Notice of Proposed Rule

WATER MANAGEMENT DISTRICTS
Suwannee River Water Management District
RULE NO: RULE TITLE
40B-4.1070: Exemptions
40B-4.3030: Conditions for Issuance of Works of the District Development Permits
PURPOSE AND EFFECT: The purpose of the proposed rule is to update these sections of Chapter 40B-4, F.A.C., based on staff review. Proposed changes to Rule 40B-4.1070, F.A.C., will amend incorrect language, and proposed changes to Rule 40B-4.3030, F.A.C. will provide clarification in paragraph (12)(a) by removing confusing terminology.
SUMMARY: This proposed rule will amend incorrect language and clarify that the District rule by removing confusing terminology.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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, 373.171 FS.
LAW IMPLEMENTED: 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Welch, Rules and Contracts Coordinator, SRWMD, 9225 C.R. 49, Live Oak, Florida 32060, (386)362-1001 or (800)226-1066 (FL only)

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-4.1070 Exemptions.

(1)(a) through (g) No change.

(h) Recreational paths that have a width of eight ten feet or less for one-lane paths and twelve feet or less for two-lane paths and which do not allow motorized vehicles powered by internal combustion engines, except for maintenance and emergency vehicles.

(2) through (4) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.406, 373.416, 373.426 FS. History–New 9-25-85, Amended 2-1-89, 12-22-92, 9-13-04,________.

 

40B-4.3030 Conditions for Issuance of Works of the District Development Permits.

(1) through (11) No change.

(12) The following conditions shall apply to all works of the district development permits issued for development on lands subdivided after January 1, 1985:

(a) No clearing of trees and vegetation shall occur [except as provided in paragraphs (d) and (e) below] other than what is necessary to remove diseased vegetation, construct structures, associated water supply, wastewater disposal, and private driveway access facilities.

(b) through (f) No change.

Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS. History–New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Jon Dinges, Deputy Clerk, Suwannee River Water Management District, 9225 County Road 49, Live Oak, Florida 32060, (386)362-1001
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governing Board of the Suwannee River Water Management District
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 4, 2010