Title: Memo on Land And Water Task Force: The Adequacy of Existing Linkages Between Strategic Regional Policy Plans and the Local Government Comprehensive Planning Process
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Title: Memo on Land And Water Task Force: The Adequacy of Existing Linkages Between Strategic Regional Policy Plans and the Local Government Comprehensive Planning Process
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Language: English
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Spatial Coverage: North America -- United States of America -- Florida
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Abstract: Jake Varn Collection - Memo on Land And Water Task Force: The Adequacy of Existing Linkages Between Strategic Regional Policy Plans and the Local Government Comprehensive Planning Process (JDV Box 49)
General Note: Box 21, Folder 2 ( Land and Water Planning Task Force - 1994 - 1995 ), Item 42
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004405
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS

2740 CENTERVI EW DRIVE TA L LA H ASSEE, FLORIDA 32399-2100

LAWTON CHILES LINDA LOOMIS SHELLEY
Governor Secretary

MEMORANDUM


TO: Linda Loomis Shelley
Secretary

FROM: Stephanie M. CallahafiLC-
Assistant General Counsel

THROUGH: Dan Stengle
General Counsel

RE: Land & Water Task Force: The Adequacy of Existing
Linkages Between Strategic Regional Policy Plans and the
Local Government Comprehensive Planning Process

DATE: April 25, 1994




This memorandum will provide an analysis of the adequacy of
existing linkages, or consistency, between certain provisions of
Florida Statutes and Rule 9J-5, F.A.C., minimum criteria for local
government comprehensive plans, with respect to water resource
protection. Rule 9J-5 requirements for data and analysis and
goals, objectives and policies in the Future Use Land Use, Traffic
Circulation, Conservation, and Capital Improvements, and Sanitary
Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater
Aquifer Recharge Elements will be compared to two specific
provisions of Florida law (attached):

Section 373.0391, F.S., which requires that water management
districts (WMD's) provide technical assistance to local governments

Section 403.0891(3) (a), F.S., which addresses coordination of
stormwater management plans.


EMERGENCY MANAGEMENT HOUSING AND COMMUNITY DEVELOPMENT RESOURCE PLANNING AND MANAGEMENT










I. RELEVANT PROVISIONS OF RULE 9J-5


Rules 9J-5.006(1)(b) and (4)(b) requires certain natural
resources to be shown on an existing and future land use maps,
respectively, including waterwells and cones of influence,
estuarine systems, rivers, bays, lakes, floodplains, harbors and
wetlands.

Rule 9J-5.006(2)(a) requires the future land use element to be
based on an analysis of facilities and services as identified in
the potable water and natural groundwater aquifer recharge element.

Rule 9J-5.006(3) (b) requires plan objectives which coordinate
future land uses with the appropriate topography, soil conditions,
and the availability of facilities and services, and ensure the
protection of natural resources.

Rule 9J-5.006(3)(c) requires future land use policies which
address implementation activities to provide that development
orders and permits are specifically conditioned on the availability
of the facilities and services necessary to serve proposed
development; to provide for drainage and stormwater management; and
to provide for protection of potable water wellfields and
environmentally sensitive land.

Rule 9J-5.011(1) (f) requires the sanitary sewer, solid waste,
drainage, potable water and natural groundwater aquifer recharge
element to be supported by an analysis of the general performance
of existing facilities, based on best available data, evaluating
the adequacy of the current level of service provided by
facilities, the general condition and expected life of the
facilities, and the impact of the facilities upon adjacent natural
resources.

Rule 9J-5.011(1)(g) requires the identification of major
natural drainage features and natural groundwater aquifer recharge
areas within a local government's jurisdiction.

Rule 9J-5.011(1)(h) requires identification and assessment of
the strengths and deficiencies in existing regulations and programs
which govern land use and development of natural drainage features
and groundwater recharge areas, and programs for maintaining the
functions of the natural drainage features and groundwater recharge
areas.

Rule 9J-5.011(2)(b) requires plan objectives addressing
conservation of potable water resources, and protection of the
functions of natural groundwater recharge areas and natural
drainage features.

Rule 9J-5.011(2)(c) requires implementing policies addressing
design storm return frequency for drainage facilities capacity;
minimum design flow, storage capacity, and pressure for potable
water facilities; establishing and utilizing potable water









conservation strategies and techniques; and regulation land use and
development to protect the functions of natural drainage features
and natural groundwater aquifer recharge areas.

Rule 9J-5.013(1)(a) requires identification and analysis of
rivers, bays, lakes, wetlands including estuarine marshes, and air,
including information on quality of the resource available from and
classified by the Department of Environmental Protection; and
floodplains.

Rule 9J-5.013(1) (c) requires analysis of current and projected
water needs and sources for the next ten-year period based on the
demands for industrial, agricultural, and potable water use and the
quality and quantity of water available to meet these demands,
including consideration of existing levels of water conservation,
use and protection and applicable policies of the regional water
management district.

Rule 9J-5.013(2)(b) requires conservation objectives to
conserve, appropriately use and protect the quality and quantity of
current and projected water sources and waters that flow into
estuarine waters or oceanic waters.

Rule 9J-5.013(2)(c) requires implementing policies for
protection of water quality by restriction of activities known to
adversely affect the quality and quantity of identified water
sources including existing cones of influence, water recharge
areas, and waterwells; and emergency conservation of water sources
in accordance with the plans of the regional water management
district.

Rule 9J-5.016 states that the purpose of the Capital
Improvements Element (CIE) is, among other things, to adopt
financial policies to guide the funding of improvements and to
schedule the funding and construction of improvements in a manner
necessary to ensure that capital improvements are provided when
required based on needs identified in the other comprehensive
elements.

Rule 9J-5.016(1) identifies data to form the basis for the
CIE, including public facility needs, geographic service area and
location of major system components and existing revenue sources.

Rule 9J-5.016(2) describes the analysis to be applied,
including current local practices, general fiscal implications,
priority of needed improvements, costs of needed improvements,
assessment of financial capability, and the use of timing and
location of improvements to support land development GOP's in the
FLUE, which must account for the plans of state agencies and WMD's
that provide public facilities within the local government
jurisdiction.









Rule 9J-5.016(3)(c) requires implementing policies which
address programs and activities for the establishment of criteria
used to evaluate local CIE projects, which must include
consideration of the plans of state agencies and WMD's that provide
public facilities within the jurisdiction. Policies must also
address public facility and service availability, provisions for
the adoption of a capital budget as a part of the annual'budgeting
process, and the use of local fiscal policies to direct
expenditures for capital improvements which recognize the policies
of the other elements of the plan.


II. RELEVANT PROVISIONS OF THE STATUTES AT ISSUE

Section 373.0391 requires WMD's to assist local governments in
the development and revision of plan elements, or public facilities
reports, related to water resource issues.

For this purpose, the WMD's must provide data and
information to the local governments, including but not limited to
a description of regulations, programs and schedules implemented by
the WMD; a description of surface water basins; a description of
groundwater characteristics; identification of existing and
potential WMD land acquisitions; and information reflecting the
minimum flows for surface watercourses to avoid harm to water
resources or the ecosystem and information reflecting the minimum
water levels for aquifers to avoid harm to water resources or the
ecosystem.

Section 403.0891 requires DEP, WMD's and local governments to
develop mutually compatible stormwater management programs.

Subsection 403.0891(3)(a) requires local governments, in the
development of a stormwater management program described in the
local comprehensive plan, to consider state water policy, WMD
goals, plans approved pursuant to the SWIM Act, and technical
assistance provided by the WMD's pursuant to Section 373.0391.
Subparagraph (3)(b) encourages local governments to consult with
the WMD's, FDOT, and DEP in adopting or updating their local comp
plan or public facilities report.

Subsection 403.0891(4) requires FDOT to inventory and map
primary stormwater management systems constructed, operated, and
maintained by them in the various WMD's.

Subsection 403.0891(5) requires DEP, in coordination with the
WMD's and local governments, to conduct a continuing review of the
costs of stormwater management systems and the effect on water
quality and quantity and fish and wildlife values. DEP, the WMD's
and local governments are to use this review for planning purposes
and to establish priorities for watersheds and stormwater
management systems with emphasis on costs and benefits of needed
improvements.










Subsection 403.0891(7) requires DEP and DCA, in cooperation
with local governments in the coastal zone, to develop a model
stormwater management program that could be adopted by local
governments, including a stormwater utility fee system.

III. COMPARISON. ANALYSIS AND CONCLUSION

The requirements (minimum criteria) for local government
protection of water resources, as described in Rule 9J-5, F.A.C.,
are consistent with and further the provisions of the above cited
statutes.

For example, both statutes emphasize assistance to be provided
to local governments by the WMD's. Consistent with this emphasis
are the particular requirements for the Conservation Element, for
local governments to ensure water use based on need and for
conservation and protection of the quality and quantity of water
resources. The following 9J-5 requirements are also consistent
with the statutory requirements for the WMDs' providing data and
analysis, the preparation of compatible stormwater management
programs and continued DEP review:

Mapping of water resources on the ELUM and FLUM
Identification of natural water resources and inclusion of
DEP's information on the quality of the resource
Coordination of future land uses to ensure protection of
resources
Analysis of the impacts of facilities on natural resources
Identification and protection of natural drainage features and
recharge areas
Identification and assessment of programs for maintaining the
function of natural drainage features and recharge areas
Coordination with state agencies and WMD's as required by the
CIE criteria

Notably, however, an analysis of the above provisions and Rule
9J-5.007, regarding the Traffic Circulation Element, reveals that
there is no requirement for local government coordination with
FDOT, or the WMD's, regarding the Section 403.0891(4) requirement
that FDOT inventory and map primary stormwater management systems
constructed/operated/maintained by them. The rule is not
inconsistent with this statutory requirement, but it does not
require local government action in furtherance of and in
coordination with this inventory/mapping requirement.

/smc

cc: David Jordan
Paul Noll











ENVIRONMENTAL CONTROL


ernmental authority. The department is specifically
exempted from the time limitations provided in ss.
120.60 and 403.0876; provided that upon timely applica-
tion for renewal, a permit issued under this section shall
not expire until the application has been finally acted
upon or until the last day for seeking judicial review of
the agency order or a later date fixed by order of the
reviewing court. However, if the department fails to ren-
der a permitting decision within the time allowed by 40
C.F.R. part 124, subpart A, or a memorandum of agree-
ment executed by the department and the United
States Environmental Protection Agency, whichever is
shorter, the applicant may apply for an order from the
circuit court requiring the department to render a deci-
sion within a specified time.
(5) The department shall respond, in writing, to any
written comments on a pending application for a state
NPDES permit which the department receives from the
Executive Director, or his designee, of the Game and
Fresh Water Fish Commission or the 'Department of
Natural Resources, on matters within the commenting
agency's jurisdiction. The department's response shall
not constitute agency action for purposes of s. 120.57
or other provisions of chapter 120.
Hitory.-s 23. ch 88-393.. 16. ch 92-132. a 76. ch 93-213
'Nte.-Section 3. ch 93-213. transrred I existing legl authorities and actions
of the Department of Environmentl Regulation and the Department of Ntural
Resources to the Department of Envionmental Protection

403.08851 Implementation.-The provisions of this
act shall be implemented upon approval by the United
States Environmental Protection Agency of the National
Pollutant Discharge Elimination System program of the
state. No state permit shall be issued pursuant to the
provisions of this act before July 1, 1994.
aory.-s 88. ch 93-213

403.0891 State, regional, and local stormwater
management plans and programs.-The department,
the water management districts, and local governments
shall have the responsibility for the development of
mutually compatible stormwater management pro-
grams.
(1) The department shall include goals in the state
water policy for the proper management of stormwater.
(2) Each water management district to which the
state's stormwater management program is delegated
shall establish district and, where appropriate, water-
shed or drainage basin stormwater management goals
which are consistent with the goals adopted by the state
and with plans adopted pursuant to ss. 373.451-
373.4595, the Surface Water Improvement and Manage-
ment Act.
" (3)(a) Each local government required by chapter
163 to submit a comprehensive plan, whose plan is sub-
mitted after July 1, 1992, and the others when updated
after July 1, 1992, in the development of its stormwater
management program described by elements within its
comprehensive plan shall consider state water policy,
district stormwater management goals, plans approved
pursuant to the Surface Water Improvement and Man-
agement Act, ss. 373.451-373.4595, and technical
assistance information provided by the water manage-
ment districts pursuant to s. 373.0391.


(b) Local governments are encouraged to consult
with the water management districts, the Department of
Transportation, and the department before adopting or
updating their local government comprehensive plan or
public facilities report as required by s. 189.415,-which-
ever is applicable.
(4) The Department of Transportation shall inventory
and map primary stormwater management systems
constructed, operated, or maintained by the Depart-
ment of Transportation in each water management dis-
trict. The inventory shall include available design calcu-
lations, conditions, capacity, photographic and drainage
maps, and other pertinent information and shall be sub-
mitted to the water management district in which the
system is located by July 1, 1993. However, completion
of both the inventory and the mapping effort shall be by
July 1, 1991, for systems which affect designated prior-
ity water bodies under ss. 373.451-373.4595, the Sur-
face Water Improvement and Management Act. The
Department of Transportation shall submit an annual
report of progress on the mapping effort to the 'Depart-
ment of Environmental Regulation.
(5) The department, in coordination and cooperation
with water management districts and local govern-
ments, shall conduct a continuing review of the costs of
stormwater management systems and the effect on
water quality and quantity, and fish and wildlife values.
The department, the water management districts, and
local governments shall use the review for planning pur-
poses and to establish priorities for watersheds and
stormwater management systems which require better
management and treatment of stormwater with empha-
sis on the costs and benefits of needed improvements
to stormwater management systems to better meet
needs for flood protection and protection of water qual-
ity, and fish and wildlife values.
(6) The results of the review shall be maintained by
the department and the water management districts
and shall be provided to appropriate local governments
or other parties on request. The results also shall be
used in the development of the goals developed pursu-
ant to subsections (1) and (2).
(7) The department and the Department of Commu-
nity Affairs, in cooperation with local governments in the
coastal zone, shall develop a model stormwater man-
agement program that could be adopted by local gov-
ernments. The model program shall contain dedicated
funding options, including a stormwater utility fee sys-
tem based upon an equitable unit-cost approach. Fund-
ing options shall be designed to generate capital to
retrofit existing stormwater management systems, build
new treatment systems, operate facilities, and maintain
and service debt.
NLtory.-s 15. h 86-186. s 32, ch. 89-279. a 73. ch 93-206
SNte.-- Secton 3. ch 93-213. transferred all existing Iegal authorities and actions
of the Department of Environmental Regulation and the Department ot Natural
Resources to the Department of Environmental Protection

403.0893 Stormwater funding; dedicated funds for
stormwater management.-In addition to any other
funding mechanism legally available to local govern-
ment to construct, operate, or maintain stormwater sys-
tems, a county or municipality may:


F.S. 1993


Ch. 403


Ch. 403


- --












. woo


h, pursuant to the provisions of chapter 120, except such
notice by publication shall be extended at least 90 days
in advance of such hearings.
(6) For the purposes of this plan the department
may, in consultation with the affected goveming board,
divide each water management district into sections
which shall conform as nearly as practicable to hydro-
logically controllable areas and describe all water
resources within each area.
(7) The department shall give careful consideration
to the requirements of public recreation and to the pro-
tection and procreation of fish and wildlife. The depart-
ment may prohibit or restrict other future uses on certain
designated bodies of water which may be inconsistent
with these objectives.
(8) The department may designate certain uses in
connection with a particular source of supply which,
because of the nature of the activity or the amount of
water required, would constitute an undesirable use for
which the governing board may deny a permit.
(9) The department may designate certain uses in
connection with a particular source of supply which,
because of the nature of the activity or the amount of
water required, would result in an enhancement or
improvement of the water resources of the area. Such
uses shall be preferred over other uses in the event of
competing applications under the permitting systems
authorized by this chapter.
(10) The department, in cooperation with the Execu-
tive Office of the Governor, or its successor agency, may
add to the state water use plan any other information,
directions, or objectives it deems necessary or desirable
for the guidance of the governing boards or other agen-
cies in the administration and enforcement of this chap-
ter.
H1o rW.-s 6. prt 1. ch 72-299. as. 2, 3, h. 73-190; 1 22h. 79-190.
373.039 Florida water plan.-The state water use
plan together with the water quality standards and clas-
sifications of the department or its successor agency
shall constitute the Florida water plan. The state water
use plan should be developed in coordination with the
water quality standards system.
NIoiy.-s. 7, p 1r. c. 72-299. s. 41. 79-65.
373.0391 Technical assistance to local govern-
ments.-
(1) The water management districts shall assist local
governments in the development and future revision of
local government comprehensive plan elements or pub-
lic facilities report as required by s. 189.415, related to
water resource issues.
(2) By July 1,1991, each water management district
shall prepare and provide information and data to assist
local governments in the preparation and implementa-
tion of their local government comprehensive plans or
public facilities report as required by s. 189.415, which-
ever is applicable. Such information and data shall
include, but not be limited to:
(a) All information and data required in a public facili-
ties report pursuant to s. 189.415.
(b) A description of regulations, programs, and
schedules implemented by the district.


(c) Identification of regulations, programs, and
schedules undertaken or proposed by the district to fur-
ther the State Comprehensive Plan.
(d) A description of surface water basins, including
regulatory jurisdictions, flood-prone areas, existing and
projected water quality in water management district
operated facilities, as well as surface water runoff char-
acteristics and topography regarding flood plains, wet-
lands, and recharge areas.
(e) A description of groundwater characteristics,
including existing and planned wellfield sites, existing
and anticipated cones of influence, highly productive
groundwater areas, aquifer recharge areas, deep well
injection zones, contaminated areas, an assessment of
regional water resource needs and sources for the next
20 years, and water quality.
(f) The identification of existing and potential water
management district land acquisitions.
(g) Information reflecting the minimum flows for sur-
face watercourses to avoid harm to water resources or
the ecosystem and information reflecting the minimum
water levels for aquifers to avoid harm to water
resources or the ecosystem.
Wnmy.-s 56, ch. 1i89, s. 8, c. 89-279
373.0395 Ground water basin resource availability
inventory.-Each water management district shall
develop a ground water basin resource availability
inventory covering those areas deemed appropriate by
the governing board. This inventory shall include, but
not be limited to, the following:
(1) A hydrogeologic study to define the ground
water basin and its associated recharge areas.
(2) Site specific areas in the basin deemed.proe to
contamination or overdraft resulting from current or pro-
jected development.
(3) Prime ground water recharge areas.
(4) Criteria to establish minimum seasonal surface
and ground water levels.
(5) Areas suitable for future water resource develop-
ment within the ground water basin.
(6) Existing sources of wastewater discharge suit-
able for reuse as well as the feasibility of integrating
coastal wellfields.
(7) Potential quantities of water available for con-
sumptive uses.
Upon completion, a copy of the ground water basin
availability inventory shall be submitted to each affected
municipality, county, and regional planning agency. This
inventory shall be reviewed by the affected municipali-
ties, counties, and regional planning agencies for con-
sistency with the local government comprehensive plan
and shall be considered in future revisions of such plan.
It is the intent of the Legislature that future growth and
development planning reflect the limitations of the avail-
able ground water or other available water supplies.
Mmor.-s. 6, ch 82-101
373.0397 Floridan and Biscayne aquifers; designa-
tion of prime ground water recharge areas.-Upon
preparation of an inventory of prime ground water
recharge areas for the Floridan or Biscayne aquifers as
a part of the requirements of s. 373.0395(3), but prior to


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WATER RESOURCES


FS. 1993


WATER R-


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