Notice of Development of Rulemaking

WATER MANAGEMENT DISTRICTS
South Florida Water Management District
RULE NO: RULE TITLE
40E-4.091: Publications, Rules and Interagency Agreements Incorporated by Reference
PURPOSE AND EFFECT: To incorporate by reference a Delegation Agreement Between the South Florida Water Management District and Collier County for delegation of a portion of the Environmental Resource Permitting Program. Collier County will be delegated authority to review and issue environmental resource permits for projects less than 40 acres in size that are located in uplands within the designated boundaries of delegation within the County. Projects that include wetlands, other surface waters, located within CERP project boundaries or that include sovereign submerged lands will not be delegated to the County and will remain with the District.
SUBJECT AREA TO BE ADDRESSED: Delegation Agreement Between the South Florida Water Management District and Collier County of a portion of the Environmental Resource Permitting Program.
SPECIFIC AUTHORITY: 373.044, 373.103(8), 373.113, 373.171, 373.413 FS.
LAW IMPLEMENTED: 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: the South Florida Water Management District Clerk's Office, at (561) 682-2087. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Damon Meiers, P.E., Deputy Director, Environmental Resource Regulation Department, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone 1-800-432-2045, extension 6876 or (561) 682-6876 (internet: dmeiers@sfwmd.gov). For procedural questions - Jan Sluth, Paralegal, Office of Counsel, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416-4680, telephone 1-800-432-2045, extension 6299 or (561) 682-6299 (internet: jsluth@sfwmd.gov).
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40E-4.091 Publications, Rules and Interagency Agreements Incorporated by

Reference.

        (1) (a) through (k) - No change.

        (l) “Agreement for Delegation of a Portion of the Environmental Resource Permitting Program Between the South Florida Water Management  District and Collier County (________(date)__________)".

        (2)  No Change.

Specific Authority 373.044, 373.113, 373.171, 373.413, FS.

Law Implemented 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6 -26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, ___________.