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.PRELIMINARY
SUBJECT TO REVISION
OF
THE SOUTHiWEST FLORIDi LA WATER l'.NAG. ET DiS-RICT 7 /
CHAPTER 16 CB-1
PROTECTION OF THE WORKS OF TiHE DISTRICT
16 CB 1.01 Purposes and Definitions
1.01(1) Purposes
(a) The Southwest Florida Water Management District owns, maintains,
and has accepted responsibility for certain canals, water control
structures, right-of-way, lakes and streams, as well as other
works which are specifically n aiiOed in these rules and regulations
as "The Works of the District"', the primary purposes of these
rules and regulations are to protect the existing works from
actions which would impair their ability to accomplish the purpose
for which they were intended and to protect the other works for
which planning is under way.
(b) In addition, the purposes of these rules and regu'atitions are to
implement the declared water policy of the Southwest Florida Water
Management District and the State of Florida by providing for the
maximum beneficial utilization, development, conservation, pro-
tection, management and control of the water resources of the South-
west Florida Water Management District in the best interest of all
its people.
1.01(2) Definitions -- When appearing in these rules and regulations or in any
order adopted pursuant hereto, the following words and phrases shall mean:
(a) District -- The Southwest Florida Water Management District as created
by Chapter 61-691, Laws of Florida, and as amended by Chapter 63-659
and 63-849, Laws of Florida.
(b) Board -- The Governing Board of the Southwest Florida Water Manage-
ment District and its duly designated executive officers, employees
and agents.
(c) Person -- Any and all persons, natural or artificial, including any
individual, firm, association, organization, partnership, business
trust, corporation, company, the United State of America, the State
of Florida and all political subdivisions, districts, municipalities
and public agencies thereof.
PRELIM iNARY
SUBJECT TO REVISION
(d) Dam -- Any articificial or natural barrier, with alpurt-tnant works,
raised to obstruct or impound or which does obstruct or impound any
surface waters within the District.
(e) Appurtenant Works -- Any artificial improvements to a dam which
might affect the safety of such dam, or when employed, might affect
the holding capacity of such dam, or of the reservoir or impoundment
created by such dam.
(f) Impoundment -- Any lake, reservoir, pond or other containment of
surface water occupying a bed or depression in the earth's surface
having a surface area of ten acres or more and having a disceriib-le
shoreline.
(g) Reservoir -- Any artificial or natural holding area which contains
or will contain the water impounded by a dam.
(h) Other Works -- All artificial structures not included in (d) or (e)
above, and including but not limited to ditches, canals, conduits,
channels, culverts, pipes, docks and other construction that connects
to, drains water from, drains water into or is placed in or across
any surface waters within the District.
(i) Surface Waters -- Includes both contained surface water and diffused
surface water.
(j) Contained Surface Water -- The water upon the surface of the earth
in bounds created naturally or artificially including but not limited
to streams, canals, lakes, reservoirs and watercourses in which water
usually flows in a defined bed or channel. It is not essential that
the flowing be uniform or uninterrupted.
(k) Diffused Surface Water -- The water occurring upon the surface of the
ground other than in contained waterbodies.
(1) The Works of the District -- The following were declared to be "The
Works of the District" by the Governing Board of the Southwest Florida
Water Management District in its Resolution No. 63, dated October 9,
1963; and subsequent motions of January 16, 1964, March 17, 1965,
March 15, 1967 and March 13, 1968 and at a Public Hearing of May 8,
1968:
( (1) The Hillsborough River, its natural floodway and tributaries,
connecting channels, canals and lakes.
(2) The Oklawaha River, its natural floodway and tributaries,
connecting clhanncls, canals and lakes.
PRELIMINARY
SUBJECT TO REVISION
(3) The Withlacooccee River, its natural riood~.'ay and tributaries;
connecting channels, c Anals and lakes,
(4) The Peace River, its natural floodway and tributaries, connecting
channels, canals and the lakes which are regulated by the District
control structures, including their connecting channels and canals.
(5) The authorized Green Swamp Basin reservoirs, connecting channels,
control structures and discharge channels below reservoirs. (Note:
The land areas required for the th-ree reservoirs must be protected
against encroachment by private or public works to insure proper
functioning of the "Four River n-tsins, Florida" project.)
(6) The Anclote River, its natural floodway and tributaries, connect-
ing channels, canals and lakes,
(7) Lake Tarpon, its connecting channels and canals, including the
Lake Tarpon Outfall Canal.
(8) Old Tampa Bay north of Courtney C'tnmploell Causeway and all trib-
utary streams, channels and canals discharging therein.
(9) The Alafia River, its natural floodway and tributaries, connect-
ing channels, canals and lakes.
(10) The Little manatee River, its natural floodway and tributaries,
connecting channels, canals and lakes.
(11) The Palm River and Six Mile Creek, their natural floodway and
tributaries, connecting channels, canals and lakes.
(12) The Pithlachascotee River, its natural floodway and tributaries,
connecting channels, canals and lakes.
(13) The Waccasassa River, its natural floodway and tributaries,
connecting channels, canals and lakes.
(14) McKay Bay north of 22nd Street Causeway, all tributaries,
channels and canals discharging therein.
(15) The Weeki Wc'clhee River, its natural floodway, tributaries,
connecting channels and canals.
16 CB 1.02 Scope
1.02(1) All surface waters within the District that discharge into or from Works
of the District are subject to these rules and regulations unless speci-
fically exempted.
1.02(2) These rules and regulations establish procedures to be followed by those
who find it necessary to connect to, withdraw water from, dischllarge ter
PRELI MINARY
SUBJECT TO REVISION
into, place construction within or across or omnerwise make use of
the surface waters within the District which flow into or from the
Works of the District.
1.02(3) State Laws prohibit such work unless approved by the Board. This
approval is usually granted in the form of a permit.
1.02(4) The Permit does not convey any property rights or privileges other
than those specified in the Permit; it does not authorize any injury
to private property or invasion of private rights nor does it waive
the governing requirements of any other agency or authority. it simply
expresses the assent of the District insofar as concerns the public's
intent and protection under Chapter 378, Florida Statutes.
16 CB L03 Permits for Construction, Repair, Modification, Maintenance or Alteration
1.03(1) No person shall construct, repair, modify, maintain or otherwise alter
a dam, impoundment, reservoir, appurtenant work or other works that
affect surface waters that flow into or from Works of the District with-
out first obtaining a permit from the Board.
1.03(2) A person proposing to construct, repair, modify, maintain or otherwise
alter a dam, impoundment, reservoir, appurtenant work or other works
that affect surface waters that flow into or from Works of the District
shall apply to the Board for a permit authorizing the proposed work.
The application shall contain the following:
(a) Name and address of the applicant.
(b) Name and address of the owner or owners of the land upon which
the work is to be constructed and a legal description of such
land.
(c) Location of the work.
(d) Detailed specifications of construction.
(e) Engineering drawings showing the detailed plans of construction.
(f) Name and address of the person who will construct the proposed
work.
(g) Name and address of the person who prepared the plans and speci-
fications for construction.
(h) General purpose of the proposed work.
(i) Such other information as the Board may require in order to
assure that the proposed work will be consistent with the policy
of the District and will not be harmful to the Works of the District.
PRELIMINARY!
"" SUBJECT TO REVISION
(j) The Board may v'aive any or all of the requirements not
appropriate to a particular project.
1.03(3) The Board may in unusual circumstances, such as when proposed work
may constitute a danger to the surface waters or works of the District,
prescribe any other restrictions and may require an appropriate surety
bond as it deems proper.
1.03(4) Specifications -- The detailed specifications of construction as set
forth in the application for permit, if approved, shall be contained
in the permit issued by the Board and construction shall be performed
in accordance withL such specifications. Any deviation therefrom shall
only be made after written permission is received from the Board.
1.03(5) Duration of Permits -- Each permit shall be consecutively numbered,
shall be dated and shall be valid for a period of six (6) months or
the time period applied for, unless the time limit is extended by the
Board and a supplemental permit issued.
1.03(6) Completion Report -- Within thirty (30) days after the completion of
the work the permitee shall file on a form provided by the Board a
completion report.
1.03(7) Inspection
(a) During the construction, repair, modification, maintenance or
alteration the Board shall make at its expense such periodic in-
spections as it deems necessary to insure conformity with the
approved plans and specifications included in the permit. If
the Board finds that the work is not being done in accordance
with the approved plans and specifications as indicated in the
permit, it shall give the permitee written notice stating which
particulars of the approved plans and specifications the construc-
tion are not in compliance and shall order immediate compliance
with such plans and specifications. Failure to act in accordance
with the orders of the Board after receipt of written notice shall
result in the initiation of revocation proceedings in accordance
with Section 1.04.
(b) Upon completion of the work the Board may make periodic inspections
t of the work as it deems necessary to protect the public's interest
and the water resources of the District.
H-RELIlMVINARY
16 CB 1.04 Denial, Suspension or Revocation of Permit
SUBJECT TO REVISION
1.04(1) The Board shall issue a Permit Denial whenever it determines that
an application for a permit under Section 1.03 fails to meet the re-
quirements prescribed by these rules and regulations or that such
proposed construction or operation would be contrary to the policy of
this state or of the Board as set forth in these rules and regulations.
1.04(2) Such permit denial shall:
(a) State the grounds for denial and may state any remedial
action, if any, which may be taken to make such applica-
tion acceptable for approval; and
(b) Be served in writing upon trie person signing the application
by registered or certified mail or by a legal notice published
in a newspaper serving the area in which the applicant resides.
1.04(3) Any applicant receiving a ,Permit Denial may obtain a hearing before the
Board by filing within thirty (30) days of the mailing of such Permit
Denial a written petition requesting such hearing. The provisions of
Part 11, Chapter 120, Florida Statutes, shall apply.
1.04(4) The Board may, upon investigation, suspend a permit and, after notice and
hearing, may extend such suspension or may revoke the permit. The pro-
visions of Part 11, Chapter 120, Florida Statutes, shall apply. Such
suspension or revocation may be made on any one or more of the following
grounds:
(1) Material misstatement or misrepresentation in the application for
a permit.
(2) Failure to comply with the provisions set forth in the permit.
(3) Willful disregard or violation of any rule or regulation promul-
gated herein by the Board.
(4) Material change of circumstances or conditions existing at the
time such permit was issued.
16 CB 1.05 Abandonment -- Any person owning a dam, impoundment, reservoir, appurtenant
work or other works within the District that affect surface waters that flow
into or from Works of the District wishing to abandon or remove such work
shall first obtain written permission from the Board.
16 CB 1.06 Applicability to Existing Works -- Any person owning or operating a dam,
impoundment, reservoir, appurtenant work or other works within the District
PRELIMINARY
SUBJECT TO REVISION
that affects the surface waters that flow into or rrom Works of the
District shall register said work with the Board. Registration shall
be on the forms provided by the Board. In addition, all rules and re-
gulations shall apply to all such works in existence at the time of
their effective date,
16 CB 1.07 Permit Application Procedure
1.07(1) An "Application for Permit" can be obtained from the Southwest
Florida Water Management District, P. O. Box 457, Brooksville,
Florida, 33512, by calling in person, by letter or by telephone.
1.07(2) The application form will be given a serial number, and upon ap-
proval and signature by the authorized officer of the District, will
constitute the official permit. On-e copy will be returned to the
applicant, and one retained in the Southwest Florida Water Manage-
ment District Office in Brooksville.
1.07(3) There is no fee charged for the issuance of the application for
the permit.
16 CB 1.08 Preparation of the Drawing or Sketch
1.08(1) Drawings are to be submitted on letter size (8-" x II") paper, or
a size that can be folded to 8" x II", such as 11" x 17" or
17" x 22". Three copies of the drawing must be provided. If
8" x 11" size, one must be of black line type capable of being
photocopied. If larger than 8" x 11" drawings are used, one
must be the original drawing or a reproducible.
1.08(2) Drawings should be to scale or properly and adequately dimensioned.
To be acceptable, a drawing or sketch will show a location plan and
a cross section or elevation.
1.08(3) The location plan should locate the installation or construction by
referencing it to a section line, a road or some obvious and permanent
landmark.
1.08(4) The plan and cross section or elevation should clearly portray the
construction in its relationship to the channel and/or right-of-way.
Certain elevations must be designated to facilitate processing of
the application. These are: Canal bottom elevation, water surface
elevation and ground elevation expressed in mean sea level (m.s.l.).
The elevation of the low members of a bridge span must be shown. For
overhead wire crossings and in the case of water of gas lines, low mem-
ber elevation must also be indic lt:d on the drawing.
PRELIMINARY
SUBJECT TO REVISION
A .DDENL, i UI.
Chapter 16 CB-!
Protection of the Works of the District
Page 1
Add the following paragraph to
16 CB 1.01(1) Purposes
(c) The Southwest Florida Water management District, recog-
nizing the profound impact of man's activity on the in-
terrelations of all components of the natural environ-
ment and recognizing further the critical importance
of restoring and maintaining environmental quality to
the overall welfare and development of man, declares
that it is continuing policy of the Southwest Florida
Water -anagement District to use all practical means
and measures in a manner calculated to foster and pro-
mote the general welfare, to create and maintain condi-
tions under which man and nature can exist in productive
harmony.
Page Five
Add the following to Paragraph
16 CB 1.03(3) In appropriate cases the Board shall require that a biological
survey and an ecological study be made to determine the environ-
mental impact of the proposed work.
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