Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-6 - WORKS OR LANDS OF THE DISTRICT › Section 40E-6.221 - Conditions for Issuance of Standard Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The District has determined that certain
				uses shall be authorized under a standard permit when located in an authorized
				zone and when they comply with the criteria established in the Basis of Review,
				incorporated by reference in Rule
				 40E-6.091, F.A.C. These uses are
				set forth in the Permit Index Chart included in the Basis of Review.
(2) The District has determined that certain
				uses, not eligible for a notice general permit shall be authorized under a
				standard permit when located in an authorized zone and when they comply with
				the criteria established in the Criteria Manual, incorporated by reference in
				Rule  40E-6.091, F.A.C. These uses are
				set forth in the Permit Index Chart included in the Criteria Manual.
(3) In determining whether a permit should be
				issued, the District shall consider whether the activity unduly burdens the
				District's interests. In making this decision, the District shall weigh the
				following critical factors:
(a) Interferes
				with the present or future construction, alteration, operation or maintenance
				of the works or lands of the District;
(b) Is consistent with the policy and
				objectives of Chapter 373, F.S., including the legislative declaration of
				policy contained in Section
				 373.016, F.S.
(c) Has an actual or potential negative
				impact upon environmentally sensitive areas, which include: wetlands;
				endangered or threatened species habitat; aquatic preserves; Outstanding
				Florida Waters; Class I or Class II waters; federal, state and privately owned
				parks and wildlife management areas; designated areas of critical state
				concern; lands purchased by federal, state and local governments for the
				purpose of environmental protection, water resource protection and aesthetics;
				and lands which contain native terrestrial plant species in significant
				amounts. Environmentally sensitive areas include areas on and off-site that are
				affected by activities which occur on, or are initiated from, the works of the
				District;
(d) Degrades water
				quality within the receiving water body or fails to meet the provisions of
				Chapter 373, F.S., the state water policy, and Title 40E, F.A.C.;
(e) Involves a discharge of wastewater from a
				new wastewater source or an increased discharge from an existing wastewater
				source;
(f) Will discharge debris
				or aquatic weeds into works of the District or cause erosion or shoaling within
				the works of the District;
(g) Is
				supported by financial assurances, which will ensure that the proposed activity
				will be conducted in accordance with Chapter 373, F.S., and Chapter 40E-6,
				F.A.C.;
(h) Interferes with
				scientific activities;
(i) Presents
				an increased liability risk to the District;
(j) Meets the general and specific criteria
				in the Criteria Manual which is incorporated by reference in Rule
				 40E-6.091, F.A.C.;
(k) Interferes with actual or potential
				public use of the District's works or lands, including public recreational or
				other facilities not within the District's works;
(l) Meets applicable criteria in Chapter
				40E-61, F.A.C.
(m) The natures of
				the District's property interest.
(n) Any and all above-ground facilities
				located within the clear 40 foot wide right of way, as set forth in subsection
				 40E-6.011(4),
				F.A.C., or within the right of way at locations where the right of way is less
				than 40 feet wide, as measured from the top of the canal bank landward, are
				prohibited, except for:
1. Safety features
				associated with public works projects; and
2. Installations necessary to support
				District works, including but not limited to
				utilities.