40C-9: Firearms and Similar Equipment [ Posted on 10/31/2011 ]

PURPOSE AND EFFECT:The purpose and effect of these proposed rule repeal is to repeal District restrictions on property access and use based on the possession or use of firearms or similar equipment. Possession or use of firearms and similar equipment on District property will continue to be regulated in accord with general Florida law.

40C-2: Content and Processing of Applications, Publications Incorporated by Reference, Conditions for Issuance of Permits, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require that when a CUP application is requesting authorization to use water to irrigate landscape, golf course, or recreational areas for a project that will require a 40C-4 or 40C-40 environmental resource permit (ERP) that such applicant must also apply concurrently for the ERP; (2) require that such concurrent CUP and ERP applications will be reviewed by the District in a consolidated manner, with the CUP application not being considered complete until the ERP application is also complete, and if either application fails to meet the conditions for issuance then both the CUP and ERP applications will be denied; (3) clarify that at a preapplication conference, the District will also be available to discuss consolidated review of any related ERP application; (4) establish that a CUP application must either be submitted electronically via the District’s website or delivered to the address indicated on the application form and clarify the content and processing of CUP applications; (5) require that when a CUP application requires a concurrent ERP application submittal that the applicant must submit the required ERP application and all appropriate permit processing fees; (6) amend the conditions for issuance in 40C-2.301, F.A.C., to reflect the new requirements regarding consolidated review of CUP and ERP applications (no text is available yet for the proposed change to 40C-2.301); (7) revise the CUP application form to update the contents and include the concurrent application requirements.

40C-4: Publications Incorporated by Reference, Content and Processing of the Application, Permit Processing Fee, Conditions for Issuance of Permits, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require ERP applicants under 40C-4 or 40C-40 to concurrently submit CUP applications where their proposed projects will contain irrigated landscape, golf course, or recreation areas that require a CUP; (2) require that such concurrent ERP and CUP applications will be reviewed by the District in a consolidated manner, with the ERP application not being considered complete until the CUP application is also complete and if either application fails to meet the applicable conditions for issuance then both the ERP and CUP applications will be denied; (3) create a new ERP criterion that a proposed system that will contain irrigated landscape, golf course, or recreational areas “not adversely impact the availability of water for reasonable-beneficial uses;” (4) create water conservation requirements, which satisfy the new criterion to not adversely impact the availability of water for reasonable-beneficial uses, including: (i) require an irrigation plan that meets criteria to conserve water, including requirements that no more than 60% of the pervious portion of a lot can be irrigated with high-volume sprinklers, sprinkler spacing and precipitation rate limits, prohibiting irrigation of non-vegetated areas, limiting irrigation of landscaped road medians to certain highly efficient irrigation methods unless the water source is stormwater or reclaimed water, and requiring that all in-ground irrigation systems are separately metered; (ii) require use of lower quality water sources unless the applicant demonstrates that it is not economically, environmentally, or technologically feasible; and (iii) require that the use of Florida-Friendly landscaping not be prohibited; (5) create requirements to ensure that the long-term operation and maintenance entity will enforce the water conservation plan requirements; (6) clarify that at preapplication conferences, the District will also be available to discuss consolidated review of other permits and authorizations; (7) require that when an ERP application requires a concurrent application to be submitted that the applicant must submit all required applications and all appropriate permit processing fees; (8) clarify the 40C-40 standard ERP process; (9) clarify that an ERP application may be submitted electronically via the District’s website; (10) update the nomenclature in 40C-4 that 40C-40 permits are called “standard” ERPs; (11) clarify that an applicant can request that the District begin processing an incomplete ERP application; (12) revise the ERP application form to update the contents and include the concurrent application requirements; and (13) update statutory authority.

40C-20: General Permit for Water Use, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) require that when a CUP application is requesting authorization to use water to irrigate landscape, golf course, or recreational areas for a project that will require a 40C-4 or 40C-40 environmental resource permit (ERP) that such applicant must also apply concurrently for the ERP; (2) require that such concurrent CUP and ERP applications will be reviewed by the District in a consolidated manner, with the CUP application not being considered complete until the ERP application is also complete, and if either application fails to meet the conditions for issuance then both the CUP and ERP applications will be denied; (3) clarify that at a preapplication conference, the District will also be available to discuss consolidated review of any related ERP application; (4) establish that a CUP application must either be submitted electronically via the District’s website or delivered to the address indicated on the application form and clarify the content and processing of CUP applications; (5) require that when a CUP application requires a concurrent ERP application submittal that the applicant must submit the required ERP application and all appropriate permit processing fees; (6) amend the conditions for issuance in 40C-2.301, F.A.C., to reflect the new requirements regarding consolidated review of CUP and ERP applications (no text is available yet for the proposed change to 40C-2.301); (7) revise the CUP application form to update the contents and include the concurrent application requirements.

40C-40: Policy and Purpose, Standard Permit Applications, Forms and Instructions [ Posted on 8/12/2010 ]

PURPOSE AND EFFECT: The purposes and effects of the proposed rule amendments are to: (1) conform 40C-40 to a proposed amendment in 40C-4 that requires ERP applicants under 40C-4 or 40C-40 to concurrently submit CUP applications where their proposed projects will contain irrigated landscape, golf course, or recreation areas that require a CUP; (2) conform 40C-40 to a proposed amendment in 40C-4 that requires that such concurrent ERP and CUP applications will be reviewed by the District in a consolidated manner, with the ERP application not being considered complete until the CUP application is also complete and if either application fails to meet the applicable conditions for issuance then both the ERP and CUP applications will be denied; (3) conform 40C-40 to a proposed amendment in 40C-4 that creates a new ERP criterion that a proposed system that will contain irrigated landscape, golf course, or recreational areas “not adversely impact the availability of water for reasonable-beneficial uses;” (4) conform 40C-40 to a proposed amendment in 40C-4 that creates water conservation requirements, which satisfy the new criterion to not adversely impact the availability of water for reasonable-beneficial uses, including: (i) require an irrigation plan that meets criteria to conserve water, including requirements that no more than 60% of the pervious portion of a lot can be irrigated with high-volume sprinklers, sprinkler spacing and precipitation rate limits, prohibiting irrigation of non-vegetated areas, limiting irrigation of landscaped road medians to certain highly efficient irrigation methods unless the water source is stormwater or reclaimed water, and requiring that all in-ground irrigation systems are separately metered; (ii) require use of lower quality water sources unless the applicant demonstrates that it is not economically, environmentally, or technologically feasible; and (iii) require that the use of Florida-Friendly landscaping not be prohibited; (5) conform 40C-40 to a proposed amendment in 40C-4 that creates requirements to ensure that the long-term operation and maintenance entity will enforce the water conservation plan requirements; (6) clarify that at preapplication conferences, the District will also be available to discuss consolidated review of other permits and authorizations; (7) conform 40C-40 to a proposed amendment in 40C-4 that requires that when an ERP application requires a concurrent application to be submitted that the applicant must submit all required applications and all appropriate permit processing fees; (8) clarify the 40C-40 standard ERP process; (9) update the nomenclature in 40C-40 that 40C-40 permits are called “standard” ERPs; (10) revise the ERP application form to update the contents and include the concurrent application requirements; and (11) update statutory authority.

40C-1: Permit Fees [ Posted on 8/9/2010 ]

PURPOSE AND EFFECT: The purpose and effect of this rulemaking is to adopt and charge a fee when a request for modification of a consumptive use permit (CUP) is submitted by letter. Currently, if a letter modification request qualifies under 40C-2.331, F.A.C., then the District does not charge a fee for the modification. As part of related proposed rule amendments to Chapter 40C-2, F.A.C., the scope of allowed letter modifications will be expanded to include modifications that currently cost more than the proposed fees for letter modifications. The proposed rule amendment would: (1) create a $100 fee for letter modifications of Chapter 40C-2 (individual) CUPs; and (2) create a $50 fee for letter modifications of Chapter 40C-20 (standard general) CUPs.

40C-8: Minimum Surface Water Levels and Flows and Groundwater Levels – Six East Central Florida Lakes [ Updated on 10/12/2010 ]

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to (1) adopt minimum water levels for the following lakes in the following counties: Lake Avalon and Lake Hiawassee in Orange County, and Johns Lake in Lake and Orange Counties; and (2) amend established minimum water levels for the following lakes in the following counties: Indian Lake in Volusia County, Lake Prevatt in Orange County, and Sylvan Lake in Seminole County.

40C-8: Minimum Surface Water Levels and Flows and Groundwater Levels – East Central Florida Lakes and Springs [ Posted on 12/29/2010 ]

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to (1) adopt minimum median of annual median spring flows for the following two springs in Volusia County: Green Springs and Ponce de Leon Springs; (2) adopt minimum levels for Lake Butler Chain-of-Lakes and Lake Doyle in Volusia County; and (3) amend established minimum surface water levels for South Apshawa Lake and North Apshawa Lake in Lake County.

40C-8: Minimum Surface Water Levels and Flows and Groundwater Levels – Northeast Florida Lakes [ Posted on 12/29/2010 ]

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to amend established minimum water levels for the following lakes in the following counties: Lake Geneva in Clay County, and Cowpen Lake and Lake Tarhoe in Putnam County.