Florida Administrative Code

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 History-New 10-21-01, Amended 10-1-13, Repealed 11-5-15.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…

(1) Permission to begin use of works or lands of the District prior to the issuance of a permit shall be granted pursuant to Rule 40E-0.108, F.A.C. (2) All requests for emergency authorizations must be submitted with both the emergency application processing fee set forth in para…

(1) In addition to the provisions of Rule 40E-6.521, F.A.C., permitted uses are also subject to immediate alteration, repair or removal if an emergency condition exists and the continued exercise of the permitted use might endanger lives or property. (2) In such event the Permitt…

(1) It shall be unlawful to connect with, place structures in or across, or otherwise make use of works or lands of the District without a Right of Way Occupancy Permit. The District may use any remedy available to it under Florida common law and statutory law and the District's …

(1) Unlawful uses or facilities placed within the works or lands of the District are subject to removal and restoration at the District's discretion with no guarantee of salvageability. In no circumstances shall the District be responsible for any claims or damages caused, in who…

(1) A permit application processing fee is required and shall be paid to the District when applications are filed pursuant to District rules to connect with and make use of the works or lands of the District. An application is not deemed complete and shall not be processed until …

In addition to the policies and purposes enumerated in Rule 40E-6.011, F.A.C., the C-18 canal right of way, downstream of the District's S-46 structure, was established as a revegetation area in order to implement a policy for revegetation of the C-18 canal right of way through t…

The boundary of the C-18 canal right of way which is the subject of this rule lies east of District Structure S-46 to the easterly limit of the Canal right of way. The boundary is generally depicted on the map in Figure 62-1. The map is for illustrative purposes only and should n…

In addition to the requirements of Section 40E-6.041(1), F.A.C.: (1) An occupancy permit must be obtained prior to removing, maintaining, or pruning vegetation, mooring boats, and placing other items on, across, under, or upon District lands and works along the C-18 canal right o…

(1) No permit is required under this Part for the improved boat docks in existence as of September 3, 1981, which include, but may not be limited to the boat dock located on lot 25.2, Figure 62-1, on the south side of the C-18 canal approximately 1900 feet west of Loxahatchee Riv…

All projects which have been permitted pursuant to the C-18 Plan shall be subject to the following limiting conditions, in addition to all limiting conditions set forth in Rule 40E-6.381, F.A.C.: (1) Maintenance practices or other activities not authorized by an occupancy permit …

(1) The following sections identify and describe the eight use zones that have been established within the C-18 canal right of way. Three of the use zones are identified as overlay zones. The overlay zones occupy lands in common with the other use zones and further define the use…

The rules in this chapter establish criteria to ensure the South Florida Water Management District's (District) ability to carry out the objectives of the legislative declarations of policy in Sections 373.016 and 403.067, Florida Statutes (F.S.); the state water policy in Chapte…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.451, 373.453, 373.4595 FS. History-New 11-1-89, Repealed 4-11-21. PART I LAKE OKEECHOBEE DRAINAGE BASIN

Rulemaking Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4595, 668.003, 668.004, 668.50 FS. History-New 11-1-89, Amended 10-1-06, Repealed 4-11-21.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.451, 373.453, 373.4595 FS. History-New 11-1-89, Repealed 4-11-21.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.451, 373.453, 373.4595 FS. History-New 11-1-89, Repealed 4-11-21.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 373.451, 373.453, 373.4595 FS. History-New 11-1-89, Repealed 4-11-21.