Florida Regulations 62-40.610: Review and Application
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(1) This chapter shall be reviewed periodically, but in no case less frequently than once every four years.
(2) Within 12 months after adoption or revision of this chapter, the Districts shall have revised their rules and reviewed their programs to be consistent with the provisions contained herein.
(3) District rules adopted after this chapter takes effect shall be reviewed by the Department for consistency with this chapter.
(4) At the request of the Department, each District shall initiate rulemaking pursuant to Florida Statutes Chapter 120, to consider changes the Department determines to be necessary to assure consistency with this chapter. The Department shall be made a party to the proceeding.
(5) District water policies may be adopted which are consistent with this chapter, but which take into account differing regional water resource characteristics and needs.
(6) A District shall initiate rulemaking or program review to consider implementation of programs pursuant to Sections 373.033, 373.042, 373.106, Part II, Part III, or Part IV of Florida Statutes Chapter 373, where the Department or District determines that present or projected conditions of water shortages, saltwater intrusion, flooding, drainage, or other water resource problems, prevent or threaten to prevent the achievement of reasonable-beneficial uses, the protection of fish and wildlife, or the attainment of other water resource implementation rule directives.
(7) The Department and Districts shall assist other governmental entities in the development of plans, ordinances, or other programs to promote consistency with this chapter and District water management plans.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.103, 373.106, 373.114, 373.171, 373.1961, 373.223, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History-New 5-5-81, Formerly 17-40.10, 17-40.100, Amended 12-17-91, Formerly 17-40.601, Formerly 17-40.610, Amended 7-20-95, 5-7-05.
(3) District rules adopted after this chapter takes effect shall be reviewed by the Department for consistency with this chapter.
(4) At the request of the Department, each District shall initiate rulemaking pursuant to Florida Statutes Chapter 120, to consider changes the Department determines to be necessary to assure consistency with this chapter. The Department shall be made a party to the proceeding.
(5) District water policies may be adopted which are consistent with this chapter, but which take into account differing regional water resource characteristics and needs.
(6) A District shall initiate rulemaking or program review to consider implementation of programs pursuant to Sections 373.033, 373.042, 373.106, Part II, Part III, or Part IV of Florida Statutes Chapter 373, where the Department or District determines that present or projected conditions of water shortages, saltwater intrusion, flooding, drainage, or other water resource problems, prevent or threaten to prevent the achievement of reasonable-beneficial uses, the protection of fish and wildlife, or the attainment of other water resource implementation rule directives.
(7) The Department and Districts shall assist other governmental entities in the development of plans, ordinances, or other programs to promote consistency with this chapter and District water management plans.
Rulemaking Authority 373.026(7), 373.036(1)(d), 373.043, 373.171 FS. Law Implemented 373.023, 373.026, 373.033, 373.036(1)(d), 373.0391, 373.0395, 373.042, 373.0421, 373.103, 373.106, 373.114, 373.171, 373.1961, 373.223, 373.246, 373.250, 373.418, 403.064, 403.0891 FS. History-New 5-5-81, Formerly 17-40.10, 17-40.100, Amended 12-17-91, Formerly 17-40.601, Formerly 17-40.610, Amended 7-20-95, 5-7-05.