Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40A - Northwest Florida Water Management District › Chapter 40A-1 - GENERAL AND PROCEDURAL RULES › Section 40A-1.203 - Permit Application Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Procedures for permit applications shall be in accordance with Chapter 120,
				F.S., and this chapter.
(2) For an
				agricultural or forestry surface water management permit pursuant to paragraphs
				 40A-44.041(2)(b) or
				(c), F.A.C., or an Individual Water Use
				Permit pursuant to Rule
				 40A-2.041, F.A.C., the District
				shall cause a notice thereof to be published in a newspaper having general
				circulation as defined in Chapter 50, F.S. or by any other manner allowed by
				Statute. In addition, the District shall provide a copy of the notice to any
				person who has filed a written request for notification of any pending
				applications affecting the particular designated area. Interested persons may
				object to or comment upon the proposed permit in writing by the date specified
				in the notice. The District will request persons submitting objections or
				comments to furnish additional information if substantiation or clarification
				is required. The District will provide the applicant with a copy of all
				objections and comments received.
(3) Publication of the notice of application
				pursuant to subsection (2) shall constitute constructive notice of the permit
				application to all substantially affected persons. Persons who wish to receive
				a Notice of Proposed Agency Action and the staff report regarding a permit
				application must file a request with the District by the date specified in the
				notice. Notices of Proposed Agency Action will be mailed only to persons who
				have filed such requests. Failure to timely request an administrative hearing
				pursuant to the directions contained in the Notice of Proposed Agency Action
				constitutes a waiver of the right to an administrative hearing on the
				application.
(4) Within 30 days
				after receipt of an application, the District shall notify the applicant if the
				application is incomplete and request the additional information required to
				make the application complete. The applicant shall have 90 days after the
				District mails a timely request for additional information to submit that
				information to the District. If an applicant requires more than 90 days in
				which to complete an application, the applicant may notify the District in
				writing of the circumstances and for good cause shown, the application shall be
				held in active status for one additional period of up to 90 days. Unless both
				the applicant and the District agree to further extensions, any application
				which has not been completed by the applicant within the given time period
				following a request for additional information by the District shall be
				recommended for denial at the next regularly scheduled Board meeting. For the
				purpose of this paragraph, good cause shall mean unforeseen circumstances
				outside of the control of the applicant. Denial of an application for lack of
				completeness is without prejudice to the applicant's right to file a new
				application on the same subject matter within 180 days without payment of an
				additional application fee.
(5) If
				additional information submitted to the District incorporates or results in
				material changes in the proposed activity for which the applicant seeks a
				permit, the application will be considered to have been amended and the
				proposal contained in the original application will be deemed withdrawn. The
				District shall have 60 days from the date of receipt of the additional
				information in which to approve or deny the amended application and such
				application shall be subject to review for completeness under subsection (4),
				above.
(6) The District shall
				notify the applicant of the date on which the application is declared complete.
				Within a reasonable time thereafter, the District shall prepare a staff report,
				which shall contain its recommendations regarding the subject application. A
				Notice of Proposed Agency Action and the staff report shall be furnished to the
				applicant and to those persons who have filed written requests pursuant to
				subsection (2). The Notice shall state the District's intention to recommend
				that the Board or its designee approve, approve with conditions, or deny the
				permit application and shall specify a date for filing a petition for
				administrative hearing which shall be not less than 21 days after the date of
				mailing of the Notice of Proposed Agency Action. Substantially affected persons
				shall have the right to request an administrative hearing under Section
				 120.569, F.S., and these rules
				by filing a petition for administrative hearing with the Agency Clerk by the
				date specified in the Notice of Proposed Agency Action.
(7) A petition for administrative hearing
				shall be deemed filed with the District on the date of receipt by the Agency
				Clerk and must be in substantial compliance with the provisions of Uniform
				Rules of Procedures. Failure to timely request an administrative hearing shall
				constitute a waiver of the right to an administrative hearing pursuant to
				Section  120.569, F.S.
(8) The District shall review the sufficiency
				of each petition for administrative hearing filed and provide a Statement of
				Compliance of the petition with the requirements of the Uniform Rules of
				Procedure to the Board and the petitioner.
(9) The Board shall consider the permit
				application on the date indicated in the Notice of Proposed Agency action. The
				permit applicant and other interested parties may appear before the Board to
				present informal argument in favor of or against the proposed agency action.
				Appearance before the Board pursuant to this subsection shall not provide a
				basis for appealing the decision of the Board pursuant to Chapter 120,
				F.S.
(10) The Board may approve,
				reject or modify the proposed agency action, which shallconstitute final agency
				action, except in those instances when a valid petition for administrative
				hearing has been timely filed. In such instances, if the dispute is not
				resolved at the Board meeting to the satisfaction of the petitioner, the Board
				shall defer final consideration of the matter pending the completion of the
				administrative hearing and the submission of a recommended order and exceptions
				to that order.
(11) Applicants and
				other interested parties not objecting to the Notice of Proposed Agency Action
				should nevertheless be prepared to defend their positions regarding the permit
				application when it is considered by the Board for final agency action. In the
				event the Board takes final agency action which differs materially from the
				proposed agency action, the District shall mail a Notice of Final Agency Action
				to all persons who received a Notice of Proposed Agency Action. Substantially
				affected persons who did not request an administrative hearing based upon the
				Notice of Proposed Agency Action shall have the right to request such a hearing
				on the final agency action under Section
				 120.57, F.S., and these rules in
				accordance with subsection (7).
(12) Applicants entitled to a hearing
				pursuant to Section  120.57(1),
				F.S., may waive their right to such a hearing and request an informal hearing
				before the Board pursuant to Section
				 120.57(2),
				F.S., which may be granted at the option of the District.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 120.60
					 FS.
New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00, 8-6-13,
					 4-15-14, 4-7-15.