Florida Regulations 40D-1.602: Permits Required
Current as of: 2024 | Check for updates
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Unless expressly exempt by law or District rule, or authorized pursuant to Florida Statutes § 403.814(12), the following permits shall be obtained from the District prior to commencement of the following activities:
(1) A water use permit (WUP) under Fl. Admin. Code Chapter 40D-2, must be obtained prior to the consumptive use of water;
(2) A well construction permit under Fl. Admin. Code Chapter 40D-3, must be obtained prior to the construction, repair or abandonment of a well.
(3) An individual, or general permit under Fl. Admin. Code Chapter 62-330, for activities occurring as of October 1, 2013, or a permit under Chapter 40D-4 or 40D-40, F.A.C., for activity grandfathered under the provisions of Section 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S., must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface water or stormwater management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling, as prescribed by Fl. Admin. Code Chapter 62-330, or District rules. An individual permit is required for the establishment and operation of mitigation banks.
(4) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on state-owned lands. Such authorization shall be reviewed by the District for activities which also require an environmental resource permit (ERP) or exemption under Chapter 62-330, 40D-4, or 40D-40, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., under Florida Statutes § 373.427, Chapters 18-20 and 18-21 and Rules 62-312.065 and 62-343.075, F.A.C.
Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.4136, 373.414, 373.418 FS. Law Implemented 373.106, 373.118, 373.171, 373.216, 373.219, 373.308, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, 380.06(9) FS. History-New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05, 6-29-14, 2-18-15.
(2) A well construction permit under Fl. Admin. Code Chapter 40D-3, must be obtained prior to the construction, repair or abandonment of a well.
(3) An individual, or general permit under Fl. Admin. Code Chapter 62-330, for activities occurring as of October 1, 2013, or a permit under Chapter 40D-4 or 40D-40, F.A.C., for activity grandfathered under the provisions of Section 373.4131(4), 373.414(11), (12)(a), (13), (14), (15), or (16), F.S., must be obtained prior to construction, alteration, abandonment, operation, or removal, of any surface water or stormwater management system, dam, impoundment, reservoir, appurtenant work or works, including dredging or filling, as prescribed by Fl. Admin. Code Chapter 62-330, or District rules. An individual permit is required for the establishment and operation of mitigation banks.
(4) A proprietary authorization is required by Chapters 253 and 258, F.S., for activities which are located on state-owned lands. Such authorization shall be reviewed by the District for activities which also require an environmental resource permit (ERP) or exemption under Chapter 62-330, 40D-4, or 40D-40, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., under Florida Statutes § 373.427, Chapters 18-20 and 18-21 and Rules 62-312.065 and 62-343.075, F.A.C.
Rulemaking Authority 373.044, 373.113, 373.118, 373.149, 373.171, 373.4136, 373.414, 373.418 FS. Law Implemented 373.106, 373.118, 373.171, 373.216, 373.219, 373.308, 373.323, 373.413, 373.4136, 373.414, 373.416, 373.418, 373.426, 380.06(9) FS. History-New 10-1-84, Amended 12-22-94, 10-16-96, 2-14-00, 9-26-02, 6-5-05, 6-29-14, 2-18-15.