10744416, 5M-15.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 10744416

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Water Policy

Chapter:

Procedures for Binding Determinations of Agricultural Exemptions

Overview

RULE:

5M-15.001	Definitions
5M-15.002	Dispute Regarding Exemption
5M-15.003	Eligibility for a Binding Determination
5M-15.004	Documentation of Dispute
5M-15.005	Exemption Criteria
5M-15.006	Binding Determination Process
5M-15.007	Final Agency Action
5M-15.008	Final Agency Action

PURPOSE:

Pursuant to Section 373.407, Florida Statutes this rulemaking proposes to develop definitions and procedures by which the Department will make binding determinations about whether activities, which alter the topography of land, are or are not exempt from Environmental Resource Permitting requirements of Chapter 373, Florida Statutes.

SUBJECT:

Departmental procedures to issue binding determinations as to whether an agricultural practice altering the topography of a tract of land is exempt from Environmental Resource Permitting requirements. The land must be classified as agricultural by a property appraiser pursuant to Section 193.461, Florida Statutes. The activity must be a normal and customary agricultural activity for the area and must not be for the sole or predominant purpose of impeding or diverting surface water or adversely impacting wetlands.

RULEMAKING AUTHORITY:

373.407, 570.07(23) FS.

LAW:

373.406(2), 373.407 FS.

PRINT PUBLISH DATE:

12/9/2011 Vol. 37/49

RELATED STATUTES
AND LAWS:

373.407, 570.07(23) FS., 373.406(2), 373.407 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=5M-15.001&PDate=12/9/2011&Section=1

REFERENCE MATERIALS:

No reference(s).

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