reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.260 - Camping

Current through Reg. 50, No. 138; July 16, 2024
(1) Camping is allowed on District Lands at
				designated sites by permit or Special Use Authorization only.
(2) Camping using a motorized vehicle is
				allowed on District Lands only in camping sites designated for this purpose.
				The use of a motorized vehicle is subject to Rule
				 40D-9.270, F.A.C.
(3) The District shall grant a permit for
				camping on District Lands subject to the following conditions:
(a) Camping permits are issued on a first
				come-first served basis to those registered on the District's website.
				Reservations must be made no later than 24 hours prior to the start of the
				camping permit. The number of camping permits issued per site is limited to the
				capacity of the site.
(b) Campers
				may arrive no earlier than 3 p.m. on the first day of the camping permit and
				must depart no later than 11 a.m. on the final day of the camping
				permit.
(c) Overnight camping or
				the presence of camping equipment is limited to no more than seven (7)
				consecutive days, and thirty (30) total days per year on District lands where
				camping is authorized, unless authorized by Special Use
				Authorization.
(d) Permittees can
				hold no more than two (2) active camping permits within the reservation system
				at any given time.
(e) Camping is
				allowed outside of areas designated for camping only by Special Use
				Authorization.
(f) No person shall
				install, erect, or maintain any unauthorized camp, building, structure,
				shelter, residence or sign.
(g)
				Between the hours of 10:00 p.m. and 7:00 a.m., music, barking dogs, or any
				other activities causing excessive noise are prohibited in camping areas.
				Generator use is only allowed in camping areas on District Lands from 7:00 a.m.
				to 10:00 p.m., unless authorized by Special Use Authorization. Generators are
				not to be left running unattended at any time.
(h) Within camping areas, animals permitted
				include equine animals and dogs on District lands where allowed. Animals must
				be leashed or tethered at all times while on District lands. Dogs must remain
				on a 6ft leash at all times.
(i)
				Campers are limited to two dogs per camping reservation.
(j) Within camping areas, pet waste must be
				disposed of in waste bins, if provided, or removed by the owner. Equine animal
				manure within camping areas must be removed by owner/handler, or broken up and
				spread on site.
(k) Changing the
				registered name of a group or individual, or if the same individuals or the
				similar persons in a family group or camping rig make multiple advanced
				reservations, through any means, including the use of multiple user profiles,
				to circumvent the 7-day maximum or 30 day total annual length of stay is
				prohibited.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.270 - Use of Motorized Vehicles, Recreational Vehicles, Boats, and Aircraft

Current through Reg. 50, No. 138; July 16, 2024
(1) Motorized vehicles that are licensed for
				Florida highway use are allowed on District Lands in designated areas. Use of
				all-terrain, off-road, or other motorized vehicles not licensed for Florida
				highway use is prohibited on District Lands except by a Special Use
				Authorization for access by mobility impaired persons, research studies, or
				data collection.
(2) Motorized
				vehicles licensed for Florida highway use shall be operated by licensed drivers
				only on roads designated as open for motorized vehicles.
(3) Motorized vehicles shall not exceed
				posted speed limits. If no speed limit is posted, the speed limit shall be 20
				miles per hour.
(4) For purposes of
				this section, the term "boating" includes both motorized and non-motorized
				boats.
(5) Boating is allowed on
				all District-owned waterways (canals, impoundments, etc.) subject to the
				following:
(a) Boats traveling within 500
				feet of any District structure or levee shall not exceed idle speed unless
				otherwise indicated by signs.
(b)
				Boats shall not be operated in a manner which would damage plants, animals or
				other environmental resources.
(c)
				Boat use shall be limited to areas posted as open for boats.
(d) The District shall limit boating by
				engine horsepower, speed, or vessel type as necessary for public safety,
				resource protection, or protection of District facilities or equipment, and
				these limitations shall be specific to each water body. Areas closed to boating
				and boating limitations shall be designated by signs.
(e) The mooring of any boat on any District
				Lands for more than 24 continuous hours is prohibited, unless otherwise posted.
				The mooring of any boat on any District Lands for less than 24 continuous hours
				is authorized, unless otherwise posted.
(f) No person shall operate an airboat or
				vessel beyond posted signage or on upland areas.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.280 - Unauthorized Facilities or Structures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Constructing, erecting or maintaining any facility or any other structure of a
				permanent or semi-permanent nature on District Lands is prohibited unless
				authorized by a Special Use Authorization.
(2) Any unauthorized facility or structure
				discovered on District Lands shall be removed according to the following
				procedure:
(a) Upon discovery of the
				unauthorized facility or structure, District staff will post a notice on such
				facility or structure, for a period of 30 days, informing the owner that such
				facility or structure is not authorized on District Lands and that the owner
				must remove such facility or structure.
(b) The owner of an unauthorized facility or
				structure must remove such facility or structure within 30 days after the
				posting of the District notice.
(c)
				If the owner of the unauthorized facility or structure fails to remove such
				facility or structure within 30 days after posting of the District notice, the
				District will remove such facility or structure from District Lands or claim
				such facility or structure as District property. The District may seek
				reimbursement of costs for removal of any unauthorized facility or structure
				from the owner of such facility or structure.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.290 - Use or Possession of Alcoholic Beverages on District Lands Prohibited

Current through Reg. 50, No. 138; July 16, 2024
The use or possession of alcoholic beverages on District Land
				  is prohibited, except as authorized herein.
(1) The possession, sale, and use of
				alcoholic beverages may be allowed on District Land that is cooperatively
				managed by another agency or local government when that agency or local
				government has adopted a rule or ordinance that allows the sale and use of
				alcoholic beverages in parks or facilities owned or managed by the agency or
				local government and makes such a request in writing.
(2) The rule or ordinance must, at a minimum,
				require $1, 000, 000 liquor liability insurance, and the agency or local
				government must agree in writing to indemnify and hold the District harmless
				from any claims of liability resulting from events authorized by the agency or
				local government pursuant to its rule or ordinance at which alcoholic beverages
				are sold or used on District Land.
(3) If the conditions of subsections (1) and
				(2) are not met, the District shall deny a request by an agency or local
				government to allow the possession, sale, or use of alcoholic beverages on
				District Land.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.1391(6) FS.
					 Law Implemented 373.1391,
					 373.59
					 FS.
New 7-20-04, Amended 9-11-11,
					 6-23-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.300 - Trespass After Notice (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1391,
					 373.59
					 FS.
New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws
					 of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.310 - Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.1391,
					 373.59
					 FS.
New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws
					 of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.311 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who violates any provision of
				this chapter is subject to ejection from the premises and may be subject to
				criminal prosecution.
(2) Any
				person who is ejected more than once from District Lands may be barred from
				applying for any permit or Special Use Authorization contemplated by this
				chapter for a period of up to five years.
(3) The penalties identified in these rules
				do not supersede other remedies available to the District at law and/or in
				equity.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.1391(6) FS.
					 Law Implemented 373.1391,
					 373.59
					 FS.
New 6-23-21.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.320 - Conflicting Rules

Current through Reg. 50, No. 138; July 16, 2024
If an agency or local government has entered into a
				  cooperative land management agreement with the District regarding specific
				  District Lands, the District's Land Use Rules shall apply if in conflict with
				  the rules of the agency or local government unless the cooperative land
				  management agreement addresses a specific land use, then the terms of the
				  cooperative land management agreement shall apply.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.1391(6) FS.
					 Law Implemented 373.1391,
					 373.59
					 FS.
New 7-20-04, Amended
					 9-11-11.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-9 - DISTRICT LAND USE RULES › Section 40D-9.330 - Special Use Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) A person or
				entity must obtain a Special Use Authorization to use District Lands for
				activities not specifically authorized by this chapter.
(2) For recreational activities specifically
				authorized by this chapter involving 25 or more participants, a Special Use
				Authorization must be obtained on behalf of the group.
(3) To receive a Special Use Authorization
				the applicant must provide reasonable assurance in writing that:
(a) The requested use is natural
				resource-based,
(b) The requested
				use will not permanently alter District Lands or involve the placing of any
				structure or facility on District Lands,
(c) The requested use is consistent with the
				management plan for the District Lands involved,
(d) The requested use will not harm the
				environmental or historical resources of the District Lands,
(e) The requested use will not cause
				unreasonable expense to the District,
(f) The requested use will not create a
				substantial risk of liability to the District,
(g) The requested use will not harm any dam,
				impoundment, works, water control structures, roads, or District-owned
				facilities or equipment,
(h) The
				requested use will not interfere with District water management, leased,
				licensed, or authorized uses of the land, and
(i) The requested use will not interfere with
				any other use allowed by the rules in this chapter.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions
				of this chapter comprise the Southwest Florida Water Management District's
				(District) Water Shortage Plan required under Section
				 373.246(1),
				F.S., and include restrictions pursuant to Section
				 373.175, F.S. The purposes of
				the plan are to protect waters of the District from serious harm; to establish
				procedures and responses that prevent undue hardship and ensure equitable
				distribution of available water resources during times of shortage and, to
				provide advance knowledge of the means by which water apportionments and
				reductions will be made during times of shortage as a means of promoting
				greater security for Water Use Permittees.
(2) These provisions apply to all water
				users, including those not subject to permitting pursuant to Chapter 40D-2,
				F.A.C.
(3) This chapter is designed
				to be an integral part of the District's continuing effort to promote
				conservation of the waters of the District.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 11-19-84, Amended
					 4-9-06.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.031 - Elements of the Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.246
					 FS.
New 11-19-84, Amended 4-9-06, Repealed by Section 3,
					 Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.211 - Monitoring Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose - This
				part of the chapter generally describes the data collection and analyses that
				the District continuously undertakes in anticipation of and during a declared
				Water Shortage or Water Shortage Emergency.
(2) Condition monitoring - Water resource
				data and water demand data will be obtained from any source of information
				needed to evaluate the following:
(a) Drought
				Indicators shown in Table 21-1.
(b)
				Current regional lake levels and their relationship to low normal
				values.
(c) Current and recent
				values of the U.S. Drought Monitor from the National Drought Mitigation
				Center.
(d) Current precipitation
				outlooks from the Climate Prediction Center of the National Oceanic and
				Atmospheric Administration's National Weather Service.
(e) Public supply storage
				status.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.221 - Evaluating Water Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				District shall consider the data collected by the District as described in Rule
				 40D-21.211, F.A.C., in
				determining:
(a) Whether a Water Shortage or
				Water Shortage Emergency should be declared in light of existing or projected
				conditions and anticipated durations thereof;
(b) Whether the restrictions and other
				response mechanisms in effect are being adequately enforced; and
(c) Whether an existing order issued pursuant
				to this chapter should be modified or rescinded in light of existing and/or
				anticipated conditions.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.251 - Water Shortage Phases

Current through Reg. 50, No. 138; July 16, 2024
(1) This Water
				Shortage Plan establishes four phases of Water Shortage severity with
				associated water use restrictions and other required actions.
(2) The following Water Shortage phases are
				established in accordance with Chapter 62-40, F.A.C.:
(a) Moderate,
(b) Severe,
(c) Extreme,
(d) Critical.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.275 - Implementing a Water Shortage Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) Affected water users and Permittees shall
				be afforded the opportunity to comment to the Board concerning a proposed Water
				Shortage declaration, including proposed water use restrictions and other
				required actions, at a scheduled public hearing.
(a) At least one public hearing will be
				scheduled to afford the public the opportunity to comment.
(b) The public shall be allowed a reasonable
				opportunity to participate during the public hearing in order to present
				non-repetitive testimony about current conditions and impacts of a proposed
				Water Shortage declaration. Such participation shall be subject to the control
				of the Governing Board and may be limited as necessary to facilitate reasonable
				progress of the hearing.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.281 - Modifying or Rescinding a Water Shortage Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) During a declared Water Shortage, the
				District shall continue to monitor and evaluate conditions in accordance with
				Rules  40D-21.211 and
				 40D-21.221, F.A.C.
(2) When the data and evaluations set forth
				in Rules  40D-21.211,
				 40D-21.221 and
				 40D-21.251, F.A.C., indicate
				that conditions have changed sufficiently to warrant the declaration and
				implementation of a different set of water use restrictions and other required
				actions, an order amending or superseding an existing Water Shortage
				declaration shall be issued and implemented in accordance with Rules
				 40D-21.231,
				 40D-21.251 and
				 40D-21.275, F.A.C.
(3) When, after considering the data and
				factors described in Rules
				 40D-21.221 and
				 40D-21.231, F.A.C., conditions
				have changed sufficiently to no longer warrant the existence of a specific
				Water Shortage declaration, an order amending or rescinding the declaration
				shall be issued with the notification of the order being the same as specified
				in Rules  40D-21.231 and
				 40D-21.275,
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 4-9-06, Amended
					 7-5-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.331 - Declaring a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Purpose - This part of the chapter sets forth the steps the District will take
				to evaluate conditions within the District to determine whether a Water
				Shortage Emergency exists.
(2) The
				District shall monitor and evaluate conditions as provided in Rules
				 40D-21.211 and
				 40D-21.221, F.A.C.
(3) If the monitoring and evaluation process
				indicates that conditions are rapidly deteriorating, or if the District
				receives a request for emergency assistance related to an ongoing drought or
				other Water Shortage event, District staff shall ascertain whether the
				provisions of Part II of this rule are sufficient to protect public health,
				safety or welfare and Essential Uses, or the health of livestock and other
				animals, fish or aquatic life in the affected area. This shall be accomplished
				by considering the following:
(a) Factors
				related to the present and anticipated water supply for affected users,
				including:
1. Pertinent factors listed in
				subsection  40D-21.251(4),
				F.A.C.;
2. The ability of affected
				users to obtain water from other users on a temporary basis;
3. The ability of affected users to obtain
				water from another Source Class on a temporary basis; and
4. Other factors affecting the present and
				anticipated water supply, such as the availability of temporary treatment
				equipment that would allow affected users to obtain suitable water quality from
				an otherwise unsuitable source.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.371 - Actions During a Water Shortage Emergency

Current through Reg. 50, No. 138; July 16, 2024
(1) When a Water Shortage Emergency has been
				declared, the Executive Director will issue orders containing water use
				restrictions and other required or authorized actions deemed necessary to
				address the emergency. Examples of the required or allowed actions include:
				authorizations to temporarily withdraw from a permitted source in a manner or
				for a purpose not expressly granted by the applicable Water Use Permit;
				authorizations to temporarily augment a public water supply system with water
				from an unpermitted source; and restrictions that involve apportioning,
				rotating, limiting, or prohibiting the use of water.
(2) All actions required or authorized
				pursuant to the declaration of a Water Shortage Emergency shall be in addition
				to, and enforced in combination with, any and all restrictions and other
				actions imposed under Part II of this Chapter 40D-21, F.A.C., unless
				specifically stated otherwise within a Water Shortage Order. If there is a
				conflict between Part II and a Water Shortage Emergency order, the more
				restrictive provision shall apply.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.119,
					 373.246
					 FS.
New 11-19-84, Amended 4-9-06,
					 7-5-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.391 - Implementing a Water Shortage Emergency Declaration

Current through Reg. 50, No. 138; July 16, 2024
(1) When a Water Shortage Emergency has been
				declared pursuant to subsection
				 40D-21.331(5),
				F.A.C., the Executive Director shall issue orders pursuant to the emergency
				provision of Section  373.119, F.S. Prior notice is
				not required for issuance of Water Shortage Emergency orders.
(a) Water Shortage Emergency orders shall
				recite information related to the existence of such an emergency and identify
				water use restrictions and other required or allowed actions deemed necessary
				by the Executive Director, with the subsequent concurrence of the Board, to
				address the emergency.
(b) All
				users, local governments, water utilities, Water Supply Authorities and other
				parties to whom an emergency order is directed shall comply immediately, but
				may petition the Board for a hearing as set forth in Section
				 373.119,
				F.S.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.421 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the policy of the District to seek
				the cooperation and assistance of state, county and municipal governmental
				officials, law enforcement officials, and police officers in accordance with
				Section  373.609, F.S., to facilitate the
				enforcement of this chapter and any order issued pursuant to this chapter,
				including any variance or waiver from this chapter. This cooperation and
				assistance is generally sought for violations of this chapter which do not
				directly involve a Permittee.
(2)
				Counties and municipalities throughout the jurisdiction of the District are
				authorized and encouraged to adopt ordinances, which provide specific local
				processes for local enforcement of the provisions of this chapter and any order
				or variance or waiver issued pursuant thereto. A "sample ordinance" is
				available from the District and will be provided for use by local governments,
				upon request.
(3) In enforcing the
				provisions of this chapter, any order issued pursuant to this chapter or
				Chapter 40D-1, F.A.C., or any variance or waiver approved by the District
				pursuant to provisions of this chapter, the District will utilize any of the
				enforcement remedies available pursuant to Chapter 120 or 373, F.S. or Chapter
				40D-1, F.A.C., as appropriate. District enforcement will focus on violations
				which directly involve a Permittee.
(4) Enforcement may be initiated by the
				District as provided in Section
				 373.603, F.S.
(5) The Executive Director may assign
				District personnel for the purpose of initiating enforcement pursuant to
				Section  373.603, F.S.
(6) The Executive Director may take
				appropriate action pursuant to Sections
				 373.119 and
				 373.246(7),
				F.S. and Rule  40D-21.331, F.A.C., to enforce
				the provisions of this chapter and any order or variance or waiver issued
				pursuant thereto, or pursuant to Chapter 40D-1, F.A.C., or to alleviate any
				emergency conditions which might occur.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.119,
					 373.129,
					 373.136,
					 373.603,
					 373.609
					 FS.
New 11-19-84, Amended 7-2-86, 5-4-87, 4-9-06,
					 7-5-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.441 - Public Supply Water Shortage Mitigation Plans (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 4-9-06, Amended 1-8-08,, Repealed by Section 3, Chapter
					 2012-31, Laws of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.511 - General

Current through Reg. 50, No. 138; July 16, 2024
Purpose - This part of the chapter establishes the basis for
				  distinguishing among different users of the water resource according to major
				  classes. Under this system, each water user may be classified according to
				  source, use and method of withdrawal. Each of these classes is described
				  herein.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.175,
					 373.246
					 FS.
New 11-19-84, Amended
					 4-9-06.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.531 - Source Classifications

Current through Reg. 50, No. 138; July 16, 2024
Each water user may be classified according to one or more of
				  the following sources of water:
(1)
				Groundwater sources.
(a) Water table
				aquifers;
(b) Confined and
				semi-confined aquifers.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.541 - Use Classifications

Current through Reg. 50, No. 138; July 16, 2024
Each water user may be classified according to one or more of
				  the following uses of water, as defined in Part I of this rule:
(1) Indoor Uses.
(2) Essential Uses, including a
				subclassification for Water Utility Use.
(3) Commercial and Industrial Uses.
(4) Agricultural Uses.
(5) Landscape Uses is further classified as
				set forth below. Within each of the Landscape Use subclassifications there is a
				further subclassification of Existing or New Plant Material:
(a) Lawn and Landscaping.
(b) Cemeteries.
(c) Golf Courses.
(d) Driving Ranges.
(e) Other Athletic Play
				Areas.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.571 - Method of Withdrawal Classifications

Current through Reg. 50, No. 138; July 16, 2024
Each water user may be classified by one or more of the
				  following methods of withdrawal classes:
(1) Surface Waters:
(a) Pump,
(b) Gravity Flow;
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.601 - General

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose - this Part sets forth specific
				water use restrictions and other required actions available to the District for
				implementation upon a declaration of a Water Shortage or Water Shortage
				Emergency.
(2) The water use
				restrictions and other required actions specified within this Plan may be
				modified by the Board or Executive Director to address the specific Water
				Shortage or Water Shortage Emergency event. The selected combination of water
				use restrictions and other required actions shall be summarized in the
				notice(s) of the water shortage declaration, as specified above in Rule
				 40D-21.275, F.A.C.
(3) Water use restrictions and other required
				actions may be established for each Use Class and various subcategories, as
				appropriate. All water users have a duty to keep informed about the water use
				restrictions and other required actions applicable to them.
(4) In addition to the restrictions specified
				in this part, all wasteful and unnecessary water use is prohibited regardless
				of the phase of Water Shortage. Wasteful and unnecessary water use includes the
				water use activities listed in subsection
				 40D-22.201(2),
				F.A.C., and any of the following:
(a) Allowing
				water to be dispersed without any practical purpose to the water
				user;
(b) Allowing water to be
				dispersed in a grossly inefficient manner, regardless of the type of water use;
				and
(c) Allowing water to be
				dispersed to accomplish a purpose for which water use is unnecessary or which
				can be readily accomplished through alternative methods without water
				use.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.621 - Phase I: Moderate Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Phase I Water Shortage is a hydrologic or climatic condition in which at least
				one regional or local Drought Indicator has a moderately abnormal value, such
				that conditions warrant the District alerting the general public and the
				District ordering water utilities and other water users to review and implement
				internal procedures needed to fully implement restrictions and other required
				actions during a Phase II, Phase III, Phase IV or emergency declaration. The
				following measures shall remain in effect during a Phase I Water Shortage
				unless otherwise provided in an order implementing a Phase I Water Shortage.
				Except as set forth in this Rule
				 40D-21.621, F.A.C., lawn
				irrigation and other uses of water remain subject to applicable provisions of
				Chapter 40D-22, F.A.C. (the District's Year-Round Water Conservation Measures)
				and any applicable variances thereto issued by the District.
(2) Indoor Uses. Indoor Uses should be
				voluntarily reduced.
(3) Essential
				Uses.
(a) Fire Fighting & Other
				First-Responder Activities.
1. Fire hydrant
				testing shall not be restricted. Each fire hydrant testing agency, whether a
				local government unit or other entity, shall review and update existing
				procedures or develop procedures through which it can address inquiries from
				the District and citizens about specific testing activity. At a minimum, these
				procedures shall include either the use of an on-site sign containing the name
				and telephone number of the hydrant testing agency or the establishment and
				promotion of a telephone number of a hotline that the District and citizens can
				call to question testing activity at a specific location. A marked vehicle
				remaining on-site during the activity may be used in lieu of a free-standing
				sign.
2. Fire suppression and fire
				prevention activities shall not be restricted. Each fire fighting agency shall,
				and each local government shall direct its fire department to, review and
				revise as necessary its inventory for primary and back-up water
				sources.
3. Maintenance of fire
				fighting facilities and other emergency equipment is allowed as needed. This
				maintenance specifically includes the washing of fire engines, law enforcement
				vehicles and other emergency Mobile Equipment. This maintenance specifically
				requires the use of a trigger (self-canceling) nozzle when a garden-type hose
				is used for cleaning or other maintenance purposes in accordance with
				subsection  40D-21.601(4),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.631 - Phase II: Severe Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Phase II Water Shortage is a hydrologic or climatic condition in which multiple
				regional Drought Indicators have moderately abnormal values, or a local Drought
				Indicator for a specific public supply has a severely abnormal value, such that
				conditions warrant prudent actions to further assure only reasonable water uses
				occur in the affected area. The following shall be in effect during a Phase II
				Water Shortage unless otherwise provided in the order implementing a Phase II
				Water Shortage.
(2) Indoor Use.
				Indoor uses should be voluntarily reduced.
(3) Essential Uses.
(a) Fire Fighting & Other First-Responder
				Activities.
1. Fire hydrant testing is allowed
				for the protection of human health, safety and welfare. Each hydrant testing
				agency, whether a local government unit or an independent entity, shall
				implement procedures through which it addresses inquiries about testing
				activity as specified in subsection
				 40D-21.621(3),
				F.A.C.
2. Fire suppression and fire
				prevention activities shall not be restricted. However, each fire-fighting
				agency shall and each local government shall direct its fire department to
				review and revise, as necessary, its list of primary and back-up water sources,
				especially in areas where potable water is not available for fire-fighting
				purposes.
3. Maintenance of
				fire-fighting facilities and other emergency equipment is allowed as needed.
				This maintenance specifically includes the washing of fire engines, law
				enforcement vehicles and other emergency Mobile Equipment. This maintenance
				specifically requires the use of a trigger (self-canceling) nozzle on any
				garden-type hose used for cleaning or other maintenance purposes in accordance
				with subsection  40D-21.601(4),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.641 - Phase III: Extreme Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Phase III Water Shortage is a hydrologic or climatic condition in which
				multiple regional Drought Indicators have severely abnormal values, or a local
				Drought Indicator for a specific public supply has an extremely abnormal value,
				such that conditions warrant temporary minimization of unnecessary water use
				and/or preparation for supply augmentation. The following measures shall be in
				effect during a Phase III Water Shortage unless otherwise provided in the order
				implementing a Phase III Water Shortage.
(2) Indoor Use. Indoor Uses should be
				voluntarily reduced.
(3) Essential
				Uses.
(a) Fire Fighting & Other
				First-Responder Activities.
1. Each fire
				hydrant testing agency, whether a local government unit or an independend
				entity, shall implement or continue to implement provisions of subparagraph
				 40D-21.631(3)(a) 
				1., F.A.C., except that fire hydrant testing shall be limited to only
				activities conducted by fire service personnel, water utility personnel or
				vendors as authorized by Chapter 633, F.S., that the applicable fire service or
				water utility has approved to conduct that activity during the specific Water
				Shortage declaration.
2. Each
				fire-fighting agency shall, and each local government shall direct its fire
				department review and revise its list of primary and back-up sources. This
				review and revision process should involve, as necessary, work with District
				staff to proactively locate potential back-up sources, such as existing
				permitted supplies, especially in areas where potable water is not available
				for fire-fighting purposes.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-21 - WATER SHORTAGE PLAN › Section 40D-21.651 - Phase IV: Critical Water Shortage

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				Phase IV Water Shortage is a hydrologic or climatic condition where multiple
				regional Drought Indicators have extremely abnormal values, or the local
				Drought Indicator for a specific public supply has a critically abnormal value,
				such that conditions warrant the temporary suspension of nonessential use
				and/or initiation of supply augmentation. The following measures shall be in
				effect during a Phase IV declaration unless otherwise provided in the order
				implementing a Phase IV Water Shortage.
(2) Indoor Use. Indoor Uses should be
				voluntarily reduced.
(3) Essential
				Uses.
(a) Fire Fighting, Other First-Responder
				Activities, Health and Medical water uses shall be subject to paragraphs
				 40D-21.641(3)(a) and
				(c), F.A.C.
(b) Water Utility Use. Water Utility Uses
				shall be subject to paragraph
				 40D-21.641(3)(b),
				F.A.C., with the following modifications:
1.
				If specifically Ordered by District, increase the frequency of system status
				reports or transmittal of demand data.
2. Immediately notify the District's
				applicable Demand Management staff about any new water supply emergency and any
				supply supplementation or replacement that occurs in order to address or
				prevent such an emergency.
3.
				Identify, based on the water utility's customer demographics and system
				characteristics, and implement additional means by which the water utility will
				temporarily maintain or reduce system demand during the Water Shortage
				declaration. This requirement shall include listing and qualifying the
				implementation of these additional means on each system status
				report.
4. Except for
				wholesale-only systems, take the following addional enforcement assistance
				steps:
a. Place temporary limits on potable
				water service in response to a location-specific request from the District to
				remedy a violation of this chapter that the District has determined is causing,
				or is likely to cause, a public health hazard or property damage. These limits
				do not necessarily involve suspension of service; however, at a minimum, such
				limits shall involve constraining the user to the amount of water necessary for
				reasonable Indoor Uses. One example of such a limitation is the assessment of a
				surcharge for any amount of water utilized beyond that necessary for reasonable
				Indoor Uses. The applicable public supply water utility shall determine the
				limitation method and consider any mitigating circumstances when determining
				what constitutes reasonable Indoor Uses for a specific customer, such as the
				number of persons in the household or medical needs.
b. Coordinate with local code enforcement
				officials to advocate temporary.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the
				policy of the District to promote and require water conservation during times
				of average and above average rainfall as well as during declared water
				shortages. To that end, the purpose of this chapter is to promote long-term
				sustainability of the water resources of the District through water use
				efficiency during times when no water shortage has been declared. The measures
				contained in this chapter are intended to reduce wasteful irrigation practices
				and encourage lawn and landscape drought conditioning.
(2) This chapter applies to all water sources
				as provided herein and all Users as defined herein engaged in irrigation,
				including those not subject to permitting pursuant to Chapter 40D-2,
				F.A.C.
Rulemaking Authority 373.044, 373, 113,
					 373.171 FS. Law Implemented
					 373.171
					 FS.
New 3-15-92, Amended 9-15-03,
					 5-13-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.201 - Year-Round Water Conservation Measures

Current through Reg. 50, No. 138; July 16, 2024
(1) General Requirements - The year-round
				water conservation measures contained in this section are applicable to all
				Users, including end Users served by public or private water systems and shall
				be effective throughout all geographical areas within the District. Any
				restrictions or other measures declared pursuant to Chapter 40D-21, F.A.C., or
				any Board or Executive Director order that is more restrictive than a water
				conservation measure contained within this chapter, shall supersede the water
				conservation measure for the duration of the applicable order.
(2) Wasteful and Unnecessary Use - In
				addition to the specific restrictions enumerated below, the following wasteful
				and unnecessary water uses are prohibited:
(a) Allowing water to flow from an unattended
				hose, unless that water is discharged from a functional water-to-air air
				conditioning unit, residential reverse osmosis treatment system, or similar
				device.
(b) Hand Watering a Lawn on
				an otherwise restricted day or more than once a day, except when used for Spot
				Treatment or other practices specified in this rule.
(c) Hosing-down a driveway or other
				impervious surface to remove grass clippings or other debris that can be
				removed with a broom or other dry methods.
(d) Hosing-down a building or other structure
				to remove cobwebs or other material that can be removed with a broom or other
				dry methods.
(e) Allowing water to
				flow from a broken sprinkler head, outdoor faucet, or other malfunctioning
				plumbing or irrigation system component, after receiving verbal or written
				notice of the malfunction from the District, water utility, or local
				government.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.301 - Variances (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 373.044, 373, 113,
					 373.171 FS. Law Implemented
					 373.171
					 FS.
New 3-24-92, Repealed
					 7-2-98.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.303 - Variances and Waivers

Current through Reg. 50, No. 138; July 16, 2024
(1) Users may
				request relief from the provisions of Chapter 40D-22, F.A.C., by following the
				procedures outlined in Rule
				 40D-1.1002, F.A.C., in
				accordance with Section
				 120.542, F.S., and Chapter
				28-104, F.A.C.
(2) Examples of
				circumstances, which, subject to the above referenced statute and rule and the
				provisions below, may be candidates for the issuance of a variance or waiver
				are:
(a) Properties with Irrigation systems
				that water both Odd and Even Numbered Addresses at the same time.
(b) Two or more properties which share a
				common source of water.
(c) A
				public or private water system experiencing, or anticipating, pressure problems
				associated with subsection
				 40D-22.201(4),
				F.A.C.
(d) Properties which, due to
				the amount of irrigated acreage in relation to the irrigation system
				configuration, cannot irrigate all zones in accordance with the watering days
				provided in paragraphs
				 40D-22.201(4)(a) 
				-(d), F.A.C.
(e) A variance granted
				in accordance with Section
				 373.62(7),
				F.S.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.401 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter shall be effective year
				round. However, if the measures, provisions and/or restrictions imposed when a
				water shortage has been declared pursuant to Chapter 40D-21, F.A.C., or related
				Board or Executive Director order are more restrictive than a water
				conservation measure contained within this chapter, such measures, provisions
				and/or restrictions shall supersede the water conservation measures contained
				in this chapter for the duration of the applicable water shortage or related
				Board or Executive Director order.
(2) City and county officers shall assist the
				District with the enforcement provisions of this chapter in accordance with
				Section  373.609, F.S. Local governments
				may voluntarily elect to provide additional local enforcement assistance, such
				as a violation reporting telephone number for citizens' use or a system of
				proactive enforcement patrols.
(3)
				Irrigation of Lawns and Landscapes, as described in this chapter, may be
				further restricted by local governments in response to a local water supply
				system concern. In the event any county or city within the District adopts or
				implements such local measures, the measures contained therein shall be at
				least as restrictive as those imposed by this chapter and the county or city
				shall promptly notify the District and provide a copy of all local measures
				imposed and the effective implementation date.
(4) In enforcing the provisions of this
				chapter the District will utilize any of the enforcement remedies available
				pursuant to Chapters 120 or 373, F.S., or applicable District
				rule.
Rulemaking Authority 373.044, 373, 113,
					 373.171 FS. Law Implemented
					 373.119,
					 373.171,
					 373.219,
					 373.175,
					 373.246,
					 373.603,
					 373.609
					 FS.
New 3-15-92, Amended 9-15-03, 11-5-09,
					 2-4-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-24 - XERISCAPE INCENTIVE PROGRAM › Section 40D-24.001 - Policy and Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.185 FS. Law Implemented
					 373.185
					 FS.
New 8-23-92, Repealed
					 11-30-09.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-24 - XERISCAPE INCENTIVE PROGRAM › Section 40D-24.010 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.185 FS. Law Implemented
					 373.185
					 FS.
New 8-23-92, Amended 11-30-09, Repealed
					 11-30-09.