Florida Administrative Code

The Kissimmee River Basin boundary is generally described in Figure 41-4 (August 2016) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07152], incorporated by reference herein, and shall specifically include the area within the following boundaries: Begin at the intersection…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416 FS. History-New 5-1-85, Repealed 11-5-15.

(1) All projects located within the Kissimmee River Basin requiring permits pursuant to Chapter 62-330, F.A.C., shall be constructed, altered, operated, maintained and abandoned in accordance with the criteria specified in Rules 62-330.301, 62-330.302 and 40E-41.163, F.A.C., unle…

All projects located within the Kissimmee River Basin requiring permits pursuant to Chapter 62-330, F.A.C., shall submit the information specified by Rule 62-330.060, F.A.C., as appropriate, and the following information: (1) For projects wholly or partially within the floodplain…

(1) Allowable discharge for projects within the Kissimmee River Basin shall be based upon the post-development discharge rate not exceeding the pre-project development discharge rate during a design storm of a 10 year, 3 day duration. (2) No net encroachment into the floodplain w…

(1) Use of the district's works or lands which may interfere with the proposed Kissimmee River restoration shall not be allowed. (2) Any drainage connection to the Kissimmee River must be part of a surface water management system approved under Rule 40E-41.163, F.A.C. Rulemaking …

The rules in this part shall apply to new construction in the C-51 Basin. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.413, 373.416 FS. History-New 5-13-87.

When used in this Part: (1) "Basin" means the C-51 Basin as legally described in Rule 40E-41.223, F.A.C., (Basin Boundary) and as depicted on Figure 41-5 (November 11, 2015) [http://www.flrules.org/Gateway/reference.asp?No=Ref-05950], incorporated by reference herein. (2) "Wester…

The C-51 Basin is generally depicted in Figures 41-5, 41-6 and 41-7 and specifically includes land described below. (1) Western C-51 Basin Boundary. Begin at the intersection of S. R. 80 (Southern Blvd.) and S. R. 7 (U.S. Highway No. 441) in Section 36, Township 43 South, Range 4…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.413, 373.416 FS. History-New 5-15-87, Repealed 11-5-15.

(1) All projects located within the C-51 Basin which propose to discharge directly or indirectly into C-51 Canal or which are connected directly or indirectly in the C-51 Basin and which require permits pursuant to Rule 62-330.020, F.A.C., or this part shall be constructed, alter…

(1) All projects located within the C-51 Basin which require a permit from the District shall submit detailed plans showing the existing topography and proposed finished grading and detailed design calculations which demonstrate the proposed project's effect on net storage from t…

The following criteria shall apply: (1)(a) The allowable discharge shall be based upon the post development discharge rate not exceeding the pre-development discharge rate during a design storm of a 10-year 3-day duration as depicted on Figure 41-8 (November 11, 2015) [http://www…

Any drainage connection to C-51 Canal within the C-51 Basin must be part of a surface water management system approved under Rule 40E-41.263, F.A.C. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086 FS. History-New 5-15-87, Amended 12-1-11.

The purpose of these rules is to protect areas that are necessary for water supply, water storage, water quality improvement, and ecological restoration. Further, it is an objective of the District to reduce the loss of groundwater through seepage or discharge to coastal receivin…

(1) "Water Preserve Area" or "WPA" means: those component areas identified in Figures 41-9 through 41-14 (August 2016) [http://www.flrules.org/Gateway/reference.asp?No=Ref-07160], incorporated by reference herein, and available at no cost by contacting the South Florida Water Man…

(1) The WPA boundaries are shown in Figures 41-9 through 41-14, incorporated by reference in Rule 40E-41.321, F.A.C. (2) The WPAB includes all or a portion of the following drainage basins as shown in Figures 41-9 through 41-14, incorporated by reference in Rule 40E-41.321, F.A.C…

Rulemaking Authority 373.044, 373.113, 373.4131 FS. Law Implemented 373.413, 373.4131, 373.416 FS. History-New 10-21-01, Amended 10-1-13, Repealed 11-5-15.

All projects located within the WPA, WPAB, or adjacent to the Protective Levees which require permits pursuant to Rule 62-330, F.A.C., shall be constructed, altered, operated, maintained and abandoned in accordance with the criteria specified in Rules 62-330.301 and 62-330.302, F…

All systems proposed within the boundaries of the WPA shall require an individual permit. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.413, 373.416 FS. History-New 10-21-01.

(1) In order to obtain a permit under this part, an applicant must provide reasonable assurance that the proposed activities will meet the requirements of this section; not be harmful to the water resources; and be consistent with the purposes and objectives set forth in Rule 40E…

(1) This chapter implements Sections 373.106, F.S., which authorizes the District to issue permits for projects involving artificial recharge or the intentional introduction of water into any underground formation, except activities under Chapter 377, F.S. Projects that inject wa…

When used in this chapter: (1) "Aquifer storage and recovery" means a well system operated for the purpose of injecting and storing water in an aquifer for direct retrieval and use. (2) "Artificial recharge" means the practice of introducing water into an aquifer through a horizo…

The effective dates for the artificial recharge permitting program established in this chapter are as follows: (1) January 12, 1977, for the portion of the District formerly within the Ridge and Lower Gulf Coast Water Management District annexed to the District by operation of Se…

(1) Unless expressly exempt by law or District rule, a permit is required pursuant to this chapter to operate an artificial recharge system. The permit applicant shall provide reasonable assurances that the proposed activity meets the criteria set forth in Rule 40E-5.301, F.A.C. …

No permit is required under Rule 40E-5.041, F.A.C., for injection wells permitted under Chapter 377, F.S., or for projects authorized under Section 373.087 or 373.1502, F.S. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History-New 9-3-81, Formerly 16K-…

(1) 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 Road, West Palm Beach, FL 33406, or at any of the District's Serv…

In order to obtain a permit, permit renewal, or permit modification pursuant to this chapter, an applicant must give reasonable assurances that the proposed diversion of water to be introduced into an aquifer and the impact of introducing and recovering the water from an aquifer:…

The duration of the permit issued pursuant to this chapter shall be 20 years or the demonstrated period of need for the project, whichever is less. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) FS. History-New 8-14-03.

Modification of a permit issued pursuant to this chapter or a consumptive use permit containing an authorization as specified herein shall be in accordance with the provisions in subsection 40E-2.331(1), F.A.C. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.106(1) …

The District shall impose on any permit granted under this chapter such reasonable standards and special permit conditions necessary to assure that the permitted activity is consistent with the overall objectives of the District, will not be harmful to the water resources of the …

(1) This chapter governs the use of or connection to works or lands of the District. Conditions and criteria are established to ensure that uses are compatible with the construction, operation, and maintenance of such works or lands. (2) Due to the critical importance of works an…

(1) The term "above ground facilities" when used in these rules is intended to mean any and all physical improvements or uses, whether man-made or natural (e.g. vegetation), that are extended above the existing surface of the ground. (2) The term "change of ownership" when used i…

(1) The effective date for the program established in this chapter is August 12, 2013. (2) All permits issued prior to the effective date of these rules shall remain in effect, except as provided herein. (3) All applications, and permit application processing fees, for permits re…

(1) Unless expressly exempt by law or District rule, a right of way occupancy permit, either a notice general permit or a standard permit, must be obtained prior to connecting with, placing structures in or across, discharging into or making use of the works of the District and a…

(1) The following uses are exempt from permitting under this chapter where such facilities and uses comply with the criteria contained in the Criteria Manual, incorporated by reference in subsection 40E-6.091(1), F.A.C.: (a) The planting or maintenance of native or drought and in…

(1) The "Right of Way Criteria Manual for Use of the Works or Lands of the District - August 12, 2013" ("Criteria Manual") (http://www.flrules.org/Gateway/reference.asp?No=Ref-03052), which includes separate and distinct minimum criteria developed to address the unique characteri…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.117, 373.118, 471.003 FS. History-New 9-3-81, Formerly 16K-5.04 (1), Amended 12-1-82, 12-29-86, 12-24-91, 9-15-99, Repealed 8-12-13.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.118 FS. History-New 9-15-99, Repealed 8-12-13.

(1) Applications for permits shall be filed with the District. The permit application shall contain the following information: (a) A completed Form 0122 "Application to the South Florida Water Management District for Right of Way Occupancy Permit" effective date August 12, 2013, …

(1) The District has determined that certain uses shall be authorized under a standard permit when located in an authorized zone and when they comply with the criteria established in the Basis of Review, incorporated by reference in Rule 40E-6.091, F.A.C. These uses are set forth…

(1) Permits issued prior to the effective date of September 15, 1999 and which do not comply with the Basis of Review incorporated by reference in Rule 40E-6.091, F.A.C., shall expire upon the change of ownership of the property unless transferred pursuant to Rule 40E-6.351, F.A.…

(1) Applications for permit modifications required by this chapter shall be filed by formal application, including the permit modification application fee, with the District. (2) Applications for modification to permitted uses shall be reviewed using the same criteria as new appl…

(1) Under Sections 373.083 and 373.085, F.S., the District is authorized to revoke a right of way occupancy permit under any of the following circumstances: (a) The Permittee or his agent has committed any of the acts enumerated in Rule 40E-1.609, F.A.C.; (b) The permitted use in…

(1) As the District has no control over the sale or transfer of real or personal property, it is the sole obligation of a Permittee or their agent to disclose the existence of a Right of Way Occupancy Permit, its terms and conditions, to prospective purchasers. (2) Right of Way O…

(1) The District shall require the applicant requesting a right of way occupancy permit to provide and maintain financial assurances to the District and its successors, in the form of a cash bond to be held by the District in a non-interest bearing account, a performance bond iss…

The District's authorization to utilize lands and other works constitutes a revocable license (including both notice general permits and standard permits). In consideration for receipt of that license, Permittees shall agree to be bound by the following standard limiting conditio…