Florida Regulations 5M-15.006: Binding Determination Process
Current as of: 2024 | Check for updates
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(1) In support of a request for a binding determination as to whether an existing or proposed activity qualifies for the exemption in Florida Statutes § 373.406(2), the Department shall obtain the following documentation, as needed to address questions in dispute. Maps may be combined, as appropriate and feasible.
(a) From the landowner:
1. A written description of the existing or proposed activities and the reasons the landowner considers the activities to be exempt from permitting.
2. For newly proposed activities, construction drawings (e.g., plan view, cross-sectionals).
3. Onsite digital photographs. These may be obtained by the Department during a site visit.
(b) From the water management district or other appropriate source:
1. A project location map (include section/township/range, property boundary, major roads).
2. Soils map.
3. A map of hydrologic features, including wetlands, lakes, streams, and reservoirs; and canals, ditches, and other excavated areas.
4. United States Geological Survey topographic quadrangle map or a more recent topographic map.
5. Historical and recent aerial photographs.
(2) To the extent of the available information, the water management district shall provide a detailed written description and the location of each activity that is in dispute, the dates that any existing activities occurred, the impacts the district is associating with each existing or proposed activity, and the specific regulation(s) under which the water management district is asserting permitting authority.
(3) The steps the Department will take to arrive at a binding determination include, but are not limited to:
(a) Confirm that the eligibility requirements in Fl. Admin. Code R. 5M-15.003, are met.
(b) Review the information listed in subsections (1) and (2) of this section.
(c) Schedule and conduct a site visit. Information collected during a site visit may include:
1. Field notes that characterize the type of farming operation.
2. In-situ measurements, including soil borings.
3. Identification of gravity drainage, pumped outfall areas, and flow notations.
4. Digital photographs.
5. Interviews with individuals knowledgeable about the operation.
(d) Consult best management practices applicable to the operation and adopted by rule of the Department in Title 5M, F.A.C.
(e) Request additional information from the water management district or the landowner, as needed and feasible.
(4) Based on the information obtained pursuant to this section, the Department will evaluate whether the landowner meets the criteria listed in Fl. Admin. Code R. 5M-15.005, and will formulate a report containing a binding determination. In the report, the Department will explain the basis for its conclusions and provide references to any documents or other sources of information or guidance used in making its determination. The Department will send the written report, by regular or electronic mail, to the affected water management district and landowner.
Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History-New 10-14-12.
1. A written description of the existing or proposed activities and the reasons the landowner considers the activities to be exempt from permitting.
2. For newly proposed activities, construction drawings (e.g., plan view, cross-sectionals).
3. Onsite digital photographs. These may be obtained by the Department during a site visit.
(b) From the water management district or other appropriate source:
1. A project location map (include section/township/range, property boundary, major roads).
2. Soils map.
3. A map of hydrologic features, including wetlands, lakes, streams, and reservoirs; and canals, ditches, and other excavated areas.
4. United States Geological Survey topographic quadrangle map or a more recent topographic map.
5. Historical and recent aerial photographs.
(2) To the extent of the available information, the water management district shall provide a detailed written description and the location of each activity that is in dispute, the dates that any existing activities occurred, the impacts the district is associating with each existing or proposed activity, and the specific regulation(s) under which the water management district is asserting permitting authority.
(3) The steps the Department will take to arrive at a binding determination include, but are not limited to:
(a) Confirm that the eligibility requirements in Fl. Admin. Code R. 5M-15.003, are met.
(b) Review the information listed in subsections (1) and (2) of this section.
(c) Schedule and conduct a site visit. Information collected during a site visit may include:
1. Field notes that characterize the type of farming operation.
2. In-situ measurements, including soil borings.
3. Identification of gravity drainage, pumped outfall areas, and flow notations.
4. Digital photographs.
5. Interviews with individuals knowledgeable about the operation.
(d) Consult best management practices applicable to the operation and adopted by rule of the Department in Title 5M, F.A.C.
(e) Request additional information from the water management district or the landowner, as needed and feasible.
(4) Based on the information obtained pursuant to this section, the Department will evaluate whether the landowner meets the criteria listed in Fl. Admin. Code R. 5M-15.005, and will formulate a report containing a binding determination. In the report, the Department will explain the basis for its conclusions and provide references to any documents or other sources of information or guidance used in making its determination. The Department will send the written report, by regular or electronic mail, to the affected water management district and landowner.
Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS. History-New 10-14-12.