reglab/statecodes huggingface dataset:
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.0281 - Airports

Current through Reg. 50, No. 138; July 16, 2024
(1) Any of the following airport construction
				projects shall be presumed to be a development of regional impact:
(a) A new commercial service or general
				aviation airport with paved runways.
(b) A new commercial service or general
				aviation paved runway.
(c) A new
				passenger terminal facility.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.029 - Industrial Plants, Industrial Parks and Distribution, Warehousing or Wholesaling Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0651(3)(c)  FS. Law Implemented
					  380.06 FS.
New 7-25-89, Repealed
					 1-5-16.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.030 - Port Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0651(3)(e)  FS. Law Implemented
					  380.06 FS.
New 7-25-89, Repealed
					 1-5-16.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.031 - Retail and Service Development

Current through Reg. 50, No. 138; July 16, 2024
Subject to Section   380.06(2)(d), F.S., any proposed retail,
				  service or wholesale business establishment or group of establishments which
				  deals primarily with the general public on-site, operated under one common
				  property ownership, development plan, or management that:
(1) Encompasses more than 400, 000 square
				feet of gross area;
(2) Occupies
				more than 40 acres of land; or
(3)
				Provides parking spaces for more than 2, 500 cars.
Rulemaking Authority  380.0651(3)(f)  FS. Law Implemented
					  380.06 FS.
New 7-25-89.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.032 - Multi-Use Development

Current through Reg. 50, No. 138; July 16, 2024
Subject to Section   380.06(2)(d), F.S., the following
				  development shall be a development of regional impact:
(1) Any proposed development with two or more
				land uses where the sum of the percentages of the appropriate thresholds
				identified in Rules   28-24.015 -.017,   28-24.019 -.021,   28-24.023 -.024,
				  28-24.026 -.027 and   28-24.029 -.031, F.A.C., for each land use in the development
				is equal to or greater than 145 percent; or
(2) Any proposed development with three or
				more land uses, one of which is residential and contains 100 dwelling units or
				15 percent of the applicable residential threshold, whichever is greater, where
				the sum of the percentages of the appropriate thresholds identified in Rules
				  28-24.015 -.017,   28-24.019 -.021,   28-24.023 -.024,   28-24.026 -.027 and
				  28-24.029 -.031, F.A.C., for each land use in the development is equal to or
				greater than 160 percent. The thresholds listed in subsections (1) and (2) of
				this paragraph are in addition to, and do not preclude, a development from
				being required to undergo development of regional impact review under any other
				threshold.
Rulemaking Authority  380.06(2)(c),  380.0651(3)  FS (Supp.
					 1988). Law Implemented  380.06 FS.
New 7-25-89.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.033 - Port Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0651(3)(e)  FS. Law Implemented
					  380.06 FS.
New 1-5-94, Repealed
					 1-5-16.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.034 - Port Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.0651(3)(e)  FS. Law Implemented
					  380.06 FS.
New 1-5-94, Repealed
					 1-5-16.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.035 - Airports

Current through Reg. 50, No. 138; July 16, 2024
(1) Any of the proposed airport construction
				projects shall be presumed to be a development of regional impact:
(a) A new commercial service or general
				aviation airport with paved runways.
(b) A new commercial service or general
				aviation paved runway.
(c) A new
				passenger terminal facility.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-24 - LAND PLANNING - PART II DEVELOPMENTS PRESUMED TO BE OF REGIONAL IMPACT › Section 28-24.036 - Port Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 54, Chapter 93-206, Laws of
					 Florida. Law Implemented Chapter 93-206, Laws of
					 Florida.
New 1-5-94, Repealed
					 1-5-16.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.002 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 7, Article II, of the Florida
				  Constitution, Section   380.05, F.S. and Section   380.055, F.S., it is the purpose
				  of these regulations to conserve and protect the natural, environmental and
				  economic resources and the scenic beauty of the Big Cypress Area, including the
				  proposed Federal Big Cypress National Fresh Water Reserve, the Everglades
				  National Park, and ecologically related wetlands, estuarine fisheries, and the
				  fresh water aquifer, and ecologically related areas. It is the further purpose
				  of these regulations to provide a land and water management system that will
				  preserve water quality, provide for the optimum utilization of the limited
				  water resources of the area, facilitate orderly and well-planned development,
				  and protect the health, welfare, safety and quality of life of the residents of
				  the state. To effectively and equitably accomplish such purposes these
				  regulations should be implemented by local governments through existing
				  administrative processes and all existing rights of private property should be
				  preserved in accordance with the constitutions of the State of Florida and the
				  United States.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.02, 27F-3.02,
					 27F-3.002.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
All terms defined in Section   380.01, F.S., shall have the
				  meanings ascribed to them by that section. In addition, as used in these
				  regulations:
(1) "Coastal Waters"
				means the waters of the state where either tidal influence exists or where
				saline water occurs.
(2)
				"Development" shall have the meaning ascribed to it in Section   380.04,
				F.S.
(3) "Drainage Facilities"
				means any canal, ditch, culvert, dike or other facility which lowers the ground
				water table, acts as a conduit, diverts or directs the flow of water or
				otherwise affects the natural flow regime.
(4) "Finger Canals" means modification or
				construction of a lake or pond so that the square of 15% of the shoreline
				measured in feet, exceeds the surface area measured in square feet for the same
				measuring period.
(5)
				"Hydro-period" means that portion of the annual hydrologic cycle during which
				water is at or on the soil surface.
(6) "Natural Flow Regime" means the velocity,
				volume and direction of the surface or ground water flow occurring at any given
				point in the current hydro-period or any given portion of the Area of Critical
				State Concern.
(7) "Site
				Alteration, Alteration or Altered" means development including, but not limited
				to, removal of, or damage to, vegetation, burning, filling, ditching, dredging,
				draining, excavation, earth moving, water containment and changes in the
				natural flow regime, or the effects of such actions.
(8) "Total Site" means land which is under
				common ownership or is part of a common plan of development, rental,
				advertising or sale.
(9)
				"Transportation Facilities" means public and private roadways, roadbeds,
				waterways, aqueducts, pipelines, transmission lines, public and private
				airports, and facilities necessary for their maintenance and use, including,
				but not limited to, borrow pits and drainage works.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.03, 27F-3.03,
					 27F-3.003.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.004 - Agricultural Exemption

Current through Reg. 50, No. 138; July 16, 2024
The use of any land for the purpose of growing plants, crops,
				  trees, and other agricultural or forestry products, raising livestock or for
				  other purposes directly related to all such uses are exempt from these
				  regulations. Lands lying fallow are deemed to be used for agricultural
				  purposes. However, whenever any person carries out any activity defined in
				  Section 380, F.S., as development or applies for a development permit, as
				  defined in Section 380, F.S., to develop exempted land, these regulations shall
				  apply to such application and to such land.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.04, 27F-3.04,
					 27F-3.004.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.007 - Drainage

Current through Reg. 50, No. 138; July 16, 2024
(1) Existing drainage facilities shall not be
				modified so as to discharge water to any coastal waters, either directly or
				through existing drainage facilities. Existing drainage facilities shall not be
				expanded in capacity or length except in conformance with subsection (2) below;
				however, modifications may be made to existing facilities that will raise the
				ground water table or limit salt water intrusion.
(2) New drainage facilities shall release
				water in a manner approximating the natural local surface flow regime, through
				a spreader pond or performance equivalent structure or system, either on site
				or to a natural retention, or natural filtration and flow area. New drainage
				facilities shall also maintain a ground water level sufficient to protect
				wetland vegetation through the use of weirs or performance equivalent structure
				or systems. Said facilities shall not retain, divert, or otherwise block or
				channel the naturally occurring flows in a strand, slough, or estuarine
				area.
(3) New drainage facilities
				shall not discharge water to any coastal waters either directly or through
				existing drainage facilities.
(4)
				This rule shall not apply to drainage facilities modified or constructed in
				order to use land for agricultural purposes or to convert land to such
				use.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.07, 27F-3.07,
					 27F-3.007.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.008 - Transportation

Current through Reg. 50, No. 138; July 16, 2024
(1) Transportation facilities which would
				retain, divert or otherwise block surface water flows shall provide for the
				re-establishment of sheet flow through the use of interceptor spreader systems
				or performance equivalent structures and shall provide for passage of stream,
				strand or slough waters through the use of bridges, culverts, piling
				construction or performance equivalent structures or systems. Channelization of
				such areas shall be the minimum length necessary to maintain reasonable flow
				and prevent weed blockage.
(2)
				Transportation facilities, constructed substantially parallel to the local
				surface flow, shall maintain a ground water level sufficient to protect wetland
				vegetation through the use of weirs or performance equivalent structures or
				systems and as feasible, the flows in such works shall be released to natural
				retention filtration and flow areas.
(3) Transportation facility construction
				sites shall provide for siltation and runoff control through the use of
				settling ponds, soil fixing or performance equivalent structures or
				systems.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.08, 27F-3.08,
					 27F-3.008.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.009 - Structure Installation

Current through Reg. 50, No. 138; July 16, 2024
(1) Placement
				of structures shall be accomplished in a manner that will not adversely affect
				surface water flow or tidal action.
(2) Minimum lowest floor elevation permitted
				for structures shall be at or above the 100 year flood level, as established by
				the Administrator of the Federal Flood Insurance Administration. The
				construction of any structure shall meet additional Federal Flood Insurance
				Land Management and Use Criteria (  24 CFR 1910), as administered by the
				appropriate local agency.
(3) This
				rule shall not apply to structures used or intended for use in connection with
				the agricultural use of the land.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.09, 27F-3.09,
					 27F-3.009.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.011 - Variances

Current through Reg. 50, No. 138; July 16, 2024
Variance procedures provided in local ordinances shall apply
				  to the Area of Critical State Concern. However, in addition to the standards
				  provided in such ordinances, no variance shall be granted for any development
				  within the Critical Area unless such development is designed, consistent with
				  Critical Area regulations, to have minimum adverse impact on the Area's water
				  storage capacity, surface water and estuarine fisheries. The applicant shall
				  have the affirmative burden of establishing that the development will not have
				  an adverse impact on such resources.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.11, 27F-3.11,
					 27F-3.011.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.012 - Appeals

Current through Reg. 50, No. 138; July 16, 2024
Appeals from a local government's decision on development
				  orders in the Area of Critical State Concern shall be made to the Florida Land
				  and Water Adjudicatory Commission by filing a notice of appeal with the
				  Commission in accordance with Section   380.07, F.S.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.12, 27F-3.12,
					 27F-3.012.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.013 - Relation to Local Codes

Current through Reg. 50, No. 138; July 16, 2024
In case of a conflict between Big Cypress Critical Area
				  regulations and other regulations which are a proper exercise of authority of a
				  governmental jurisdiction, the more restrictive of the provisions shall
				  govern.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.13, 27F-3.13,
					 27F-3.013.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.014 - Local Plans and Code Conformity

Current through Reg. 50, No. 138; July 16, 2024
Comprehensive plans, comprehensive plan elements, and
				  functional plans and development codes affecting the Critical Area shall
				  support the achievement of the Big Cypress Critical Area objectives and
				  regulations.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.14, 27F-3.14,
					 27F-3.014.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-25 - LAND PLANNING - PART III BOUNDARY AND REGULATIONS FOR BIG CYPRESS AREA OF CRITICAL STATE CONCERN › Section 28-25.016 - Severability

Current through Reg. 50, No. 138; July 16, 2024
If any one or more of the provisions of these regulations or
				  the application of such provisions to any situation, circumstance or person
				  shall for any reason be held invalid, such invalidity shall not affect any
				  other provision of these regulations or the application of such regulations to
				  any other situation, circumstance or person.
Rulemaking Authority  380.05 FS. Law Implemented  380.055 FS.
New 11-28-73, Formerly 22F-3.16, 27F-3.16,
					 27F-3.016.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-26 - LAND PLANNING - PART V BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN › Section 28-26.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 7, Article II, of the Florida
				  Constitution, and Section   380.05, F.S., it is the purpose of these rules to
				  define the boundary of the Green Swamp Area of Critical State Concern and to
				  provide principles for guiding development within the critical area in order to
				  conserve and protect the natural environmental and economic resources and
				  public facilities within the Green Swamp Critical Area and ecologically linked
				  areas.
Rulemaking Authority  380.05(1)  FS. Law Implemented  380.05 FS.
New 7-25-74, Formerly 22F-5.01, 27F-5.01,
					 27F-5.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-26 - LAND PLANNING - PART V BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN › Section 28-26.004 - Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) All land-development regulations adopted
				pursuant to these guidelines should be administered by the local
				government.
(2) To the extent
				possible, local regulations, as required by Section   380.05(5), F.S., should be
				performance oriented, and should differentiate between the natural development
				suitability of the wetlands, flatwoods and uplands.
Rulemaking Authority  380.05(1)  FS. Law Implemented  380.05 FS.
New 7-25-74, Formerly 22F-5.04, 27F-5.04,
					 27F-5.004.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.001 - Short Title

Current through Reg. 50, No. 138; July 16, 2024
This chapter shall be known as the Polk County Green Swamp
				  Development Code.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.01, 27F-6.01,
					 27F-6.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.002 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 7, Article II, of the Florida
				  Constitution and Section   380.05, F.S., it is the purpose of these regulations
				  to conserve and protect the environmental and economic resources of the Green
				  Swamp Area of Critical State concern and to provide a land and water management
				  system to protect such resources and facilitate orderly and well planned
				  growth. To effectively and equitably accomplish such purposes, these
				  regulations should be implemented by the local government through existing
				  administrative procedures and pursuant to Chapter 28-26, F.A.C., to achieve the
				  following objectives:
(1) Minimize the
				adverse impacts of development on resources of the Floridan Aquifer, wetlands
				and flood-detention areas.
(2)
				Protect the normal quantity, quality and flow of ground water and surface water
				which are necessary for the protection of resources of state and regional
				concern.
(3) Protect the water
				available for aquifer recharge.
(4)
				Protect the functions of the Green Swamp Potentiometric High of the Floridan
				Aquifer.
(5) Protect the normal
				supply of ground and surface water.
(6) Prevent further salt-water intrusion into
				the Floridan Aquifer.
(7) Protect
				or improve existing ground and surface-water quality.
(8) Protect the water-retention capabilities
				of wetlands.
(9) Protect the
				biological-filtering capabilities of wetlands.
(10) Protect the natural flow regime of
				drainage basins.
(11) Protect the
				design capacity of flood-detention areas and the water-management objectives of
				these areas through the maintenance of hydrological characteristics of drainage
				basins.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.02, 27F-6.02,
					 27F-6.002.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.003 - Agricultural Exemption

Current through Reg. 50, No. 138; July 16, 2024
The use of any land for the purpose of growing plants, crops,
				  trees, and other agricultural or forestry products; raising livestock; or for
				  other purposes directly related to all such uses are exempt from these
				  regulations, for example, but not limited to, wells, access roads, utilities,
				  and utility lines. Lands lying fallow are deemed to be used for agricultural
				  purposes. However, whenever any person carries out any activity defined herein,
				  as development or applies for a development permit, as defined herein, to
				  develop exempted land, these regulations shall apply to such application and to
				  such land.
Rulemaking Authority  380.05 FS. Law Implemented  380.05 FS.
New 7-20-75, Formerly 22F-6.03, 27F-6.03,
					 27F-6.003.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.004 - Vested Rights in Property

Current through Reg. 50, No. 138; July 16, 2024
Where vested rights in property exist pursuant to Section
				    380.05(18), F.S., these regulations shall not abridge them. Any person whose
				  rights may have vested pursuant to Section   380.05(18), F.S., may seek a
				  determination from the local government having jurisdiction over development or
				  the state land planning agency. Request for vested rights determination from
				  the state land planning agency shall be submitted as a petition for a
				  declaratory statement pursuant to Section   120.565, F.S., and upon a form as
				  prescribed by the agency.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.04, 27F-6.04,
					 27F-6.004.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.005 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Administration commission" or
				"commission" means the Governor and the Cabinet, and for purposes of this
				chapter, the commission shall act on a simple majority.
(2) "Aquifer" means an underground formation,
				or group of formations, or part of a formation, that is permeable enough to
				transmit and store usable quantities of water.
(3) "Artesian Aquifer" means an aquifer that
				contains artesian water.
(4)
				"Artesian Water" means ground water that is under sufficient pressure to rise
				above the level at which it is encountered by a well, but which does not
				necessarily rise to or above the surface of the ground.
(5) "Board" means the Polk County Board of
				County Commissioners.
(6)
				"Development, " see definition (46).
(7) "Development order" means any order
				granting, denying, or granting with conditions an application for a development
				permit.
(8) A "development permit"
				includes any building permit, zoning permit, plat approval, or rezoning,
				certification, variance, or other action having the effect of permitting
				development as defined in this chapter.
(9) "Developer" means any person, including a
				governmental agency, undertaking any development as defined in this
				chapter.
(10) "Discharge" means the
				outflow of water from a site, aquifer, or drainage basin.
(11) "Drainage Facilities" means any canal,
				ditch, culvert, dike or other facility which lowers the surface or ground water
				table, acts as a conduit, diverts or directs the flow of water or otherwise
				affects the natural flow regime.
(12) "Effective Precipitation" means that
				part of the precipitation (rainfall) which contributes to direct surface
				runoff.
(13) "Flood Frequency"
				means the statistically determined average for how often a specific flood level
				of discharge may be equaled or exceeded.
(14) "Floridan Aquifer" means the aquifer
				which consists of a series of limestone formations which range from middle
				Eocene to Miocene in age and that underlies most of Florida and is a major
				source of ground water for the state.
(15) "Governmental agency" means:
(a) The United States or any department,
				commission, agency, or other instrumentality thereof;
(b) This state or any department, commission,
				agency, or other instrumentality thereof;
(c) Any local government, as defined in this
				chapter, or any department, commission, agency, or other instrumentality
				thereof;
(d) Any school board or
				other special district, authority, or other governmental
				entity.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.006 - Boundary

Current through Reg. 50, No. 138; July 16, 2024
These rules shall apply to the Polk County portion of the
				  Green Swamp Area of Critical State Concern as designated by Rule   28-26.002,
				  F.A.C.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.06, 27F-6.06,
					 27F-6.006.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.007 - Applicability

Current through Reg. 50, No. 138; July 16, 2024
The regulations set forth in this Code shall only apply to
				  that portion of Polk County within the Green Swamp Area of Critical State
				  Concern. These regulations shall be construed as being supplementary and
				  complementary to the regulations imposed on the same lands by Polk County or
				  any other governmental jurisdiction.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.07, 27F-6.07,
					 27F-6.007.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.009 - Permit Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				development as defined herein undertaken in the Green Swamp Area of Critical
				State Concern shall require a development permit. Development permits for any
				change in zoning, plat approvals or vacancies shall be issued in the form of a
				development order as defined in these regulations. An application for a
				development permit shall be submitted to the Polk County Planning Department,
				or the Polk County Building and Zoning Codes Department, whichever shall be
				designated by the Board, together with any reasonable fee set by the
				Board.
(2) Prior to issuance of any
				development permit, an applicant shall submit a development plan to the county
				agency designated by the Board pursuant to subsection (1) of this rule. The
				development plan shall affirmatively demonstrate that the proposed development
				meets or exceeds the requirements of this code. No permit shall be issued until
				the requirements of this code are met. The development plan shall include the
				description and scope of the proposed project in report form. The development
				plan shall include, but not be limited to, the following documents and
				information:
(a) A certified survey of the
				site showing topography in no more than one (1) foot contours in the wetlands
				and the pine flatwoods and two (2) foot contours in the uplands by a land
				surveyor registered in the State of Florida.
(b) A soil analysis prepared by a registered
				professional engineer or the U.S. Soil Conservation Service which will be
				detailed and accurate enough to allow for the soils determination required in
				paragraph   28-27.008(4)(a), F.A.C., of this code.
(c) A statement by a registered professional
				engineer indicating expected changes in surface and ground water quality
				discharge, and artesian aquifer recharge characteristics of the site before,
				during, and after development and specifying any measures necessary to
				approximate existing quality and quantity in surface and ground
				waters.
(d) A vegetation map of the
				site.
(e) A development
				implementation schedule.
(f) A site
				plan indicating any proposed alteration or development.
(g) A Impact Assessment Statement as required
				by zoning change procedures.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.010 - Minimum Requirements

Current through Reg. 50, No. 138; July 16, 2024
The provisions of this Code shall be considered to be minimum
				  requirements for the protection and promotion of the public health, safety, or
				  general welfare. Whenever the requirements of this code are at variance with
				  the requirements of any other rules, regulations or codes, which are a proper
				  exercise of authority of a governmental jurisdiction, the more restrictive
				  standards shall govern.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.10, 27F-6.10,
					 27F-6.010.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.011 - Appeals and Notification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.11, 27F-6.11, 27F-6.011,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.012 - Variances

Current through Reg. 50, No. 138; July 16, 2024
Variance procedures provided in local ordinances shall apply
				  to the Green Swamp Area of Critical State Concern. However, in addition to the
				  standards provided in such ordinances, no variance shall be granted for any
				  development within the critical area unless such development is designed
				  consistent with critical area regulations to have minimum adverse impact on the
				  area's water storage capacity, surface water flow and wetlands. The applicant
				  shall have the affirmative burden of establishing that the development will
				  have a minimum adverse impact on such resources.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.12, 27F-6.12,
					 27F-6.012.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.013 - Amendments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.13, 27F-6.13, 27F-6.013,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.014 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.14, 27F-6.14, 27F-6.014,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-27 - LAND PLANNING - PART VI BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - POLK COUNTY › Section 28-27.015 - Severability

Current through Reg. 50, No. 138; July 16, 2024
If any one or more of the provisions of these regulations or
				  the application of such provisions to any situation, circumstance or person
				  shall for any reason be held invalid, such invalidity shall not affect any
				  other provision of these regulations or the application of such regulations to
				  any other situation, circumstance or person.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-6.15, 27F-6.15,
					 27F-6.015.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.001 - Short Title

Current through Reg. 50, No. 138; July 16, 2024
This chapter shall be known as the Lake County Green Swamp
				  Development Code.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.01, 27F-7.01,
					 27F-7.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.002 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 7, Article II, of the Florida
				  Constitution and Section   380.05, F.S., it is the purpose of these regulations
				  to conserve and protect the environmental and economic resources of the Green
				  Swamp Area of Critical State Concern, and to provide a land and water
				  management system to protect such resources and to facilitate orderly and
				  well-planned growth. To effectively and equitably accomplish such purposes,
				  these regulations should be implemented by the local government through
				  existing administrative procedures, and pursuant to Chapter 28-26, F.A.C.,
				  achieve the following objectives:
(1)
				Minimize the adverse impacts of development on resources of the Floridan
				Aquifer, wetlands and flood-detention areas.
(2) Protect the normal quantity, quality and
				flow of ground water and surface water which are necessary for the protection
				of resources of state and regional concern.
(3) Protect the water available for aquifer
				recharge.
(4) Protect the functions
				of the Green Swamp Potentiometric High of the Floridan Aquifer.
(5) Protect the normal supply of ground and
				surface water.
(6) Prevent further
				salt-water intrusion into the Floridan Aquifer.
(7) Protect or improve existing ground and
				surface water quality.
(8) Protect
				the water-retention capabilities of wetlands.
(9) Protect the biological-filtering
				capabilities of wetlands.
(10)
				Protect the natural flow regime of drainage basins.
(11) Protect the design capacity of
				flood-detention areas and the water-management objectives of these areas
				through the maintenance of hydrologic characteristics of drainage
				basins.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.02, 27F-7.02,
					 27F-7.002.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.003 - Agricultural Exemption

Current through Reg. 50, No. 138; July 16, 2024
The use of any land for the purpose of growing plants, crops,
				  trees, and other agricultural or forestry products; raising livestock; or for
				  other purposes directly related to all such uses are exempt from these
				  regulations, for example, but not limited to, wells, access roads, utilities,
				  and utility lines. Lands lying fallow are deemed to be used for agricultural
				  purposes. However, whenever any person carries out any activity defined herein,
				  as development or applies for a development permit, as defined herein, to
				  develop exempted land, these regulations shall apply to such application and to
				  such land.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.03, 27F-7.03,
					 27F-7.003.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.004 - Vested Rights in Property

Current through Reg. 50, No. 138; July 16, 2024
Where vested rights in property exist pursuant to Section
				    380.05(18), F.S., these regulations shall not abridge them. Any person whose
				  rights may have vested pursuant to Section   380.05(18), F.S., may seek a
				  determination from the local government having jurisdiction over development or
				  from the state land planning agency. Request for vested rights determination
				  from the agency shall be submitted as a petition for a declaratory statement
				  pursuant to Section   120.565, F.S., and upon a form as prescribed by the
				  agency.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.04, 27F-7.04,
					 27F-7.004.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.005 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Administration Commission" or
				"Commission" means the Governor and the Cabinet, and for purposes of this
				chapter the Commission shall act on a simple majority.
(2) "Aquifer" means an underground formation
				or group of formations that are permeable enough to transmit and store usable
				quantities of water.
(3) "Artesian
				Aquifer" means an aquifer in which water is confined so that its surface is not
				free to rise.
(4) "Artesian Water"
				means ground water that is under sufficient pressure to rise above the level at
				which it is encountered by a well, but which does not necessarily rise to or
				above the surface of the ground.
(5) "Development, " see definition
				(44).
(6) "Development Order" means
				any order granting, denying, or granting with conditions an application for a
				development permit.
(7) A
				"Development Permit" includes any building permit, zoning permit, plat
				approval, or rezoning, certification, variance, or other action having the
				effect of permitting development as defined in this chapter.
(8) "Developer" means any person, including a
				governmental agency, undertaking any development as defined in this
				chapter.
(9) "Discharge" means the
				outflow of water from a site, aquifer, or drainage basin.
(10) "Drainage Basin" means a drainage system
				consisting of surface streams or bodies of impounded surface water together
				with all tributary surface streams and bodies of impounded water.
(11) "Drainage Facilities" means any canal,
				ditch, culvert, dike or other facility which lowers the surface or ground water
				table, acts as a conduit, diverts or directs the flow of water or otherwise
				affects the natural flow regime.
(12) "Effective Precipitation" means that
				part of the precipitation (rainfall) which contributes to direct surface
				runoff.
(13) "Flood or Flooding"
				means a temporary rise in water levels that results in inundation of normally
				dry land areas from the overflow of streams or other inland waters or from a
				rise in coastal waters.
(14)
				"Flood-Prone Area" means any area which lies at or below the water surface
				elevation of the "regulatory flood level."
(15) "Floridan Aquifer" means the aquifer
				which consists of a series of limestone formations which range from middle
				Eocene to Miocene in age and which underlies most of Florida and is a major
				source of ground water for the state.
(16) "Governmental Agency" means:
(a) The United States or any department,
				commission, agency, or other instrumentality thereof;
(b) This state or any department, commission,
				agency, or other instrumentality thereof;
(c) Any local government as defined in this
				chapter, or any department, commission, agency, instrumentality
				thereof;
(d) Any school board or
				other special district, authority, or other governmental
				entity.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.006 - Boundary

Current through Reg. 50, No. 138; July 16, 2024
These regulations shall apply to the Lake County portion of
				  the Green Swamp Area of Critical State Concern as designated by Rule   28-26.002,
				  F.A.C.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.06, 27F-7.06,
					 27F-7.006.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.007 - Master Land Use Plan

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				development as defined in Section   380.04, F.S., undertaken in the Lake County
				portion of the Green Swamp Area of Critical State Concern shall require a
				development permit. Development permits for any change in zoning, plat
				approval, variances to these regulations, and conditional use shall be issued
				in the form of development order as defined in Section   380.031, F.S.
(2) The applicant for a development permit
				shall submit, at least ten (10) working days prior to issuance of said permit,
				a Master Land Use Plan as defined herein. The applicant for a development
				permit shall have the affirmative burden of establishing that the proposed
				project and supporting data shall meet the requirements and objectives of this
				code.
(3) Master Land Use Plan
				Requirements. For all applicants for permits, except those exempted herein, a
				Master Land Use Plan shall be required. The Master Land Use Plan shall include,
				but not be limited to, the following:
(a) A
				description of the scope of the proposed development which shall include:
1. The planning and engineering
				considerations to be used in achieving the objectives of this code.
2. The number of dwelling units, the total
				lot coverage, and the percentage of open space to be preserved.
3. An implementation and phasing
				schedule.
4. A concept site
				plan.
5. A site restoration
				plan.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.008 - Performance Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				development in flood prone areas shall meet the following standards:
(a) Structures that are built in a flood
				prone area shall have a minimum basement or first floor level of 12 inches
				above the regulatory flood level.
(b) Development shall not adversely affect
				the natural flow regime or reduce the recharge capabilities of the
				area.
(c) All development shall be
				consistent with sound flood plain management practices and comply with the
				Flood Disaster Act of 1973 (PL 93-234) and Federal Insurance regulations
				applicable in flood prone areas.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.009 - General Provisions

Current through Reg. 50, No. 138; July 16, 2024
A copy of any Master Land Use Plan submitted in support of a
				  request for zoning, plat approval, and conditional use permit, pursuant to the
				  requirements of Rule   28-28.007, F.A.C., of this code, shall be sent to the
				  state land planning agency, within three (3) working days of the issuance of
				  the development order.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.09, 27F-7.09,
					 27F-7.009.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.010 - Minimum Requirements

Current through Reg. 50, No. 138; July 16, 2024
The provisions of this Code shall be considered to be minimum
				  requirements for the protection and promotion of the public health, safety,
				  morals and general welfare. Whenever the requirements of this code are at
				  variance with the requirements of any other rules, regulations, or codes, which
				  are a proper exercise of authority of a governmental jurisdiction, the more
				  restrictive standards shall govern.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.10, 27F-7.10,
					 27F-7.010.