reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.602 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
Unless expressly exempt by law or District rule, or
					 authorized pursuant to Section
					  403.814(12),
					 F.S., the following permits shall be obtained from the District prior to
					 commencement of the following activities:
(1) A water use permit (WUP) under Chapter
				  40D-2, F.A.C., must be obtained prior to the consumptive use of
				  water;
(2) A well construction
				  permit under Chapter 40D-3, F.A.C., must be obtained prior to the construction,
				  repair or abandonment of a well.
(3) An individual, or general permit under
				  Chapter 62-330, F.A.C., for activities occurring as of October 1, 2013, or a
				  permit under Chapter 40D-4 or 40D-40, F.A.C., for activity grandfathered under
				  the provisions of Section
				   373.4131(4),
				   373.414(11), (12)(a), (13), (14), (15), or
				  (16), F.S., must be obtained prior to
				  construction, alteration, abandonment, operation, or removal, of any surface
				  water or stormwater management system, dam, impoundment, reservoir, appurtenant
				  work or works, including dredging or filling, as prescribed by Chapter 62-330,
				  F.A.C., or District rules. An individual permit is required for the
				  establishment and operation of mitigation banks.
(4) A proprietary authorization is required
				  by Chapters 253 and 258, F.S., for activities which are located on state-owned
				  lands. Such authorization shall be reviewed by the District for activities
				  which also require an environmental resource permit (ERP) or exemption under
				  Chapter 62-330, 40D-4, or 40D-40, F.A.C., or a permit under Sections
				   373.414(11)-(16),
				  F.S., under section  373.427, F.S., Chapters 18-20
				  and 18-21 and Rules  62-312.065 and
				   62-343.075,
				  F.A.C.
Rulemaking Authority
						373.044,
						373.113,
						373.118,
						373.149,
						373.171,
						373.4136,
						373.414,
						373.418 FS. Law Implemented
						 373.106,
						 373.118,
						 373.171,
						 373.216,
						 373.219,
						 373.308,
						 373.323,
						 373.413,
						 373.4136,
						 373.414,
						 373.416,
						 373.418,
						 373.426,
						 380.06(9) 
						FS.
New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00,
						9-26-02, 6-5-05, 6-29-14, 2-18-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.603 - Permit Application Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Applications for environmental resource permits, notices, requests for
				  verification of exemption, petitions for formal determinations of wetland and
				  other surface waters and other determinations requested under Chapter 62-330,
				  F.A.C., shall be processed in accordance with Chapter 62-330, F.A.C., and
				  Environmental Resource Permit Applicant's Handbook Volumes I and II, and not in
				  accordance with this rule. For all other applications, a permit application
				  shall be:
(a) Filed with the District on the
				  appropriate form or forms incorporated by reference in the applicable rule,
				  with all application blanks filled in and containing signatures as required for
				  each form;
(b) Accompanied by the
				  required number of copies at the time of submittal, as specified in the
				  appropriate rule; and
(c)
				  Accompanied by the appropriate fee as set forth in Rule
				   40D-1.607, F.A.C.
(d) Any requirement to submit multiple copies
				  of an application shall not apply when the complete application package is
				  submitted electronically through the District's electronic permitting
				  process.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.6031 - Authority to Transact Business

Current through Reg. 50, No. 138; July 16, 2024
A foreign for-profit or not-for-profit corporation, foreign
					 limited liability company, or foreign partnership must have the authority to
					 transact business in the State of Florida pursuant to Chapters 607, 608, 617
					 and 620, F.S., prior to obtaining a permit pursuant to Chapters 40D-2, 40D-3,
					 40D-4, 40D-40, 40D-400 and 62-330, F.A.C.
Rulemaking Authority
						373.044,
						373.113,
						373.118 FS. Law Implemented
						373.129,
						373.136
						FS.
New 6-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.604 - Bonds (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.149,
						373.171 FS. Law Implemented
						 373.079(4)(a),
						 373.083(5),
						 373.085,
						 373.413,
						 373.416 FS.
Readopted 10-5-74, Formerly 16J-0.13, 40D-1.391,
						40D-1.1900, Amended, 6-5-05, 11-2-09, Repealed
						6-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.605 - Content of Application (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.149,
						373.149,
						373.171 FS. Law Implemented
						373.085, 373.106, 373.116, 373.216, 373.229, 373.246, 373.249, 373.413, 373,
						414,  373.416 FS.
New 10-5-74, Amended 10-24-76, Formerly 16J-0.10,
						16J-0.11, Amended 10-1-84, Formerly 40D-0.101, Amended 12-22-94, Repealed
						9-1-09.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.608 - Permit Fee Reduction for Certain Counties, Municipalities, and Other Authorized Entities

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit
				  applicant requesting a permit fee reduction pursuant to Section
				   218.075, F.S., shall submit, at
				  the time of application for a permit, documentation that the population
				  requirements of the statute have been met and:
(a) Certification by the governing body of an
				  entity authorized to request a fee reduction, as required by Section
				   218.075, F.S., that the cost of
				  a permit processing fee constitutes a fiscal hardship; or,
(b) Documentation demonstrating the
				  environmental need for the proposed project or activity.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.6105 - Limiting Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) All permits
				  issued pursuant to these rules are contingent upon the continued ownership,
				  lease, or other legal control of property rights in underlying, overlying, or
				  adjacent lands, or the power to acquire such property rights through eminent
				  domain.
(2) A permit may be
				  assigned to a subsequent owner subject to all terms and conditions contained in
				  such permit upon notification in writing to the District of such assignment,
				  provided ownership, lease, or other control of all such lands is conveyed to
				  the assignee and further provided that the assignee, by accepting such
				  assignment, does assume responsibility for complying with all such terms and
				  conditions. To assign an environmental resource permit issued prior to October
				  1, 2013, a subsequent owner must submit a Notification and Request for Transfer
				  of Environmental Resource Permit Form, incorporated by reference in subsection
				   40D-4.351(1),
				  F.A.C. To assign a water use permit, a subsequent owner must submit an
				  Application to Transfer a Water Use Permit Form, incorporated by reference in
				  subsection  40D-2.351(1),
				  F.A.C. The assignee must also include the signature of the permittee(s) or a
				  copy of the legally recorded deed(s) to all of the land covered by the permit.
				  Copies of these forms may be obtained from the District's website at
www.watermatters.org
or from the
				  District offices.
(3) If only a
				  part of such lands is so conveyed, or if the ownership, lease, or other legal
				  control is divided, such permit shall immediately terminate unless the terms of
				  the permit are modified by the District or the permit is transferred pursuant
				  to District rules.
Rulemaking Authority
						373.044,
						373.113,
						373.149,
						373.171 FS. Law Implemented
						 373.079(4)(a),
						 373.083(5),
						 373.219,
						 373.413,
						 373.4135,
						 373.416 FS.
New 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly
						40D-0.381, Amended 12-16-97, 8-25-02, 10-19-05, 11-25-07, 8-30-09, 11-2-09,
						10-14-12, 2-18-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part VI - PERMITTING › Section 40D-1.660 - Publications, Forms and Agreements Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
The following documents are hereby incorporated by
					 reference and are applicable to this chapter and Chapters 40D-40 and 40D-400,
					 F.A.C.:
(1) Environmental Resource
				  Permitting Information Manual Part B, Basis of Review
http://www.flrules.org/Gateway/reference.asp?No=Ref-00788
,
				  Environmental Resource Permit Applications within the Southwest Florida Water
				  Management District, December 29, 2011. This document is available from the
				  District's website at
www.WaterMatters.org
or from the District
				  upon request.
(2) Operating
				  Agreement Concerning Regulation Under Chapter 373, Part IV, F.S., Between
				  Southwest Florida Water Management District and Department of Environmental
				  Protection, dated July 1, 2007. This document is available from the District's
				  website at
www.waterMatters.org
or from the
				  District upon request.
(3) Chapter
				  62-344, F.A.C., Delegation of Environmental Resource Program to Local
				  Governments (8/29/1995), available from the Florida Department of Environmental
				  Protection at 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.
(4) Memorandum of Understanding Between the
				  Southwest Florida Water Management District and the Environmental Protection
				  Commission of Hillsborough County Regarding Coordination of Regulatory
				  Activities, dated October 19, 2005, available from the District upon
				  request.
(5) Operating Agreement
				  Between the U.S. Army Corps of Engineers and the Southwest Florida Water
				  Management District (SWFWMD) Located within the Geographical Limits of the
				  SWFWMD in Florida, Pursuant to Programmatic General Permit (PGP) PGP-SAJ-95,
				  effective March 24, 2008, available from the District upon request.
(6) Mitigation Bank Form Documents. The
				  following forms are incorporated herein by reference and are available from the
				  District's website at
www.watermatters.org
or from the District
				  upon request:
(a) Mitigation Bank Performance
				  Bond to Demonstrate Construction and Implementation Financial Assurance, Form
				  MB/PB (4/09);
(b) Mitigation Bank
				  Irrevocable Letter of Credit to Demonstrate Construction and Implementation
				  Financial Assurance, Form MB/ILC (4/09);
(c) Mitigation Bank Trust Fund Agreement to
				  Demonstrate Construction and Implementation Financial Assurance, Form MB/CIFA
				  (4/09); and
(d) Mitigation Bank
				  Trust Fund Agreement to Demonstrate Perpetual Management Financial
				  Responsibility, Form MB/PMFA (4/09).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part IX - INVESTIGATIONS; ENFORCEMENT › Section 40D-1.902 - District Investigations and Probable Cause Determination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						373.044,
						373.113,
						373.149,
						373.171 FS. Law Implemented
						 373.219(2),
						 373.245 FS.
New 10-1-84, Repealed by Section 3, Chapter 2012-31, Laws
						of Florida, 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart A - VARIANCE OR WAIVER › Section 40D-1.1001 - Variances from Water Well Construction Rules

Current through Reg. 50, No. 138; July 16, 2024
(1) The District finds that in certain cases
					 compliance with the requirements of Chapter 40D-3, F.A.C., may result in an
					 undue hardship in the construction, repair, modification or abandonment of
					 wells.
(2) Any affected person may
					 request a variance from any part of Chapter 40D-3, F.A.C., for an individual
					 well by making written request which must include those specific requirements
					 from which a variance is requested, any alternate or substitute methods or
					 conditions considered appropriate, and reasons why the variance is considered
					 necessary. When submitting an abandonment plan as part of a variance request to
					 the District, the contractor shall supply any available logs, including but not
					 limited to caliper, natural gamma and lithologic logs of the hole.
(3) The Executive Director or his designee
					 shall grant a variance if the request is not contrary to accepted public health
					 and sanitary engineering practices and will not adversely affect the water
					 resource. The variance shall be the minimum necessary to ameliorate the
					 hardship.
(4) Upon issuance of a
					 variance, the District shall impose such special conditions as may be necessary
					 to protect the intent and purpose of Chapter 373, Part III, F.S., and this
					 chapter.
Rulemaking Authority
						   120.54(5),
						  373.044,
						  373.113,
						  373.171 FS. Law Implemented
						  120.54(5),
						   373.308,
						   373.309,
						   373.313,
						   373.316,
						   373.326 FS.
New 7-1-90, Amended 9-30-91, 12-31-92, Formerly
						   40D-3.501, Amended 7-2-98, 6-17-99,
						  6-29-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart A - VARIANCE OR WAIVER › Section 40D-1.1002 - Variances and Waivers from Water Shortage Rules and Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) General - Users may request relief from
					 the provisions of Chapters 40D-21 and 40D-22, F.A.C., and orders issued
					 pursuant thereto, by filing with the District a Petition For Variance or
					 Waiver, in accordance with Section
					  120.542, F.S., and Chapter
					 28-104, F.A.C., or by filing Form No. LEG-R.42.00-058 (11/15),
https://www.flrules.org/Gateway/reference.asp?No=Ref-06054
,
					 incorporated herein by reference and available upon request from the District.
					 Relief from provisions of a local government ordinance imposing more severe
					 restrictions shall be by petition to such local government.
(2) Unless the petitioner requests otherwise,
					 the petition for variance or waiver shall be considered a petition for informal
					 proceeding under Chapter 120, F.S.
Rulemaking Authority
						  120.54(5),
						  373.044,
						  373.113 FS. Law Implemented
						  120.54(5),
						  373.175,
						  373.246
						  FS.
New 11-19-84, Amended 7-2-86, Formerly 40D-21.291,
						  Amended 7-2-98, 12-7-10, 6-29-14,
						  11-22-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart A - VARIANCE OR WAIVER › Section 40D-1.1003 - Time for Consideration of a Petition for an Emergency Variance or Waiver

Current through Reg. 50, No. 138; July 16, 2024
The District shall grant or deny a petition for a
						variance or waiver within 45 days of its receipt by the
						District.
Rulemaking Authority
						  120.54(5),
						  373.044,
						  373.113 FS. Law Implemented
						  120.54(5),
						  373.079(4)(a),
						  373.083(5)
						  FS.
New 7-2-98, Amended
						  11-2-09.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart B - DECISIONS DETERMINING SUBSTANTIAL INTERST › Section 40D-1.1010 - Point of Entry into Proceedings

Current through Reg. 50, No. 138; July 16, 2024
(1)
					 For all District permitting decisions under Part II and Part IV of Chapter 373,
					 F.S., and decision on petitions for formal determination of wetlands or other
					 surface waters, the District shall require an applicant to publish, or inform
					 an applicant that the applicant has the right to publish, written notice of a
					 District decision in a newspaper of general circulation as set forth in Chapter
					 50, F.S., in the county or counties where the activity is proposed.
(2)
(a)
					 "Written notice" as set forth in Rule
					  28-106.111, F.A.C., means either
					 receipt of actual written notice that the District has taken or intends to take
					 final agency action, or publication of notice that the District has taken or
					 intends to take final agency action.
(b) Receipt of written notice of a District
					 decision shall be deemed to be the fifth day after the date on which the
					 written notice is deposited in the United States mail if actual notice is
					 mailed, the date that the notice is sent if actual notice is issued by
					 electronic mail, or the date that notice is published if actual notice is not
					 issued to the persons who may be substantially affected. If the date of
					 publication of a notice of District decision precedes the date that actual
					 notice is received, the applicable 21-day or 14-day period in which to request
					 an administrative hearing will be determined from the date that notice of
					 District decision was published.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart C - EMERGENCY PERMIT AUTHORIZATIONS › Section 40D-1.1020 - Timeframe for Providing Requested Information (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						   120.54(5),
						  373.044,
						  373.113,
						  373.118,
						  373.4136,
						  373.414 FS. Law Implemented
						  120.54(5),
						   120.60,
						   373.084,
						   373.085,
						   373.116,
						   373.118,
						   373.119,
						   373.171,
						   373.229,
						   373.2295,
						   373.308,
						   373.309,
						   373.323,
						   373.413,
						   373.414,
						   373.416,
						   373.418,
						   373.426,
						   373.4136 FS.
New 7-2-98, Transferred to
						   40D-1.6051.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart C - EMERGENCY PERMIT AUTHORIZATIONS › Section 40D-1.1021 - Emergency Authorizations for Activities Regulated Under Part IV of Chapter 373, F.S. (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						   120.54(5),
						  373.044,
						  373.113,
						  373.149,
						  373.171 FS. Law Implemented
						  120.54(5),
						   120.569(2)(n),
						   373.083,
						   373.083(5),
						   373.119,
						   373.413,
						   373.416,
						   373.426,
						   373.439 FS.
New 10-5-74, Amended 10-24-76, Formerly 16J-4.16,
						  Amended 10-1-84, Formerly 40D-4.451, Amended 7-2-98, 6-17-99, 4-12-10, Repealed
						  2-18-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart C - EMERGENCY PERMIT AUTHORIZATIONS › Section 40D-1.1022 - Emergency Authorizations for Activities Regulated Under Part III Chapter 373, F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) Emergency well
					 construction permits shall be issued by the Executive Director or the Executive
					 Director's designee when one of the following conditions exist which justifies
					 the issuance:
(a) An existing well supplying
					 a particular use has failed and must be immediately replaced;
(b) The health, safety, or general welfare of
					 the people affected by said emergency would be jeopardized without such
					 authorization; or
(c) Emergency
					 authorization is needed to immediately mitigate or resolve potentially
					 hazardous degradation of water resources.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-1 - PROCEDURAL › Part X - EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE › Subpart C - EMERGENCY PERMIT AUTHORIZATIONS › Section 40D-1.1024 - Processing Procedures for Noticed General Permits Under Chapter 40D-400, F.A.C. (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						   120.54(5),
						  373.044,
						  373.113,
						   373.118,
						  373.414 FS. Law Implemented
						  120.54(5),
						  373.118,
						   373.413,
						   373.414,
						   373.416,
						   373.426 FS.
New 10-3-95, Amended 12-23-97, Formerly 40D-400.211,
						  Amended 7-2-98, 11-2-08, Transferred to
						   40D-1.6052.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.011 - Policy and Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to implement the provisions of
				  Part II of Chapter 373, F.S., and the Water Resource Implementation Rule set
				  forth in Chapter 62-40, F.A.C. Additional rules relating to water use are found
				  in Chapter 40D-3, F.A.C., entitled Regulation of Wells, Chapter 40D-8, F.A.C.,
				  entitled Water Levels and Rates of Flow, Chapter 40D-80, F.A.C., entitled
				  Prevention and Recovery Strategies for Minimum Flows and Levels, Chapter
				  40D-21, F.A.C., entitled Water Shortage Plan, and Chapter 40D-22, F.A.C.,
				  entitled Year-Round Water Conservation Measures.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.219 FS.
New 10-5-74, Formerly 16J-2.01, Amended 10-1-89,
					 1-1-07.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.031 - Implementation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.219,
					  373.223,
					  373.224,
					  373.226 FS.
New 10-5-74, Amended 9-4-77, 10-16-78, Formerly 16J-2.03,
					 Amended 3-23-81, 10-1-89, Repealed
					 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.041 - Permits Required

Current through Reg. 50, No. 138; July 16, 2024
(1) The District
				issues two types of WUPs, a general WUP by rule issued pursuant to subsection
				(3) and an individual WUP issued pursuant to subsection (4). Unless expressly
				exempted by law or District rule, a WUP must be obtained from the District
				prior to any use, withdrawal or diversion of water.
(2) A water user shall obtain one permit for
				all withdrawals that are intended to serve contiguous property. Two or more
				properties represented to be separate properties shall be aggregated and
				treated as a single property for permitting purposes when the District
				determines that the properties are physically proximate and either (a) share
				the same irrigation infrastructure or (b) are operated as a common enterprise.
				However, when multiple use types, as defined in Rule
				 40D-2.501, F.A.C., are served by
				separate withdrawal facilities, the District is authorized to issue separate
				individual permits. This requirement to aggregate two or more properties shall
				not apply when the separate properties have existing individual permits that
				require metering for all withdrawals or the water user requests a permit
				modification to the permits to require metering for all withdrawals.
(3) A general WUP by rule is hereby
				established for withdrawals of water listed below that do not meet or exceed
				any permitting threshold. The Governing Board hereby grants a General Permit by
				Rule for all non-exempt withdrawals of water within the District that satisfy
				the following criteria:
(a) The withdrawal of
				water if the following thresholds are met:
1.
				Total withdrawal capacity from any source or combined sources is less than 1,
				000, 000 gpd annual average quantities;
2. Annual average quantities from any source
				or combined sources is less than 100, 000 gpd;
3. Withdrawal is from a well having an
				outside diameter of less than 6 inches;
4. Withdrawal is from a surface water body
				and the outside diameter of the withdrawal pipe or the sum of the outside
				diameters of the withdrawal pipes is less than 4 inches;
5. The withdrawal is not located within the
				MIA;
6. Are consistent with
				requirements of any applicable mandatory reuse zones; and
7. Does not exceed any of the specific
				thresholds identified in subsection (3) of this rule.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.051 - Exemptions

Current through Reg. 50, No. 138; July 16, 2024
(1) No permit is required for the following
				uses:
(2) The domestic consumption
				of water by individual users. The District shall presume, unless otherwise
				shown to the contrary, that any use of water exceeding the quantities set forth
				in subsection  40D-2.041(3),
				F.A.C., is not limited to individual domestic consumption and is not exempt by
				this provision.
(3) Those certified
				uses defined in Chapter 62-17, F.A.C., entitled Electrical Power Plant Siting
				effective April 14, 1986.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.219,
					  373.223,
					  373.224,
					  373.226 FS., 76-243, Laws of
					 Florida.
New 10-5-74, Amended 12-31-74, 10-24-76, 9-4-77, 10-16-78,
					 Formerly 16J-2.04(3), Amended 10-1-89, 2-24-03,
					 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.091 - Publications and Forms Incorporated by Reference

Current through Reg. 50, No. 138; July 16, 2024
(1) The following publications are hereby
				incorporated by reference into this chapter, and are available from the
				District's website at
www.WaterMatters.org
or from the
				District upon request:
(a) Water Use Permit
				Applicant's Handbook Part B (also referred to as the WUP Applicant's Handbook)
				(rev. 1/22), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-14003
).
(b) Water Use Permit Applicant's Handbook,
				Part D, "Requirements for the Estimation of Permanent and Temporal Service Area
				Populations" (1/09), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03840
).
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.101 - Content of Application

Current through Reg. 50, No. 138; July 16, 2024
(1) Application for
				a new or renewal of an existing Individual WUP shall be made using the Water
				Use Permit Application, Form No. LEG-R.100.00 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03739
),
				incorporated by reference in paragraph
				 40D-1.659(1)(h),
				F.A.C. In order to obtain an individual WUP, an applicant shall file with the
				District a "Water Use Permit Application" form including the appropriate
				supplemental forms or attachments as may be required for water use or uses for
				which application is being made. The application shall consist of all completed
				forms and other documentation submitted in support of the application for the
				WUP, which shall constitute information sufficient to demonstrate what the
				water use meets the criteria and conditions established in Rule
				 40D-2.301, F.A.C. Applicants
				shall also submit one or more of the following Supplemental Forms as
				appropriate for each type of water use proposed in the permit application:
(a) Water Use Permit Application -
				Agricultural Use - Supplemental Form A, Form No. LEG-R.030.02 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03740
),
				incorporated by reference in paragraph
				 40D-1.659(1)(i),
				F.A.C.
(b) Water Use Permit
				Application - Industrial/Commercial Use - Supplemental Form B, Form No.
				LEG-R.031.01 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03741
),
				incorporated by reference in paragraph
				 40D-1.659(1)(j),
				F.A.C.
(c) Water Use Permit
				Application - Landscape/Recreation Use - Supplemental Form C, Form No.
				LEG-R.034.01 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03742
),
				incorporated by reference in paragraph
				 40D-1.659(1)(k),
				F.A.C.
(d) Water Use Permit
				Application - Mining/Dewatering Use - Supplemental Form D, Form No.
				LEG-R.112.00 (5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03743
),
				incorporated by reference in paragraph
				 40D-1.659(1)(l),
				F.A.C.
(e) Water Use Permit
				Application - Public Supply Use - Supplemental Form E, Form No. LEG-R.033.02
				(5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03744
),
				incorporated by reference in paragraph
				 40D-1.659(1)(m),
				F.A.C.
(f) Water Use Permit
				Application - Other Use - Supplemental Form F, Form No. LEG-R.109.00 (5/14),
				(
http://www.flrules.org/Gateway/reference.asp?No=Ref-03745
),
				incorporated by reference in paragraph
				 40D-1.659(1)(n),
				F.A.C.
(g) Water Use Permit
				Application - Institutional Use - Supplemental Form G, Form No. LEG-R.110.00
				(5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03746
),
				incorporated by reference in paragraph
				 40D-1.659(1)(o),
				F.A.C.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.111 - Notice of Application Form (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.116,
					  373.229 FS.
New 10-5-74, Amended 10-24-76, Formerly 16J-2.07, Repealed
					 10-1-84.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.121 - Notice and Hearing Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.116,
					  373.229 FS.
New 10-5-74, Amended 10-24-76, Formerly 16J-2.08, Amended
					 10-21-80, 6-30-81, Repealed
					 10-1-84.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.131 - Times for Receiving Objections and for Hearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171 FS. Law Implemented
					  373.116,
					  373.229 FS.
New 10-5-74, Formerly 16J-2.09, Amended 10-21-80, Repealed
					 10-1-84.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.201 - Permit Processing Fee (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.109,
					  373.223 FS.
New 10-5-74, Formerly 16J-2.10, Repealed
					 10-1-89.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.301 - Conditions for Issuance of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				To obtain an individual WUP, renewal, or modification, an applicant must
				provide reasonable assurance that the proposed consumptive use of water, on an
				individual and cumulative basis:
(a) Is a
				reasonable-beneficial use;
(b) Will
				not interfere with any presently existing legal use of water; and
(c) Is consistent with the public
				interest.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.302 - Reservations from Use

Current through Reg. 50, No. 138; July 16, 2024
(1) All available
				water from the Morris Bridge Sink but not greater than 3.9 million gallons of
				water on any given day is reserved to be used to contribute to achieving or
				maintaining the Minimum Flows for the Lower Hillsborough River set forth in
				Rule  40D-8.041, F.A.C. The Morris
				Bridge Sink is located in Section 5, Township 28S, Range 20E, approximately 0.6
				miles south of the Hillsborough River and 0.5 miles north of Cow House Creek in
				Hillsborough County, Florida.
(2)
				The Governing Board anticipates reserving from use water necessary to recover
				to, and protect, the Minimum Flows and Levels established for the Southern
				Water Use Caution Area as set forth in Chapter 40D-8, F.A.C. These reservations
				will be adopted through future rulemaking on a case-by-case basis, to address
				water that is developed through water resource development projects designed to
				achieve and maintain Minimum Flows and Levels. Adopted reservations will be
				incorporated into this Rule
				 40D-2.302, F.A.C.
(3) The Governing Board finds reserving from
				allocation and use by permit applicants the water stored in Lake Hancock at and
				below water elevation 100.0 feet NGVD (1929) is required for the protection of
				fish and wildlife. The Governing Board also finds reserving from allocation and
				use by permit applicants the water released from Lake Hancock to Lower Saddle
				Creek is required for the protection of fish and wildlife when any of the
				following flow thresholds in the Upper Peace River are not met:
(a) 17 cubic feet per second ("cfs") at
				United States Geological Survey ("USGS") Bartow Gage No. 02294650;
(b) 27 cfs at USGS Fort Meade Gage No.
				02294898;
(c) 45 cfs at USGS Zolfo
				Springs Gage No. 02295637.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.311 - Competing Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.079(4)(a),
					  373.083(5),
					  373.233 FS.
New 10-5-74, Formerly 16J-2.12, Amended 10-1-89, 11-2-09,
					 Repealed by Section 3, Chapter 2012-31, Laws of Florida,
					 5-27-12.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.322 - Population and Impact Analysis and Verification of 10-year Requirements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.103,
					 373.171,
					 373.219,
					 373.223,
					 373.227,
					 373.250
					 FS.
New 6-30-10, Repealed
					 1-23-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.341 - Revocation and Cancellation of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The Governing Board shall permanently or
				temporarily revoke a permit in whole or in part, at any time after notice and
				hearing, if it finds that the use is no longer reasonable beneficial or is no
				longer in the public interest.
(2)
				In determining whether the use is not reasonable beneficial or in the public
				interest, the Governing Board shall consider:
(a) Any material false statement in an
				application to continue, initiate, or modify a use, or any material false
				statement of fact required of the user pursuant to the provisions of this
				chapter;
(b) Any willful violation
				of the material terms or conditions of the permit;
(c) Any violation of any provision of this
				chapter which the permittee does not resolve;
(d) Nonuse of the water supply allowed by the
				permit for a period of 2 years or more unless the user can prove that the
				nonuse was due to extreme hardship caused by factors beyond the permittee's
				control; or
(e) Whether the
				withdrawal causes significant adverse impacts to the water resources,
				environmental systems, or existing legal users, and the Permittee does not
				modify the activities or satisfactorily mitigate the
				impacts.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.351 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Notwithstanding the provisions of Rule
				 40D-1.6105, F.A.C., persons who
				wish to continue an existing, permitted water use and who have acquired
				ownership or legal control of permitted water withdrawal facilities or the land
				on which the facilities are located must apply to transfer the permit to
				themselves within 45 days of acquiring ownership or legal control of such water
				withdrawal facilities or such land. The applicant shall request such transfer
				using the "Application to Transfer a Water Use Permit, " Form No. LEG-R.002.005
				(5/14), (
http://www.flrules.org/Gateway/reference.asp?No=Ref-03759
),
				incorporated herein by reference. Copies of the form can be obtained from the
				District's website at
www.WaterMatters.org
or from District
				offices. The District will transfer the permit provided all aspects of the
				permit except for ownership remain the same. All terms and conditions of the
				permit shall become binding on the transferee.
(2) Until the permit is transferred or a new
				permit obtained, the party subsequently controlling the permitted water
				withdrawal facilities will be in violation of these rules for making any
				withdrawals without the required permit.
(3) Persons who apply to transfer a permit
				under subsection (1) above and who propose to change the source, use or
				withdrawal quantities from those specified on the existing permit must also
				submit an application to modify the permit with the application to transfer the
				permit.
(4) Applications for
				partial transfers of permits shall be made in accordance with the WUP
				Applicant's Handbook Part B, (rev. 10/15), (
https://www.flrules.org/Gateway/reference.asp?No=Ref-05856
),
				Section 1.4.9.
Rulemaking Authority
					 373.044,
					 373.113 FS. Law Implemented
					 373.219
					 FS.
New 10-1-89, Amended 2-10-93, 3-30-93, 2-1-05, 10-19-05,
					 11-25-07, 8-30-09, 10-14-12, 5-19-14,
					 9-29-15.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.361 - Renewal of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications
				for renewal of permits shall be made no earlier than 1 year and should be made
				no later than 90 days prior to the expiration date of the permit. Application
				for a permit renewal is timely only if actually received by the District not
				later than the expiration date of the existing permit. Mailing the application
				does not constitute receipt by the District.
(2)
(a)
				Subsection (1) above shall be applicable to those permits that are not extended
				pursuant to subsection
				 40D-2.321(5),
				F.A.C., based on the expiration date on the face of the permit.
(b) Subsection (1) above shall be applicable
				to those permits that are extended pursuant to subsection
				 40D-2.321(5),
				F.A.C., based on the revised expiration date assigned to the
				permit.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.371 - Ten Year Compliance Reporting

Current through Reg. 50, No. 138; July 16, 2024
(1) Except
				for permits issued pursuant to Section
				 373.236(6),
				F.S., permits issued for a duration of 20 years or longer shall require
				submittal of a compliance report under Section
				 373.236(4),
				F.S., once every ten years, when necessary to maintain reasonable assurances
				that the conditions for issuance can continue to be met. Permits issued for
				greater than 20 years pursuant to Section
				 373.236(6),
				F.S., shall require submittal of a compliance report once every five
				years.
(2) The report shall include
				sufficient information to maintain reasonable assurance that the permittee's
				use can continue, for the remaining duration of the permit, to meet the
				conditions for issuance set forth in the rules existing when the District
				issued the permit. After reviewing this report, the District will modify the
				permit, if required to ensure that the use of water authorized by the permit
				can continue to meet the conditions for issuance set forth in the rules
				existing when the District issued the permit. As required by Sections
				 120.569 and
				 120.60, F.S., the District shall
				provide notice of intent to modify the permit.
(3) For all water use classes, when economic
				conditions or population growth rates result in the actual water use being
				lower than permitted water use, a modification to reduce the permitted
				allocation shall only be made by the District when there is no reasonable
				likelihood that the allocation will be needed during the permit term. For
				agricultural WUPs for irrigation, reductions in actual use compared to
				permitted withdrawal that are due to weather events, crop diseases, nursery
				stock availability, or changes in crop type shall not result in a permit
				modification by the District to reduce the permitted allocation during the term
				of the permit.
(4) Additionally, in
				order to incentivize conservation of water, if actual water use is less than
				permitted water use due to documented implementation of water conservation
				measures, the permitted allocation shall not be modified by the District due to
				these circumstances during the term of the permit.
(5) Nothing in this subsection shall be
				construed to alter the District's authority to reduce permitted withdrawals
				under circumstances not addressed by this section, nor be construed to alter
				the water conservation requirements of the permit for the duration of the
				permit.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.171 FS. Law Implemented
					 373.236
					 FS.
New 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.381 - Standard Permit Conditions

Current through Reg. 50, No. 138; July 16, 2024
(1) WUPs
				shall be conditioned, as necessary, to ensure that the permitted withdrawal
				continues to meet the conditions for issuance in Rule
				 40D-2.301, F.A.C. There are two
				categories of permit conditions that will be applied to WUPs. Standard
				conditions contain general information and operational constraints that
				generally apply to all water uses unless waived or modified by the District
				upon a determination that the conditions are inapplicable to the use authorized
				by the WUP. Special conditions vary among use classes, source classes, and
				geographic locations, and may be project-specific.
(2) Every permit acquired under this Chapter
				shall include standard terms which describe the following information:
(a) Permittee's name and address,
(b) Permit number,
(c) Date permit application filed,
(d) Date permit granted,
(e) Permit expiration date,
(f) Water source classification,
(g) Water use classification,
(h) Property location,
(i) Quantity permitted, and
(j) Withdrawal locations.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.401 - Identification Tags

Current through Reg. 50, No. 138; July 16, 2024
(1) When an individual
				WUP is issued, the Governing Board will issue a permanent tag bearing a use
				identification number for each withdrawal facility that is required by the
				District to be metered or for which withdrawal quantities are required to be
				reported to the District, which tag shall be prominently displayed at the site
				of withdrawal by permanently affixing such tag to the pump, headgate, valve, or
				other withdrawal facility. If the WUP covers several facilities such as a well
				field, a tag will be issued for each facility.
(2) Failure to display a permit tag as
				prescribed herein shall constitute a violation of these rules and may be
				grounds for suspension or revocation of the permit. The permittee shall be
				allowed 10 days after notice to obtain a replacement tag. Upon failure of the
				permittee to display such tag within 10 days, the Governing Board may cause the
				replacement of such tag and charge the permittee One hundred dollars ($100) for
				such service.
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171,
					 373.216,
					 373.249 FS. Law Implemented
					  373.219,
					  373.223,
					  373.224,
					  373.226 FS.
New 10-5-74, Formerly 16J-2.05, Amended 10-1-89, 7-20-08,
					 5-19-14.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40D - Southwest Florida Water Management District › Chapter 40D-2 - WATER USE PERMITS › Section 40D-2.441 - Temporary Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 373.044,
					 373.113,
					 373.149,
					 373.171 FS. Law Implemented
					  373.229,
					  373.244 FS.
New 11-6-79, Formerly 16J-2.25, Amended 10-1-89, Repealed
					 3-30-93.