Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-4 - WORKS OF THE DISTRICT PERMITS › Section 40B-4.1110 - Modification of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) An application
				for modification of permits shall be processed in accordance with this rule,
				unless the permit is otherwise revoked, suspended, or has expired.
(2) The District has the authority to modify
				a permit issued pursuant to this chapter at any time if it determines that the
				work or development in a Work of the District is in violation of any District
				rule, order or a condition of the permit and has or may become a danger to
				public health or safety. Before any such modification, the District shall give
				affected persons notice of the proposed modification with the reasons for such
				modification and reference to applicable District rule, order, or permit
				conditions. The notice shall state that affected persons may request an
				administrative hearing by filing a petition for such hearing with the District.
				In no event shall the time for filing said petitions be more than 14 days from
				the date the notice was sent or published, and no such modification shall be
				made without a hearing if requested.
(3) When the executive director or their
				designee determines that the danger to the public is imminent or that
				violations to these rules will result in adverse impacts to adjacent
				landowners, he shall order a temporary suspension of construction, alteration,
				repair, or operation of the work or development in a Work of the District; or
				he shall specify temporary conditions for continued operation, alteration,
				repair, or development until a hearing is complete or the District otherwise
				issues a final order; or the executive director or their designee may take
				appropriate action pursuant to Rule
				 40B-4.1170, F.A.C.
(4) Requests to modify permits for
				construction or operation shall meet the criteria of this chapter and may be
				made by application or by letter. Permit modifications shall be classified as
				major modifications unless they meet any of the criteria below:
(a) The proposed modification is for the
				extension of a permit duration with no proposed changes to the previously
				permitted activity;
(b) The
				proposed modification in addition to the previously permitted noticed general
				or authorized exempt activity pursuant to Rule
				 40B-4.1070, F.A.C., meets
				noticed general Works of the District permit criteria and the criteria below:
1. All application documents required in Rule
				 40B-4.3020, F.A.C., have been
				submitted; and
2. All previously
				required limiting permit conditions have been met;
(c) The proposed activity is inside of the
				50-feet obstruction shadow of a structure previously authorized pursuant to
				this chapter and meets the requirements of subparagraphs
				 40B-4.1110(4)(b) 
				1. and 2., F.A.C.;
(d) The proposed
				modification is to a previously permitted general or individual Works of the
				District permit and the proposed modification meets the noticed general or
				exemption criteria as set forth in subparagraphs
				 40B-4.1110(4)(b) 
				1. and 2., F.A.C.; or
(e) The
				proposed modification has already been included in a zero-rise report
				previously authorized by the District and meets the criteria set forth in
				subparagraphs  40B-4.1110(4)(b) 
				1. and 2., F.A.C.