Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-1 - GENERAL AND PROCEDURAL RULES › Section 40B-1.703 - Procedures for Consideration of Permit Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) General Permits.
(a) Section
				 373.118, F.S., authorizes the
				governing board to adopt rules establishing a general permit system for
				projects or categories of projects which have, either singly or cumulatively, a
				minimal adverse impact on water resources of the district. The governing board
				of the Suwannee River Water Management District has established a general
				permit system which authorizes the issuance of three categories of general
				permits - Noticed General Permits, General Permits, and General Permits by
				Rule. A specific reference to the procedures for issuance of these categories
				of general permits is included in each district rule which authorizes a Noticed
				General Permit, General Permit, and General Permits by Rule along with specific
				standards or conditions for issuance of such permits. When an activity does not
				qualify or conform to the conditions for issuance of general permits, an
				application for an individual permit or conceptual approval permit may be
				submitted to the district for consideration. No public notice by advertisement
				in a newspaper of general circulation in the affected area shall be required
				for general permits; however, public notice will be made by providing to any
				interested person a copy of any permit on file with the district and by posting
				at the district headquarters a current journal of all such permits
				issued.
(b) Noticed General Permits
				are a category of general permits for activities which have established
				standards and conditions for issuance of permits in district rules and which
				are considered by the governing board to have little or no potential for
				adverse impact to water resources of the district if those standards and
				conditions for issuance of permits are followed.
(c) General permits are reviewed, and agency
				action is initiated within 30 days of receipt of a completed and properly
				executed application, including any permit fees. Following investigation and
				review by District staff to insure the proposed activity qualifies for the
				specific general permit authorized by District rule and conforms to all
				conditions for issuance of the specific general permit, the general permit is
				issued by rule. In lieu of issuance of the general permit, the District will
				issue a notice of proposed agency action to deny the application and follow the
				procedures in Section
				 120.57, F.S., and Chapter 28,
				F.A.C., when investigation and review of the application by District staff
				reveals that the proposed activity does not qualify or conform to the
				conditions for issuance of the specific general permit authorized by District
				rule. If an application is received in an incomplete state, not properly
				executed or if additional information is required, the applicant shall be
				notified pursuant to the procedures in Section
				 120.60, F.S., and Chapter 28,
				F.A.C.
(d) General permits by rule,
				as defined in Rule  40B-2.041, F.A.C., are a
				category of general permits for activities which have established standards and
				conditions for issuance of permits in district rules. A permit application is
				not required for any use that meets the requirements of Rule
				 40B-2.041, F.A.C., and is
				thereby considered to be an existing legal use of water.