Florida Regulations 40E-6.221: Conditions for Issuance of Standard Permits
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(1) The District has determined that certain uses shall be authorized under a standard permit when located in an authorized zone and when they comply with the criteria established in the Basis of Review, incorporated by reference in Fl. Admin. Code R. 40E-6.091 These uses are set forth in the Permit Index Chart included in the Basis of Review.
(2) The District has determined that certain uses, not eligible for a notice general permit shall be authorized under a standard permit when located in an authorized zone and when they comply with the criteria established in the Criteria Manual, incorporated by reference in Fl. Admin. Code R. 40E-6.091 These uses are set forth in the Permit Index Chart included in the Criteria Manual.
(3) In determining whether a permit should be issued, the District shall consider whether the activity unduly burdens the District’s interests. In making this decision, the District shall weigh the following critical factors:
(a) Interferes with the present or future construction, alteration, operation or maintenance of the works or lands of the District;
(b) Is consistent with the policy and objectives of Florida Statutes Chapter 373, including the legislative declaration of policy contained in Florida Statutes § 373.016
(c) Has an actual or potential negative impact upon environmentally sensitive areas, which include: wetlands; endangered or threatened species habitat; aquatic preserves; Outstanding Florida Waters; Class I or Class II waters; federal, state and privately owned parks and wildlife management areas; designated areas of critical state concern; lands purchased by federal, state and local governments for the purpose of environmental protection, water resource protection and aesthetics; and lands which contain native terrestrial plant species in significant amounts. Environmentally sensitive areas include areas on and off-site that are affected by activities which occur on, or are initiated from, the works of the District;
(d) Degrades water quality within the receiving water body or fails to meet the provisions of Florida Statutes Chapter 373, the state water policy, and Title 40E, F.A.C.;
(e) Involves a discharge of wastewater from a new wastewater source or an increased discharge from an existing wastewater source;
(f) Will discharge debris or aquatic weeds into works of the District or cause erosion or shoaling within the works of the District;
(g) Is supported by financial assurances, which will ensure that the proposed activity will be conducted in accordance with Florida Statutes Chapter 373, and Chapter 40E 6, F.A.C.;
(h) Interferes with scientific activities;
(i) Presents an increased liability risk to the District;
(j) Meets the general and specific criteria in the Criteria Manual which is incorporated by reference in Fl. Admin. Code R. 40E-6.091;
(k) Interferes with actual or potential public use of the District’s works or lands, including public recreational or other facilities not within the District’s works;
(l) Meets applicable criteria in Chapter 40E 61, F.A.C.
(m) The natures of the District’s property interest.
(n) Any and all above-ground facilities located within the clear 40 foot wide right of way, as set forth in subsection 40E-6.011(4), F.A.C., or within the right of way at locations where the right of way is less than 40 feet wide, as measured from the top of the canal bank landward, are prohibited, except for:
1. Safety features associated with public works projects; and
2. Installations necessary to support District works, including but not limited to utilities.
(4) The District shall consider a permit applicant’s past and present violation of any District rules or permit conditions, including enforcement action, when determining whether the applicant has provided reasonable assurances that District standards will be met.
(5) Activities which can be carried out through the District’s real property acquisition and disposal policy will not be eligible for a permit under this chapter.
(6) The District shall also consider the cumulative impact of allowing the proposed use. Based upon the cumulative impact of allowing similar uses in the affected area, the District shall deny uses which appear insignificant with regard to the above criteria if the cumulative impact is significant.
(7) The structural integrity of bridges across District works or lands shall be certified by a professional engineer registered in the State of Florida, except as provided in Florida Statutes § 471.003
(8) In those instances where the District does not own the underlying fee simple title, it shall be the responsibility of the applicants to obtain approval from the owner of the underlying fee. The District does not, however, assume any duty to protect the legal rights of the underlying fee owner.
(9) Except for utilities, no commercial uses on the District’s fee-owned rights of way will be authorized by a Right of Way Occupancy Permit. However, applicants may apply for such use in accordance with the District’s real estate or leasing policies. Commercial use of the District’s non fee-owned rights of way by the underlying fee-owner shall be authorized under a right of way occupancy permit provided such authorizations are determined to be in accordance with those determining factors set forth in subsection 40E-6.221(3), F.A.C..
(10) Except for utilities and governmental entities, an applicant must own or lease the land underlying or adjacent to or served by the portion of the works or lands of the District involved.
(11) In addition to the requirements and restrictions set forth in subsections (1) through (9), the District, due to its proprietary interest in its lands and works, possesses and exercises all the rights and remedies available to owners of real property through statutory and common law.
(12) The Limiting Conditions set forth in Fl. Admin. Code R. 40E-6.361 shall be incorporated into every Permit issued.
(13) Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.117, 471.003 FS. History New 9-15-99, Amended 8-12-13.
Terms Used In Florida Regulations 40E-6.221
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) In determining whether a permit should be issued, the District shall consider whether the activity unduly burdens the District’s interests. In making this decision, the District shall weigh the following critical factors:
(a) Interferes with the present or future construction, alteration, operation or maintenance of the works or lands of the District;
(b) Is consistent with the policy and objectives of Florida Statutes Chapter 373, including the legislative declaration of policy contained in Florida Statutes § 373.016
(c) Has an actual or potential negative impact upon environmentally sensitive areas, which include: wetlands; endangered or threatened species habitat; aquatic preserves; Outstanding Florida Waters; Class I or Class II waters; federal, state and privately owned parks and wildlife management areas; designated areas of critical state concern; lands purchased by federal, state and local governments for the purpose of environmental protection, water resource protection and aesthetics; and lands which contain native terrestrial plant species in significant amounts. Environmentally sensitive areas include areas on and off-site that are affected by activities which occur on, or are initiated from, the works of the District;
(d) Degrades water quality within the receiving water body or fails to meet the provisions of Florida Statutes Chapter 373, the state water policy, and Title 40E, F.A.C.;
(e) Involves a discharge of wastewater from a new wastewater source or an increased discharge from an existing wastewater source;
(f) Will discharge debris or aquatic weeds into works of the District or cause erosion or shoaling within the works of the District;
(g) Is supported by financial assurances, which will ensure that the proposed activity will be conducted in accordance with Florida Statutes Chapter 373, and Chapter 40E 6, F.A.C.;
(h) Interferes with scientific activities;
(i) Presents an increased liability risk to the District;
(j) Meets the general and specific criteria in the Criteria Manual which is incorporated by reference in Fl. Admin. Code R. 40E-6.091;
(k) Interferes with actual or potential public use of the District’s works or lands, including public recreational or other facilities not within the District’s works;
(l) Meets applicable criteria in Chapter 40E 61, F.A.C.
(m) The natures of the District’s property interest.
(n) Any and all above-ground facilities located within the clear 40 foot wide right of way, as set forth in subsection 40E-6.011(4), F.A.C., or within the right of way at locations where the right of way is less than 40 feet wide, as measured from the top of the canal bank landward, are prohibited, except for:
1. Safety features associated with public works projects; and
2. Installations necessary to support District works, including but not limited to utilities.
(4) The District shall consider a permit applicant’s past and present violation of any District rules or permit conditions, including enforcement action, when determining whether the applicant has provided reasonable assurances that District standards will be met.
(5) Activities which can be carried out through the District’s real property acquisition and disposal policy will not be eligible for a permit under this chapter.
(6) The District shall also consider the cumulative impact of allowing the proposed use. Based upon the cumulative impact of allowing similar uses in the affected area, the District shall deny uses which appear insignificant with regard to the above criteria if the cumulative impact is significant.
(7) The structural integrity of bridges across District works or lands shall be certified by a professional engineer registered in the State of Florida, except as provided in Florida Statutes § 471.003
(8) In those instances where the District does not own the underlying fee simple title, it shall be the responsibility of the applicants to obtain approval from the owner of the underlying fee. The District does not, however, assume any duty to protect the legal rights of the underlying fee owner.
(9) Except for utilities, no commercial uses on the District’s fee-owned rights of way will be authorized by a Right of Way Occupancy Permit. However, applicants may apply for such use in accordance with the District’s real estate or leasing policies. Commercial use of the District’s non fee-owned rights of way by the underlying fee-owner shall be authorized under a right of way occupancy permit provided such authorizations are determined to be in accordance with those determining factors set forth in subsection 40E-6.221(3), F.A.C..
(10) Except for utilities and governmental entities, an applicant must own or lease the land underlying or adjacent to or served by the portion of the works or lands of the District involved.
(11) In addition to the requirements and restrictions set forth in subsections (1) through (9), the District, due to its proprietary interest in its lands and works, possesses and exercises all the rights and remedies available to owners of real property through statutory and common law.
(12) The Limiting Conditions set forth in Fl. Admin. Code R. 40E-6.361 shall be incorporated into every Permit issued.
(13) Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.085, 373.086, 373.117, 471.003 FS. History New 9-15-99, Amended 8-12-13.