Rulemaking and Regulatory Meetings

PURPOSE & EFFECT: The proposed rules address comments received from the Joint Administrative Procedures Committee to remove the word “may” in Rules 40E-21.221, .251, .271, .275 .and .551, F.A.C., and delete unnecessary language in Rule 40E-21.421, F.A.C.

STATUS: The Governing Board authorized publication of the Notice of Proposed Rule on July 12, 2018, and adopted the proposed rules, provided that no changes are made and no comments or requests for hearing are received within 21 days of publication of the notice.  A public hearing will be held only if requested on September 13, 2018, beginning at 9:00 a.m., South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, FL 33406.

DOCUMENTS & DRAFTS:

• Notice of Proposed Rule – July 12, 2018
• Draft Notice of Rule Development [PDF]
• Memorandum to Governing Board Re: Chapter 40E-21, Water Shortage Plan – May 10, 2018 [PDF]
• Draft Amendments to Chapter 40E-21, Water Shortage Plan [PDF]

PURPOSE: By November 1 of each year, the District is required by statute to publish a notice of rule development for items in its Regulatory Plan resulting from new laws. In 2016, the Florida Legislature amended Section 373.4595, Florida Statutes (F.S.), the Northern Everglades and Estuaries Protection Program (NEEPP), directing the District and FDEP to provide a water quality monitoring program for nonpoint source dischargers not implementing Best Management Practices in the Northern Everglades Watersheds, as required by Section 403.067, F.S. Specifically, NEEPP directs the District to amend Chapter 40E-61, Florida Administrative Code (F.A.C.) and to adopt new rules. The existing rules govern specified basins within the District which are integral to operation, maintenance, and protection of District water resources. The rules name and adopt “Works of the District” canals, water control structures, rights-of-way, lakes and streams, and other water resources for which the District has responsibility or owns. The rules establish criteria to ensure that use of or connection to the named works or lands are compatible with the District’s ability to carry out the objectives of legislative declarations of policy in Sections 373.016 and 373.451 - 373.4595, F.S. The rules will be amended to be consistent with FDEP’s rulemaking efforts resulting from NEEPP directives.

STATUS: The Notice of Rule Development was published in the Florida Administrative Register on November 1, 2016. As this will be a multi-agency coordination effort with multiple aligning procedural steps, formal activities associated with this effort are anticipated to begin no earlier than January 2017.

• Notice of Rule Development [PDF]

The Florida Department of Environmental Protection (DEP) is in the rulemaking process to amend rules in Chapter 62-330, F.A.C., and the Environmental Resource Permit Applicant's Handbook Volume I. The amendments to Chapter 62-330, F.A.C., streamline regulatory processes, provide clarifications, make technical corrections, reduce redundant submittal requirements, improve cooperation with federal permitting programs, revise the application and notice form and provide exemptions for certain de minimis activities.

For more information about the rulemaking process, visit DEP's website at floridadep.gov/water/water/content/water-resource-management-rules-development. (OGC No. 0376)

The Notice of Proposed Rule is also available on the Department of State’s website at  www.flrules.org/Gateway/View_notice.asp?id=20000253.