Rulemaking and Regulatory Meetings

PURPOSE: The Northern Everglades and Estuaries Protection Program (NEEPP or Section 373.4595, Florida Statutes) directs the Florida Department of Environmental Protection (FDEP), the Florida Department of Agriculture and Consumer Services (FDACS), and the South Florida Water Management District (District) to work together to reduce pollutants and achieve water quality standards in the Lake Okeechobee, St. Lucie River, and Caloosahatchee River watersheds through the Department of Environmental Protection’s (FDEP) Basin Management Action Plans (BMAPs) and Total Maximum Daily Loads (TMDLs) program (Section 403.067, F.S.). 

The District is required by law to, at a minimum: 

• Amend Chapter 40E-61 of the Florida Administrative Code, also known as the Lake Okeechobee Works of the District Basin rule, to be consistent with NEEPP and Section 403.067; 
• Adopt new rules for the Caloosahatchee and St. Lucie River Watersheds; 
• Provide a water quality monitoring program for nonpoint source dischargers required to monitor under Section 403.067, Florida Statutes; and 
• Provide for the results of that monitoring to be reported to the coordinating agencies.

Based on this legislative directive, the District will undergo rulemaking to amend 40E-61 with for extensive public engagement.

A preliminary public workshop schedule and maps of potentially affected geographic areas may be reviewed at the following links.

Preliminary Workshop Schedule

Map of current Chapter 40E-61, F.A.C., regulated boundary and Northern Everglades and Estuaries Protection Program Boundaries 

CONTACT: Steffany Olson, Science Supervisor, 561-682-2759, solson@sfwmd.gov

STATUS: 

• At the August 8, 2019, Governing Board meeting, Discussion Agenda item 26, “Process for Amending Chapter 40E-61, Florida Administrative Code (F.A.C.), Lake Okeechobee Works of the District Basin Rules” was presented. The presentation and handouts may be reviewed at the following link. 

         Link to Process for Amending Chapter 40E-61, F.A.C., presentation

         Link to handouts

• At the September 12, 2019, Governing Board meeting, Consent Agenda item 27, “Fiscal Year 2019-2020 Annual Regulatory Plan”,  the Governing Board approved staff to certify to the Joint Administrative Procedure Committee that the Governing Board reviewed the Annual Regulatory Plan and that the District reviewed its rules to determine if they remain consistent with the District’s rulemaking authority and the laws implemented. Chapter 40E-61, F.A.C., is listed in Part III of the plan. The plan may be reviewed at the link below.

         SFWMD Fiscal Year 2019-2020 Annual Regulatory Plan

• At the October 10, 2019, Governing Board meeting, Discussion Agenda item 24, “Initiate Rule Development to Revise Chapter 40E-61, Florida Administrative Code, Works of the District Notice of Rule Development”, the Governing Board authorized staff to publish a Notice of Rule Development to begin the rule development process and to hold public workshops to seek stakeholder input.

Chapter 40E- 61, Florida Administrative Code, Works of the District Notice of Rule Development presentations and handouts

REQUEST TO BE ADDED TO THE STAKEHOLDER NOTICE LIST

LEAVE A COMMENT ON RULE AMENDMENTS 

Please note that all comments received are public record and will be posted at the link below.

View Public Comments Submitted