Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The term "above ground facilities" when
				used in these rules is intended to mean any and all physical improvements or
				uses, whether man-made or natural (e.g. vegetation), that are extended above
				the existing surface of the ground.
(2) The term "change of ownership" when used
				in these rules is intended to mean the sale, purchase, or transfer of
				beneficial ownership of property adjacent to the District's right of way
				relative to a right of way occupancy permit; or in the case of utilities,
				bridges, or other such public facilities, the sale, purchase, or transfer of
				responsibility.
(3) The term
				"easement" when used in these rules is intended to mean the District's legal
				interest in the land for a specific limited use, such as access, construction,
				operation and maintenance of a canal or levee, access, stock piling of spoil
				material, or flowage of the land of another.
(4) The term "fee" ownership when used in
				these rules is intended to mean absolute and unconditional ownership by the
				District.
(5) The term "financial
				assurances" when used in these rules is intended to mean a cash bond to be held
				by the District in a non-interest bearing account, a performance bond issued by
				a licensed bonding company, a letter of credit issued by a financial
				institution authorized to do business in the State of Florida, or other such
				instrument approved by the District.
(6) The term "marina" when used in these
				rules is intended to mean a docking facility for four (4) or more
				watercraft.
(7) The term
				"modification" when used in these rules is intended to mean the addition or
				deletion of any facilities or uses not specifically authorized by the original
				permit.
(8) The term "notice
				general permit" when used in these rules is intended to mean a revocable
				license to occupy the works or lands of the District for specific types of
				uses, with limited review by District staff, as set forth herein, and not
				requiring Governing Board approval.
(9) The term "owner" when used in these rules
				is intended to mean the individual or entity legally responsible for the
				ownership and control of the facility or authorized use.
(10) The term "permit transfer" when used in
				these rules is intended to mean the changing of responsibility for the permit
				authorization from one person or entity to another.
(11) The term "public works project" when
				used in these rules is intended to mean projects such as bridges, roads,
				utilities, and parks.
(12) The term
				"right of way" when used in these rules is intended to mean those lands
				acquired by the District in fee, easement, or other type of grant, for the
				purpose of construction, operations and maintenance of works of the District
				including, but not limited to, canals, levees, water control structures, spoil
				areas, Stormwater Treatment Areas (STAs), and access roads.
(13) The term "right of way occupancy permit"
				when used in these rules is intended to mean a revocable license to occupy the
				works or lands of the District, either by a notice general permit or a standard
				permit.
(14) The term "safety
				features" when used in these rules is intended to mean those
				appurtenances/facilities associated with public work projects such as signage,
				guardrails, bollards, signalization, handrails and lighting/security
				poles.
(15) The term "STA" when
				used in these rules is intended to mean the District's Everglades Nutrient
				Removal Project ("ENR"), as well as those areas currently, or in the future,
				designated by the District as Stormwater Treatment Area's.
(16) The term "staging area" when used in
				these rules is intended to mean that portion of land, 100' in length, for the
				entire width of the District's right of way, located on the upstream and
				downstream sides of all bridge and pile-supported utility crossings.
(17) The term "standard permit" when used in
				these rules is intended to mean a revocable license to occupy the works or
				lands of the District for all uses not covered by a notice general permit, with
				a full review by District staff, as set forth herein, and requiring Governing
				Board approval.
(18) The term "top
				of bank" when used in these rules is intended to mean the point at which the
				flat or nearly level ground surface transitions down to the channel along the
				side slope of the canal bank.
(19)
				The term "tree" when used in these rules is intended to mean not only the trunk
				of the tree, but the farthest part of the canopy of the tree at maturity as
				well.
(20) The term "utility" when
				used herein means entities providing water, electric, telephone, fiber
				optic/cable, sewer, or natural gas services.
(21) The term "violator" when used in these
				rules is intended to mean any persons or entities acting contrary to the
				provisions of Chapter 373, F.S., these rules, as well as the provisions of any
				permit issued pursuant to these rules.
(22) The term "works of the District" when
				used in these rules is intended to mean the canals, levees, structures, lands,
				water bodies, and other associated facilities which have been adopted as such
				by the District's Governing Board.
(23) The term "Zone 1" when used in these
				rules is intended to mean the canal channel from the top of bank to the
				opposite top of bank, as depicted in subsection
				 40E-6.011(7),
				F.A.C.
(24) The term "Zone 2" when
				used in these rules is intended to mean the point on the right of way from the
				top of bank to a point five (5) feet landward, as depicted in subsection
				 40E-6.011(7),
				F.A.C.
(25) The term "Zone 3" when
				used in these rules is intended to mean the point on the right of way from a
				point five (5) feet landward from top of bank to a point twenty (20) feet
				landward, as depicted in subsection
				 40E-6.011(7),
				F.A.C.
(26) The term "Zone 4" when
				used in these rules is intended to mean the point on the right of way from a
				point twenty (20) feet landward from top of bank to a point forty (40) feet
				landward, as depicted in subsection
				 40E-6.011(7),
				F.A.C.
(27) The term "Zone 5" when
				used in these rules is intended to mean any right of way located farther than
				forty (40) feet from the top of bank, as depicted in subsection
				 40E-6.011(7),
				F.A.C.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.085,
					 373.086
					 FS.
New 9-15-99, Amended 7-12-06,
					 8-12-13.