapter 373, F.S., including Sections 373.119 and 373.243, Chapter 120, F.S., and Rules 40E-1.609 and 28-106.2015, F.A.C. Rulemaking…

A permittee must comply with the requirements of Rule 40E-1.6107, F.A.C., in order to obtain a permit transfer to a new permittee. If the permit transfer is in conjunction with an application for permit modification, the permit shall be transferred at the time of permit modificat…

Pursuant to Sections 373.216, 373.219 and 373.223, F.S., the District shall impose reasonable permit conditions on permits granted under this chapter. Standard permit conditions in Section 5.1 of the "Applicant's Handbook for Water Use Permit Applications within the South Florida…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.244 FS. History-New 9-3-81, Amended 4-20-94, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Permission to begin use, withdrawal, or diversion of water prior to the issuance of a permit may be applied for in writing, when emergency conditions exist which would justify such permission. However, no such permission shall be granted unless the use, withdrawal, or diversi…

Each water use permit shall be classified according to source, use and method of withdrawal. The source use and method of withdrawal classes are listed in Rules 40E-21.631 through 40E-21.691, F.A.C. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.246 FS. History-New…

Rulemaking Authority 120.54(5), 120.60 FS. Law Implemented 120.54(5), 120.60 FS. History-New 7-2-98, Amended 8-14-02, 10-23-12, Repealed 7-14-14.