10602214, 40D-40.302 - Florida Administrative Rules, Law, Code, Register

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Notice: 10602214

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

Southwest Florida Water Management District

Chapter:

GENERAL ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40D-40.302

Conditions for Issuance of General Permits (Repealed)

PURPOSE:

The purpose of this rulemaking is to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over wetlands and other surface waters. Under current rule language, one of the thresholds for a general permit is activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre limit are upland-cut ditches and any wholly owned isolated wetland or other surface water less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will exclude activities in wholly owned ponds up to one acre in size that are constructed entirely in uplands and for which mitigation is not required from the general permit threshold of one acre of activities in wetlands or other surface waters. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve wetlands and other surface waters.

SUBJECT:

General Environmental Resource Permits.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.118 FS.

LAW:

373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.

PRINT PUBLISH DATE:

11/10/2011 Vol. 37/45

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.118 FS., 373.079(4)(a), 373.083(5), 373.413, 373.414, 373.416, 373.419 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=40D-40.302&PDate=11/10/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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