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NOTICE OF
PROPOSED RULE
40D-1, 40D-4 AND 40D-400
EMINENT DOMAIN
0 printed on
L~recycled paper
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Procedural 40D-1, F.A.C.
RULE TITLE: RULE NO.:
Application Procedures for Conceptual,
Individual and Standard General
Surface Water Permits and
Individual Water Use Permits 40D-1.603
Limiting Conditions 40D-1.6105
PURPOSE AND EFFECT: Entities with the power of eminent domain
sometimes need to obtain Environmental Resource Permits (ERPs)
prior to their obtaining ownership of property encompassed by the
project area described in an ERP application. Under such
circumstances an authorized representative of the entity signs the
permit application, which is submitted prior to the entity
acquiring ownership of the project area. Because the District's
current noticing procedure does not address this situation, the
actual owners of the property may not receive notice of the permit
application, or the District's action regarding the permit. The
purpose and effect of the rule amendments to 40D-1.603 is to
provide a noticing procedure for the actual property owners when an
entity with the power of eminent domain applies for an Individual
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or Standard General ERP. Under the procedure the District will
mail the property owners identified in the application both a
notice of receipt of application and a notice of agency action for
individual and standard general permit applications.
The rule amendments also address the limiting conditions contained
in Rule 40D-1.6105, F.A.C., by adding that permits can be issued
contingent upon the power to acquire property rights through
eminent domain.
SUMMARY: The rule amendments address the noticing procedure the
District will follow when an entity with the power of eminent
domain applies for an Individual or Standard General ERP. The rule
amendments also address the District's permitting procedures by
adding the power to acquire property through eminent domain as part
of the limiting conditions.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of
Estimated Regulatory Cost is not being prepared based on the
District's determination that the proposed revisions to 40D-1.603
and 40D-1.6105, F.A.C., will not result in a substantial increase
in costs to affected parties and there will not be significant
adverse effects on competition, employment, investment or
productivity. Any person who wishes to provide information
regarding the statement of estimated regulatory costs, or to
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provide a proposal for a lower cost regulatory alternative must do
so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 120.53, 120.54, 120.60, 373.044, 373.113,
373.118, 373.149, 373.171 FS.
LAW IMPLEMENTED: 120.53(1), 120.54, 120.57, 120.60(2), (3),
373.085, 373.113, 373.116, 373.118, 373.171, 373.219, 373.229,
373.413, 373.416 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING
WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9 a.m., October 28, 1997
Place: Governing Board Room, District Headquarters, 2379 Broad
Street (U.S. Highway 41 South), Brooksville, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:
Karen E. West, Assistant General Counsel, Office of General
Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)
796-7211, extension 4651.
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-1.603 Application Procedures for Conceptual, Individual
and Standard General Surface Water Permits and Individual Water Use
Permits
(1) through (5) No change.
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(6) In addition to. and concurrent with the noticing required
pursuant to subsections (4) and (9) when the applicant is an
entity with the power of eminent domain that does not have current
ownership or control of the entire project area described in the
application, the District shall provide the property owners)
identified in the application:
(a) with a written notice of receipt of the application in
accordance with subsection (4) and
(b) with a written notice of the agency action on the
application in accordance with subsection (9). The owners of
property, not owned by the applicant, identified in the application
shall be those identified in the County Property Appraiser's
records thirty (30) days prior to the filing of the application.
(6) through (11) Renumbered (7) through (12).
Specific Authority 120.53, 120.54, 120.60, 373.044, 373.113,
373.118 FS. Law Implemented 120.53(1), 120.54, 120.57, 120.60(2),
(3), 373.113, 373.116, 373.118, 373.171, 373.229, 373.413 FS.
History New 10-1-84, Amended 5-10-88, 12-22-94, 10-19-95, 3-31-
96.
40D-1.6105 Limiting Conditions
(1) All permits issued pursuant to these Rules are contingent
upon the continued ownership, lease, or other legal control of
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property rights in underlying, overlying or adjacent lands, or the
power to acquire such property rights through eminent domain.
(2) and (3) No change.
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.085, 373.219, 373.413, 373.416 FS. History -
Readopted 10-5-74, Formerly 16J-0.12, Amended 2-10-93, Formerly
40D-0.381. Amended
NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,
Interim General Counsel, Office of General Counsel
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:
Governing Board of the Southwest Florida Water Management District
DATE PROPOSED RULE APPROVED: June 24, 1997
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,
1997
The Southwest Florida Water Management District does not
discriminate on the basis of any individual's disability status.
Anyone requiring reasonable accommodation as provided for in the
American's With Disabilities Act should contact Dianne Lee at
(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-
800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.
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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Individual Environmental Resource Permits 40D-4, F.A.C.
RULE TITLE: RULE NO.:
Content of Application 40D-4.101
PURPOSE AND EFFECT: The District's current environmental resource
permitting rules require that the owner of property described in an
Environmental Resource Permit (ERP) application sign the permit
application. However, entities with the power of eminent domain
may need to obtain ERPs prior to their obtaining ownership of the
property encompassed by the project area described in an
application. The purpose and effect of the rule amendment is to
exempt entities with the power of eminent domain from the
requirement that the property owner sign the ERP application.
SUMMARY: The rule amendments address the District's rule
requirement that the owner of property described in an ERP
application sign the permit application when the applicant is an
entity with the power of eminent domain.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of
Estimated Regulatory Cost is not being prepared based on the
District's determination that the proposed revisions to 40D-4.101,
F.A.C., will not result in a substantial increase in costs to
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affected parties and there will not be significant adverse effects
on competition, employment, investment or productivity. Any person
who wishes to provide information regarding the statement of
estimated regulatory costs, or to provide a proposal for a lower
cost regulatory alternative must do so in writing within 21 days of
this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.149, 373.171 FS.
LAW IMPLEMENTED: 373.042, 373.413 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING
WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9 a.m., October 28, 1997
Place: Governing Board Room, District Headquarters, 2379 Broad
Street (U.S. Highway 41 South), Brooksville, Florida.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:
Karen E. West, Assistant General Counsel, Office of General
Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)
796-7211, extension 4651.
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-4.101 Content of Application
(1) and (2) No change.
(3) Notwithstanding the provisions of subsection (2). persons
authorized by entities with the power of eminent domain may sigc
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the application in lieu of the owner when applying on behalf of the
entity and notice to the property owners) is provided pursuant to
40D-1.603 (6).
(3) through (5) Renumbered (4) through (6).
Specific Authority 373.044, 373.113, 373.149, 373.171 FS. Law
Implemented 373.042, 373.413 FS. History Readopted 10-5-74,
Amended 12-31-74, 6-7-78, Formerly 16J-4.06(1), (2), Amended 10-1-
84, 3-1-88, 10-3-95, 10-16-96.
NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,
Interim General Counsel, Office of General Counsel
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:
Governing Board of the Southwest Florida Water Management District
DATE PROPOSED RULE APPROVED: June 24, 1997
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,
1997
The Southwest Florida Water Management District does not
discriminate on the basis of any individual's disability status.
Anyone requiring reasonable accommodation as provided for in the
American's With Disabilities Act should contact Dianne Lee at
(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-
800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.
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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
RULE CHAPTER TITLE: RULE CHAPTER NO.:
Environmental Resource Permits 40D-400, F.A.C.
RULE TITLE: RULE NO.:
Processing Procedures for
Noticed General Permits 40D-400.211
PURPOSE AND EFFECT: Entities with the power of eminent domain may
need to obtain Environmental Resource Permits (ERPs) prior to their
obtaining ownership of property encompassed by the project area
described in an ERP application. Under such circumstances an
authorized representative signs the permit application, which is
submitted prior to the entity acquiring ownership of the project
area. Because the District's current processing procedure for
Noticed General ERPs does not address this situation, the actual
owners of the land may not receive notice of the permit
application, or the District's action regarding the permit. The
purpose and effect of the rule amendment is to provide a noticing
procedure for the actual property owners when an entity with the
power of eminent domain submits an application for a Noticed
General ERP. For these Noticed General ERP applications, the
District will mail notice to the property owners identified in the
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application within three days of its receipt of the permit application.
SUMMARY: The rule amendment addresses the noticing procedure that
the District will follow when an entity with the power of eminent
domain applies for a Noticed General ERP.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: A Statement of
Estimated Regulatory Cost is not being prepared based on the
District's determination that the proposed revisions to
40D-400.211, F.A.C., will not result in a substantial increase in
costs to affected parties and there will not be significant adverse
effects on competition, employment, investment or productivity.
Any person who wishes to provide information regarding the
statement of estimated regulatory costs, or to provide a proposal
for a lower cost regulatory alternative must do so in writing
within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.118, F.S.
LAW IMPLEMENTED: 373.118, 373.413, 373.414, 373.416, 373.426, F.S.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING
WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 9 a.m., October 28, 1997
Place: Governing Board Room, District Headquarters, 2379 Broad
Street (U.S. Highway 41 South), Brooksville, Florida.
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THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS:
Karen E. West, Assistant General Counsel, Office of General
Counsel, 2379 Broad Street, Brooksville, Florida 34609-6899, (352)
796-7211, extension 4651.
THE FULL TEXT OF THE PROPOSED RULE IS:
40D-400.211 Processing Procedures for Noticed General
Permits
(1) No change.
(2) Any person wishing to construct, operate, maintain,
alter, abandon, or remove a surface water management system
pursuant to a noticed general permit set forth in this chapter
shall provide notice to the District by submitting an Application
including the appropriate application fee as required in Chapter
40D-1, F.A.C., to the District at least 30 days prior to
undertaking construction, operation, maintenance, alteration,
abandonment, or removal of the system. For the purposes of this
subsection, and subsection (3) the application form is only
considered submitted when it is actually received by the District.
L3) When the applicant is an entity with the power of eminent
domain that does not have current ownership or control of the
entire project area described in the application, within three days
of receipt of an application the District shall mail to the
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property owners) identified in the application a written notice of
receipt of the application in accordance with 40D-1.603(4) and (9).
The owners of property, not owned by the applicant, identified in
the application shall be those identified in the County Property
Appraiser's records thirty (30) days prior to the filing of the
application.
(3) through (7) Renumbered (4) through (8).
Specific Authority 373.044, 373.113, 373.118, F.S. Law Implemented
373.118, 373.413, 373.414, 373.416, 373.426, F.S. History--New:
10-3-95. Amended.
NAME OF PERSON ORIGINATING THE PROPOSED RULE: Richard T. Tschantz,
Interim General Counsel, Office of General Counsel
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE:
Governing Board of the Southwest Florida Water Management District
DATE PROPOSED RULE APPROVED: June 24, 1997
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 25,
1997
The Southwest Florida Water Management District does not
discriminate on the basis of any individual's disability status.
Anyone requiring reasonable accommodation as provided for in the
American's With Disabilities Act should contact Dianne Lee at
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(352)796-7211 or 1-800-423-1476, extension 4658; TDD only number 1-
800-231-6103; FAX number (352)754-6878/SUNCOM 663-6878.
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