Rule: 40E-4.091 Prev   Up   Next

Rule Title: Publications, Rules and Interagency Agreements Incorporated by Reference
Department: WATER MANAGEMENT DISTRICTS    Add to MyFLRules Favorites
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Division: South Florida Water Management District
Chapter: ENVIRONMENTAL RESOURCE PERMITS

Latest version of the final adopted rule presented in Florida Administrative Code (FAC):

VIEW_RULE Effective Date: 5/22/2016
History Notes: Rulemaking Authority 373.044, 373.103, 373.113, 373.413, 373.418, 373.4131, 373.441 FS. Law Implemented 373.046, 373.413, 373.4131, 373.414, 373.4142, 373.416, 373.418, 373.426, 373.441 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, 10-1-06, 11-20-06, 1-23-07, 7-1-07, 7-22-07, 11-11-09, 7-1-10, 7-4-10, 12-15-11, 5-20-12, 10-1-13, 8-10-14, 5-22-16 (1)(c), 5-22-16 (1)(a).
References in this version: Ref-00052 Broward County Wellfield Protection Ordinance
Ref-00053 Miami-Dade Wellfield Protection Ordinance
Ref-00054 Delegation Agreement among DEP, SFWMD & Broward County dated May 22, 2001
Ref-00055 Operating Agreement Under Part IV, Chapter 373, F.S.,between SFWMD & DEP, effective July 1, 2007
Ref-02974 62-312, F.A.C. (2/16/2012)
Ref-02975 U.S. Department of Agriculture, Soil Conservation Service, "Rainfall Frequency Atlas of Alabama, Florida, Georgia and South Carolina for Durations from 30 Minutes to 24 Hours and Return Periods from 1 to 100 years" (1978), referenced in AH II subsection 5.7.2(c)
Ref-02977 62-520, F.A.C. (7/12/2009)
Ref-02981 Florida Department of Transportation "Drainage Manual, Appendix B: IDF-Curves, Precipitation Data, Rainfall Distributions" (August 2001)
Ref-02983 U.S. Department of Agriculture, Natural Resources Conservation Service "National Engineering Handbook, Part 630, Chapter 10" (2004)
Ref-06802 62-4, F.A.C., effective February 17, 2016
Ref-06803 62-302, F.A.C., effective February 17, 2016
Ref-06804 62-550, F.A.C., effective July 7, 2015
Ref-06805 Environmental Resource Permit Applicant's Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District
History of this Rule since Jan. 6, 2006
Notice /
Adopted
Section Description ID Publish
Date
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 17520739 Effective:
05/22/2016
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 17518217 Effective:
05/22/2016
View Text Proposed
40E-4.091
The District is proposing to amend Section 2.1.19 of the Environmental Resource Permit Applicant's Handbook, Volume II For Use Within the Geographic Limits of the South Florida Water Management District, to incorporate the .... 17415397 4/15/2016
Vol. 42/74
View Text Proposed
40E-4.091
The proposed amendments to this rule and the Environmental Resource Permit Applicant's Handbook, Volume I, For Use Within the South Florida Water Management District, will incorporate the amended water quality standards .... 17273874 4/1/2016
Vol. 42/64
View Text Development
40E-4.091
The District is proposing to correct its environmental resource permitting rules and adopt updated rules of the Department of Environmental Protection. 15174309 11/25/2014
Vol. 40/229
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 14873318 Effective:
08/10/2014
View Text Change
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 14624610 6/25/2014
Vol. 40/123
View Text Proposed
40E-4.091
The District is proposing to adopt the "Procedure for Environmental Resource Permit (ERP) Water Quality Evaluations for Applications Involving Discharges to Outstanding Florida Waters and Water Bodies that Do Not Meet State .... 14387542 5/5/2014
Vol. 40/87
View Text Development
40E-4.091
To update and incorporate an "Impaired Waters Guidance Memorandum". Currently, this memorandum is included in the District's Permit Information Manual as a Design Aid to assist applicants in meeting the water quality requirements .... 13666832 10/23/2013
Vol. 39/207
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 13523078 Effective:
10/01/2013
View Text Correction
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 13135563 6/19/2013
Vol. 39/119
View Text Change
40E-4.010
......
Review of Environmental Resource Permit Applications, Policy and Purpose, Definitions, Permits Required, Permit Thresholds, Formal Determination of Wetlands and Other Surface Waters, Exemptions From Permitting, .... 13008202 6/17/2013
Vol. 39/117
View Text Public Hearing
40E-4.010
......
This is a continuation of the May 9, 2013 public hearing to adopt amendments or repeal provisions in Chapters 40E-0, 40E-1, 40E-4, 40E-40, 40E-41, ....
  July 13, 2013, beginning 9:00 a.m.
  Village of Key Biscayne, Council Chambers, 560 Crandon Boulevard, ....
13006650 5/15/2013
Vol. 39/95
View Text Proposed
40E-4.010
......
The purpose and effect of this rulemaking is to amend rules of the South Florida Water Management District (“District”) consistent with Section 373.4131, F.S. (2012),which requires the Florida Department of Environmental .... 12775014 4/10/2013
Vol. 39/70
View Text Workshop
40E-4.010
......
The Department of Environmental Protection (DEP), in coordination with the five Water Management Districts (WMDs), is conducting rulemaking ....
  January, 14, 2013, 1:00 p.m.
  This workshop will be broadcast via webinar. Webinar registration ....
12445505 12/31/2012
Vol. 38/100
View Text Development
40E-4.010
......
The South Florida Water Management District (SFWMD) gives notice that it is initiating rulemaking to amend its rules as required by Section 373.4131, F.S., which became effective on July 1, 2012. This statute requires the .... 12029278 9/28/2012
Vol. 38/39
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 11498397 Effective:
05/20/2012
View Text Correction
40E-4.021
......
Definitions, Exemptions From Permitting, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Duration of Permits 11140564 3/2/2012
Vol. 38/09
View Text Proposed
40E-4.021
......
To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are .... 10861010 2/10/2012
Vol. 38/06
View Text Development
40E-4.021
......
To further the goals of Executive Order 11-211, to reduce regulatory burdens on the citizens of Florida, the District proposes to increase the duration of conceptual permits and reduce the number of copies applicants are .... 10726956 12/22/2011
Vol. 37/51
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 10749848 Effective:
12/15/2011
View Text Change
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 10517824 10/28/2011
Vol. 37/43
View Text Proposed
40E-4.011
......
The proposed rule amendments were identified for correction/updating in accordance with Section 120.74, F.S. The amendments are as follows: 1) delete “general” from standard permits pursuant to Section 373.118, F.S.; 2) .... 9536281 9/9/2011
Vol. 37/36
View Text Development
40E-4.011
......
To amend the District’s rules and Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District to: 1) delete obsolete forms and other documents incorporated by reference; .... 9146729 9/24/2010
Vol. 36/38
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 8816735 Effective:
07/04/2010
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 8798111 Effective:
07/01/2010
View Text Change
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 8589367 4/30/2010
Vol. 36/17
View Text Change
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 8589173 4/30/2010
Vol. 36/17
View Text Proposed
40E-4.091
To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-4.091, F.A.C., pertaining to Mitigation .... 8383436 3/12/2010
Vol. 36/10
View Text Proposed
40E-4.091
To incorporate by reference, a conservation easement form for local government use when the local government is submitting a permit application involving dedication of a conservation easement to the South Florida Water Management .... 8383339 3/12/2010
Vol. 36/10
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 7879230 Effective:
11/11/2009
View Text Development
40E-4.091
To delete Section 4.3.9 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (BOR), incorporated by reference in Rule 40E-40.091, F.A.C, pertaining to Mitigation .... 7859151 10/30/2009
Vol. 35/43
View Text Development
40E-4.091
To incorporate by reference a conservation easement for local government use when the local government is submitting a permit involving a conservation easement to the South Florida Water Management District (District) as .... 7854786 10/30/2009
Vol. 35/43
View Text Proposed
40E-4.021
......
The purpose and effect of the proposed rule amendments is to: (1) reflect that the Bald Eagle is no longer classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a threatened species under its imperiled .... 6483497 7/31/2009
Vol. 35/30
View Text Development
40E-4.091
To incorporate by reference the Agreement for Delegation of a Portion of the Environmental Resource Permitting Program between the South Florida Water Management District and Miami-Dade County. 6344108 11/7/2008
Vol. 34/45
View Text Development
40E-4.021
......
The South Florida Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule references concerning .... 5827777 7/3/2008
Vol. 34/27
View Text Development
40E-4.091
To incorporate by reference the delegation agreement between the South Florida Water Management District and Collier County for a portion of the Environmental Resource Permitting Program. The agreement delegates to Collier .... 4654659 9/28/2007
Vol. 33/39
View Text Development
40E-4.091
The District previously published a notice of rule development in the December 9, 2005, Volume 31, Number 49 issue of the Florida Administrative Weekly. The purpose of this second notice of rule development is to incorporate .... 4486364 8/17/2007
Vol. 33/33
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 4370061 Effective:
07/22/2007
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 4299930 Effective:
07/01/2007
View Text Development
40E-4.051
......
The Department of Environmental Protection (DEP), in coordination with the water management districts, proposes to develop a new Chapter 62-347, F.A.C., to develop updated stormwater quality treatment design and performance .... 4162675 6/1/2007
Vol. 33/22
View Text Proposed
40E-4.041
......
The purpose of these rule amendments is to update rules referencing the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District” (BOR) to reflect the current version .... 4125621 5/25/2007
Vol. 33/21
View Text Development
40E-4.041
......
The purpose of this rulemaking is: 1) to update rules referencing the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District” to incorporate the current version .... 4049573 4/27/2007
Vol. 33/17
View Text Public Hearing
40E-4.091
......
A public hearing to adopt amendments to Rules 40E-4.091, and 40E-4.302, F.A.C., to incorporate the "Operating Agreement Concerning Regulation ....
  May 10, 2007, beginning 9:00 a.m.
  South Florida Water Management District Headquarters, B-1 Auditorium, ....
4046954 4/27/2007
Vol. 33/17
View Text Proposed
40E-4.091
To incorporate by reference the Amended Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District .... 3386481 3/2/2007
Vol. 33/09
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 3462626 Effective:
01/23/2007
View Text Change
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 3253785 12/1/2006
Vol. 32/48
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 3165515 Effective:
11/20/2006
View Text Final
40E-4.091
Publications, Rules and Interagency Agreements Incorporated by Reference 1722640 Effective:
10/01/2006
View Text Development
40E-4.091
To revise the Operating Agreement Concerning the Regulation Under Part IV, F.S., and Aquaculture General Permits under Section 403.814, F.S., between the South Florida Water Management District and Department of Environmental .... 653894 9/1/2006
Vol. 32/35
View Text Proposed
40E-4.091
To incorporate language which clarifies that the Uniform Mitigation Assessment Method (UMAM) found in Rule 62-345, F.A.C., is applicable to all applications received on or after February 2, 2004. 652245 9/1/2006
Vol. 32/35
View Text Proposed
40E-4.091
To ensure any conservation easements, restrictive covenants or plat restrictions placed over property included in an environmental resource permit will be consistent with Section 704.06, Florida Statutes. 652148 9/1/2006
Vol. 32/35
View Text Development
40E-4.091
To ensure any conservation easements, restrictive covenants or plat restrictions placed over property included in an environmental resource permit will be consistent with Section 704.06, Florida Statutes. In order to accomplish .... 468818 7/7/2006
Vol. 32/27
View Text Development
40E-4.091
To include language which clarifies that the Uniform Mitigation Assessment Method (UMAM) found in Rule 62-345, F.A.C., is applicable to all applications received on or after February 2, 2004. 415080 6/16/2006
Vol. 32/24
View Text Correction
40E-4.021
......
Definitions, Publications, Rules and Interagency Agreements Incorporated by Reference, Content of Permit Applications, Duration of Permits, General Conditions 365901 5/26/2006
Vol. 32/21
View Text Development
40E-4.091
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 .... 306537 5/5/2006
Vol. 32/18
View Text Proposed
40E-4.021
......
The proposed amendments incorporate provisions to allow for noticing, delivery and receipt of documents through electronic media. 308089 5/5/2006
Vol. 32/18