(1) Applications for permits required by this chapter shall include:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Florida Regulations 40A-44.101

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
    (a) Form No. A44-A, Surface Water Management Permit Application, amended 7-1-98, which is hereby incorporated by reference. A copy of which can be obtained by contacting the District, or online at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02964 or the District’s website www.nwfwater.com;
    (b) The information required in Florida Statutes § 373.413(2);
    (c) Drawings, calculations, and engineering details sufficient to define the nature, scope, intent and functioning of the proposed project. This information shall include the following:
    1. The area of innundation depicted on a topographic map,
    2. Hydraulic calculations; and,
    3. Flow characteristics;
    (d) Information supporting the agricultural status of the property which shall include:
    1. A Soil and Water Conservation District approved conservation plan, or a notice of intent to participate in the appropriate Best Management Practices program offered by the Florida Department of Agriculture and Consumer Services,
    2. A copy of the receipt of application for agricultural classification of the property (Green Card); and,
    3. A Farm Service Agency (FSA) farm number.
    4. An Affidavit of Agricultural Status, Form A44-E, effective 7-1-92, which is hereby incorporated by reference, copies of which can be obtained by contacting the District or online at http://www.flrules.org/Gateway/Reference.asp?No=Ref-02968, or the District’s website www.nwfwater.com, may be substituted for the ASCS farm number and verification of agricultural classification. In areas of changing land uses, from agricultural to other uses, an affidavit is required;
    (e) The name, address and zip code of all property owners adjacent to the affected water body that are immediately downstream of the property upon which the proposed project will take place;
    (f) An inventory of the wetland impacts of the project which shall include: total wetlands on site, wetlands permanently lost, wetlands temporarily disturbed, wetlands created, wetlands improved, and other site specific wetland information;
    (g) An inventory of endangered or threatened species, and species of special concern known to occur on the site, as listed pursuant to Rules 5B-40.0055, 68A-27.003, and 68A-27.005, F.A.C.; Section 581.185(2)(b), and (h), F.S.; and 50 C.F.R. § 17.11-12; and,
    (h) Other site specific information as necessary to support the reasonable assurances determination pursuant to subsection 40A-44.301(2), F.A.C.
    (2) The application must be signed by the owner or his authorized agent, if applicable.
    (3) The District shall require the applicant to submit other pertinent information deemed necessary for evaluating the application.
Rulemaking Authority 373.044, 373.113, 373.418 FS. Law Implemented 373.116, 373.118, 373.406(5), 373.413, 373.416, 373.426 FS. History-New 10-1-84, Amended 7-1-92, 8-6-13, 3-27-17.