Title: Water Management Districts Created by Chapter 373
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Permanent Link: http://ufdc.ufl.edu/WL00004198/00001
 Material Information
Title: Water Management Districts Created by Chapter 373
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Water Management Districts Created by Chapter 373 (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 21
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004198
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






GOVERNOR AND CABINET


GOVERNOR
CHIEF PLANNING OFFICER OF STATE
Chapter 23
Office of Planning and Budget
strategic planning

stale budgeting

comprehensive state policies


administrative

designate ACSC
recommend DRI guidelines/
stds to legislature
* permit power plants,
transmission lines

appellate
* DR's
* ACSC
0 rules and orders of WMD's
* WMO decisions on local plans


DEPARTMENT OF
ENVIRONMENTAL REGULATION

* exercise general supervision over all water
management districts

* prepare Florida water plan (water use policies
and water quality standards)
* implement air and water quality regulations
and other environmental programs
* enforcement (administrative, judicial )


1L


WATER MANAGEMENT DISTRICTS

created by Chapter 373
designoaed regional planning agency
under Chapters 163 and 380 by PCB 6 8 8

* regional policies and regulation
* planning (land and water)
* growth management (Iland and water
* shart term Implementation applied through
water resource regulations; DRI reviews
local plan approvals
V enforcement (administrative and
Judicial remedies )


DEPARTMENT OF
COMMUNITY AFFAIRS
"state land planning agency*

Chapters 163 and 380
sate land development plan
Implemented through existing growth
management mechanisms at the
regional / local level
* can initiate state appellate process
before Governor Cabinet for DRI's,
ACSC, and WAMD decisons on local plans
* consistency with plan insured ao regional
and local level
-- -


W

LOCAL GOVERNMENT

* adopt local comprehensive plans consislenl with SLOP

* adopt consistent land development regulations

* issue development orders in areas of critical state concern
a issue development orders for developments of regional Impacts
i provide public facilities and services


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GOVERNOR CHIEF STATE
PLANNING OFFICER (CH, 23)



OFFICE OF PLANNING/BUDGETING

* planning: strategies; goals and policies
program coordination

economic development
public safety
housing/community development
natural resources/recreation
transportation
health/human services
general government


* implementation:

state budget decisions
state agency policy and program
decisions
advise Governor as staff to
Florida Land and Water
Adjudicatory Commission


* reviews:

agency budgets, program outputs
all appellate issues before
Florida Land and Water
Adjudicatory Commission


* enforcement:

Governor directs gubernatorial
agency heads
policy and program coordination
budget recommendations to Legislature










GOVERNOR AND CABINET

(CHAPTER 163, 373, 380)



* Florida Land and Water Adjudicatory Commission

-- Appellate body for land and water management;

-- Hear appeals from local decisions regarding DRIs and
development within areas of critical state concern,
under Chapter 380;

-- Review, and can initiate review, of certain water
management rules and orders, under Chapter 373;

-- Hear appeals of water management district approvals
or disapprovals of local plans, under PCB 8;

-- Apply state land development policies and standards
in appellate role to set state direction.



* Administrative Commission

-- Designate areas of critical state concern, and adopt
principles for guiding development;

-- Review or adopt changes to local regulations in areas
of critical state concern;

-- Adopt and revise DRI guidelines and standards, subject
to legislative approval.



Siting Board

-- Issue one-step certifications for electrical power
plants and transmission lines.










DEPARTMENT OF COMMUNITY AFFAIRS -
STATE LAND PLANNING AGENCY (CH, 163,380)



* planning: state land development plan

policies and standards to guide
public/private land development
consistent with public services
and natural resources limits
based on background studies of
emerging strategic state growth
management issues
general state land use objectives
defined
identifies legal mechanisms to
coordinate and implement
defines policies and standards for
reviewing DRIs
gives policy direction to state public
investments related to new growth
establishes regional planning
performance standards
developed with full consideration of
adopted local and state agency plans


* implementation:

through existing planning and growth
management decision process
primarily at regional level through
regional short-term (2 year) programs
of specific public actions (related to
public development programs, land
acquisition needs, infrastructure
needs, coordination with water
management plans, regulatory and
incentive techniques)
at local level through approval of
comprehensive plans, and application
of policies and standards in DRI
reviews and in areas of critical state
concern
-at state level through appeal powers,
internal program decisions, and policy/
budget recommendations to OPB and
legislature


reviews:

developments of regional impact
(DCA can initiate state reviews of
local decisions inconsistent with
plan by appeal to Governor/Cabinet,









as Florida Land and Water
Adjudicatory Commission)
development permits in areas of
critical state concern (DCA can
initiate, same as DRIs above)
all local government comprehensive plans,
amendments, or revisions
major power plants and transmission
lines
implementation of plan through
evaluation report


* enforcement:

appeal local decisions under
ch. 380 if inconsistent with state
land development plan to Governor
and Cabinet
-appeal decisions of water management
districts on local comprehensive
plans to Governor and Cabinet
enjoin violations of ch. 330











DEPARTMENT OF ENVIRONMENTAL REGULATION

(CHAPTER 373, 403)



* Planning

-- Prepares state water use plan;

-- State water use plan, together with water quality
standards and classifications, constitute the Florida
Water Plan;

-- Prepares coastal management plan;

-- Prepares safe drinking water plan;

-- Considers; 10-year utility site plans and state
comprehensive plan when conducting certification
reviews of electrical power plants.



* Implementation

-- Permitting based on air and water quality standards;

-- Other environmental programs;

-- Local pollution control programs;

-- Exercise general supervision over water management
districts.



Reviews

-- Permits (air and water quality);

-- Certain activities of water management districts.



Enforcement

-- Appeal certain rules or orders of water management
districts to Governor and Cabinet;

-- Administrative and judicial remedies.











LOCAL GOVERNMENT

(CHAPTER 163, 380)



* Planning: Local Government Comprehensive Planning Act,
Chapter 163.3161 -.3211

-- Mandates all cities and counties to prepare, adopt,
and implement plans to guide future growth and
development;

-- Plan must include: economic assumptions and policy
recommendations for implementation; future land use
element; traffic circulation element; general sanitary
sewer, solid waste, drainage and potable water element;
conservation element; recreation and open space element;
housing element; coastal zone protection element (for
coastal areas only); intergovernmental coordination
element; utility element; other optional elements;

-- All land development and land development regulations
must be consistent with the adopted plan;

-- Virtually all cities and counties have adopted plans,
reviewed at state and regional level but with no
higher authority over quality control;

-- PCB 8 authorizes water management district approval
of local plans, to obtain quality control, with appeal
option to Governor and Cabinet by local government or
Department of Community Affairs.



Implementation

-- Through land development regulations (zoning, subdivision
controls, other ordinances) and other administrative
procedures;

-- Consistency reviews proposed for water management
district (review standards: local plans, amendments,
and revisions must be consistent with adopted regional
comprehensive plan or short-term implementation
program; Florida Water Plan; state plans or policies
adopted under Chapter 23, 373, or 380 (includes state
land development plan); other local comprehensive
plans within the region.











WATER MANAGEMENT DISTRICTS

(Created by Chapter 373; assigned "Regional Planning Agency"
under Chapter 163 and 380 by PCB 6 and 8)


* Land and Water Planning

-- Assists DER in formulating state water use plan;

-- Undertakes hydrologic studies and investigations;

-- Assists state land planning agency in carrying out state
land development plan by preparing regional short-term
implementation program;

-- Coordinates and integrates land development plan with
water management plans, enhanced by realigning districts
along county lines;

-- Floodplain mapping.



* Land and Water Management Implementation

-- Application of policies and standards through existing
planning and growth management decision processes (DRI,
ACSC, and LGCPA reviews);

-- Through existing regulatory mechanisms (including
water use permits, surface water management, and
other water resource programs related to flood control,
wetlands, and land acquisition);

-- Approve local comprehensive plans, amendments, and
revisions;

-- Prepare regional short-term (two year) implementation
program for state land development plan (specific
public actions related to public development programs,
land acquisition needs, infrastructure needs,
coordination of land and water management plans,
regulatory and incentive techniques, and fixed capital
outlay needs);

-- Regional district role enhanced by eliminating basin
boards.



Reviews

-- Prepare report and recommendations on all DRI's within
district, applying land and water policies and standards;












-- Review development activities in areas of critical
state concern;

-- Review and approve local comprehensive plans and
amendments (subject to appeal to Governor and Cabinet
by local government and the Department of Community
Affairs);

-- Can initiate local evaluation and appraisal of local
plans;

-- Continues review and approval of water resource related
permit applications.



* Enforcement

-- Appeal local government decisions under Chapter 380
if inconsistent with state land development plan;

-- Deny local comprehensive plans (subject to appeal);

-- Administrative and judicial remedies under Chapter
373 and 380.












* Reviews


-- Development activity reviews under local land regulations
and plan;

-- Developments of regional impact;

-- Development activity within areas of critical state
concern;

-- Plan amendments and revisions reviewed at state level,
approved at regional level.



* Enforcement

-- Adopted plan has binding legal status under Chapter 163
over all land development;

-- Local plans may be denied at regional level if not
consistent with state and regional policies and plans;

-- Local decisions under Chapter 380 inconsistent with
state and regional policies and plans may be appealed
to Governor and Cabinet;

-- Independent state regulatory authority exists in
Chapter 373 and 403 to enforce water quality and
quantity aspects of local land development.




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