Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES › Section 40D-22.101 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this chapter:
(1) "Address" means the numeric or
				alphanumeric designation assigned to a house, building or plot of land by the
				U.S. Postal Service or, if none, by the local government, that, together with
				the street name, describes the physical location of a specific property. This
				includes "rural route" numbers but excludes post office box numbers. If a lot
				number in a mobile home park or similar community is used by the U.S. Postal
				Service to determine a delivery location, the lot number shall be the
				property's address. If a lot number in a mobile home park or similar
				residential community is not used by the U.S. Postal Service (e.g., the park
				manager sorts incoming mail delivered to the community's address), then the
				community's main address shall be the property's address, unless otherwise
				designated by the local government.
(2) "Agriculture" shall mean as that term is
				defined in Section  570.02(1), F.S.
				Plant nurseries and Turfgrass production ("sod farming") are agriculture. The
				care of new or Existing Lawns, non-edible Landscapes, Cemeteries, Golf Courses
				and Athletic Play Areas are not classified as Agriculture for the purpose of
				this chapter.
(3) "Athletic Play
				Area" means all golf course fairways, tees, and greens, and other athletic play
				surfaces including, but not limited to, football, baseball, soccer, polo,
				tennis and lawn bowling fields, and rodeo, equestrian and livestock arenas. A
				turfgrass area in a public park, when used for a festival or other scheduled
				event that includes heavy foot traffic, is also considered an athletic play
				area for a period ending two weeks after the event.
(4) "Cemetery" means a place dedicated to and
				used or intended to be used for the permanent interment of human or pet
				remains. A Cemetery may contain land or earth interment; mausoleum, vault, or
				crypt interment; a columbarium, ossuary, scattering garden, or other structure
				or place used or intended to be used for the interment or disposition of
				cremated human or pet remains; or any combination of one or more of such
				structures or places.
(5) "Core
				Aerification" means the process of mechanically removing cores or plugs of soil
				to relieve soil compaction and allowing oxygen, water and nutrients to enter
				the ground.
(6) "Domestic Use"
				shall mean as that term is defined in Section
				 373.019(6),
				F.S. All other uses shall not be considered Domestic.
(7) "Driving Range" is the turfgrass at a
				practice or instructional facility that provides a simulated golf fairway,
				simulated golf tee and simulated golf green. The simulated golf green
				associated with a simulated golf fairway is primarily a visual target instead
				of a regulated play surface, and so does not receive the foot traffic and
				related turfgrass damage normally associated with an actual golf
				green.
(8) "Even Numbered Address"
				means an Address, ending in the numbers 0, 2, 4, 6, 8 or the letters
				A-M.
(9) "Existing" means any Lawn
				or Landscape, or portion thereof, which has been in existence in the same
				location for a period of 60 days or more.
(10) "Frost/Freeze" or "Heat Stress" means
				the symptoms caused to plants or crops by extreme cold or hot weather unless an
				irrigation event occurs; for example, permanent wilt damage, yield reductions
				and/or plant death.
(11) "Golf
				Course" means an area of land laid out for the express purpose of playing golf,
				including all greens, tees, fairways, and roughs.
(12) "Hand Watering" means watering plants or
				crops with one hand held hose, fitted with a self-canceling or automatic
				shutoff nozzle, or a watering can or pail.
(13) "Irrigation" means the application of
				water to plants for the purpose of sustaining plant life, promoting plant
				growth or to facilitate crop production.
(14) "Landscape" means a section of ground
				adorned or improved by flowering plants (whether annual or perennial), vines,
				shrubs, palms, trees, ferns, ornamental grasses and groundcover other than
				Lawn.
(15) "Landscape Use" means
				the application of water to Lawns and associated Landscape surrounding homes,
				commercial or industrial buildings, government or other non-commercial
				buildings, parks, recreational areas, Cemeteries, non-play areas of Golf
				Courses, public and private right-of-ways and medians but excluding Athletic
				Play Areas.
(16) "Lawn" means a
				plot of Turfgrass, usually tended or mowed, surrounding homes, commercial or
				industrial buildings, government or other non-commercial buildings, parks,
				recreational areas, Cemeteries, and public or private right-of-ways and
				medians, but excludes Athletic Play Areas, whether such areas are free-standing
				or within a park or other setting.
(17) "Low-Volume Irrigation" means the use of
				Hand Watering, Micro-irrigation or other equipment and devices specifically
				designed to allow the volume of water delivered to be limited to a level
				consistent with the water requirement of the plant being irrigated and designed
				to allow that water to be placed with a high degree of efficiency within the
				root zone of the plant.
(18)
				"Micro-irrigation" means any Irrigation device that distributes water near or
				within the root zone through low flow rate and emitters. Examples of
				Micro-irrigation devices include drip, line source, microspray, microsprinkler,
				bubbler and similar types of systems. The term specifically includes
				propagation mist heads, capillary mats and soaker hoses. The term also includes
				water use in Mist Houses and similar establishments for plant propagation and
				production, but excludes any form of turf irrigation other than in a sod
				production ("turf farming") setting.
(19) "New Plant Material" means any Lawn or
				Landscape, or portion thereof, which has been in existence in the same location
				for less than 60 days.
(20) "Odd
				Numbered Address" means an Address ending in the numbers 1, 3, 5, 7, 9 or the
				letters N-Z.
(21) "Reclaimed Water"
				shall mean as that term is defined in Section
				 373.019(17),
				F.S.
(22) "Spot Treatment" is the
				Hand Watering of isolated areas of Turfgrass or other plant material, such as
				golf course greens, in order to efficiently deliver water needed to provide
				uniform moisture content as a water-conserving means of compensating for
				differences in sun exposure, sprinkler coverage, and other site-specific
				factors.
(23) "Sprigged turf area"
				means a turf area being established vegetatively by placing Sprigs in furrows
				or small holes.
(24) "Sprigs" means
				individual stems of grass with one to four nodes (joints) from which roots can
				develop. Sprigs may also be called runners, rhizomes, or stolons. Sprigs are a
				means of vegetative propagation that is sometimes used to produce Golf Course
				greens, Golf Course fairways, other Athletic Play Areas, and Lawns.
(25) "Syringing" is the watering of turfgrass
				or other plant material in order to lower the air temperature around the leaf
				surfaces, generally involving the use of Hand Watering or "fogging" irrigation
				equipment, for the purpose of cooling off the leaf tissue, not to wet the
				soil.
(26) "Turfgrass" means a
				dense growth of grass (any of numerous plants of the botanical family
				Gramineae) being used as a ground cover to provide one or more of the following
				benefits: erosion control, dust reduction, beautification, or as a playing
				surface for sports or recreation.
(27) "User" means any person, individual,
				firm, association, organization, partnership, business trust, corporation,
				company, agent, employee or other legal entity, the United States of America,
				and the State and all political subdivisions, regions, districts,
				municipalities, and public agencies thereof, which directly or indirectly takes
				water from the water resource, including but not limited to uses from
				groundwater wells and private or public utility systems.
(28) "Vertical Mowing" means a form of thatch
				removal involving the use of special equipment that makes multiple vertical
				cuts into the Lawn or other turfgrass. Vertical Mowing may also be referred to
				as verticutting.
(29) "Water" or
				"waters in the District" shall mean as that term is defined in Section
				 373.019(22),
				F.S.
(30) "Water shortage" shall
				mean as that term is defined in subsection
				 40D-21.051(28),
				F.A.C.
(31) "Water shortage
				emergency" shall mean as that term is defined in subsection
				 40D-21.051(29),
				F.A.C.
(32) "Water Use Permit"
				shall mean as that term is defined in subsection
				 40D-2.021(15),
				F.A.C..
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.171,
					 373.219
					 FS.
New 3-15-92, Amended 9-15-03, 12-7-10,
					 5-13-14.