40C-4.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to clarify that informal wetland determinations are discretionary, non-binding, available only to persons or entities with a legal or equitable interest in the land or power of eminent domain, and are limited to a parcel of property that does not exceed one acre in size.
SUMMARY: The proposed rule would clarify the availability of informal wetland determinations under Section 12.5.6 of the Applicant’s Handbook: Management and Storage of Surface Waters, which is adopted and incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No statement of estimated regulatory cost has been prepared because this rule amendment will not have an impact on small business or small governments. This rule amendment only clarifies the extent of the availability of pre-application informal wetland determinations. Once an applicant submits a permit application, the District will still perform a wetland determination, as necessary.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.421(6) FS.
LAW IMPLEMENTED: Section 18 of Chapter 2008-150, Laws of Florida, 373.109(1)(d), 373.413, 373.414, 373.421(6) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Following the regularly scheduled Governing Board Meeting on January 12, 2010, 1:00 p.m.
PLACE: St. Johns River Water Management District Headquarters, Executive Building, 4049 Reid Street, Palatka, Florida 32177
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 5 days before the workshop/meeting by contacting: District Clerk at (386)329-4127 or sbertram@sjrwmd.com. 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 IS: Wendy Gaylord, Rules Coordinator, St. Johns River Water Management District, Office of General Counsel, 4049 Reid Street, Palatka, Florida 32177-2529, (386)326-3026, or wgaylord@sjrwmd.com
THE FULL TEXT OF THE PROPOSED RULE IS:
40C-4.091 Publications Incorporated by Reference.
(1) The Governing Board hereby adopts by reference:
(a) Part I “Policy and Procedures,” Part II “Criteria for Evaluation,” subsections 18.0, 18.1, 18.2, and 18.3 of Part III and Appendix K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Wekiva Recharge Protection Basin,” “Legal Description of the Wekiva Recharge Protection Basin,”: “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Description of the Lake Apopka Hydrologic Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” of the document entitled “Applicant’s Handbook: Management and Storage of Surface Waters,” effective_________November 5, 2008.
(b) through (d) No change.
(2) No change.
Rulemaking Specific Authority 369.318, 373.044, 373.046(4), 373.113, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.146(1), 373.406, 373.413, 373.4135, 373.4136 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 380.06(9), 403.813(2) FS. History– New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07, 5-13-08, 11-5-08,_________.
APPLICANT’S HANDBOOK
12.5.6 Nonbinding Determinations
The District may issue informal nonbinding pre-application determinations or otherwise initiate nonbinding determinations on its own initiative, as District staff time and resources allow. Informal wetland boundary determinations are provided as a public service to applicants or potential applicants for permits under Part IV, Chapter 373, F.S., and are available only to the property owner, an entity that has the power of eminent domain, or any other person who has a legal or equitable interest in the parcel of property. An informal wetland boundary determination is limited to a parcel of property that is less than or equal to one acre in size. A request for an informal wetland boundary determination is not an application for a permit, is not subject to the permit review timeframes established in Chapters 120 or 373, F.S., and does not constitute final agency action.