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photo of torn paper revealing the word rules

Rulemaking and Regulatory Meetings

Regulation Rulemaking / Rules In Development

Kissimmee Basin Water Reservation
EAA Reservoir Water Reservation

Amendments to Chapter 40E-61, F.A.C., Works of the District Basins

PURPOSE:

The Northern Everglades and Estuaries Protection Program (NEEPP; Section 373.4595, Florida Statutes [F.S.]) 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 FDEP Basin Management Action Plans (BMAPs) and Total Maximum Daily Load (TMDL) program (Section 403.067, F.S.). 

Watershed Protection Plans (WPPs) developed by the District are used to inform FDEP’s BMAP updates and, when combined with information from other agencies, support development of future restoration activities to meet the TMDLs in the Northern Everglades watersheds. Further information on the WPPs is available at www.sfwmd.gov/wpps. One component under the WPP programs is regulatory programs, including Chapter 40E-61.

Based on NEEPP direction, the District initiated rulemaking to: 

  • Amend Chapter 40E-61 of the Florida Administrative Code (F.A.C.), also known as the Lake Okeechobee Works of the District Basin rule, to be consistent with NEEPP and Section 403.067 F.S.; 
  • 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 F.S.; and 
  • Provide for the results of that monitoring to be reported to the coordinating agencies.

LATEST INFORMATION

  • 40E-61 Notice of Proposed Rule, published February 19, 2021
  • New DBHydro Insights: To sign up to volunteer to take part in SFWMD beta testing focus group, go to the following link: DBHydroInsights

REFERENCES 

  • Draft Notice of Proposed Rule, 40E-61, F.A.C. (dated January 27, 2021)
  • Draft 40E-61, F.A.C. Rule Text (prior version, dated October 30, 2020)
  • Draft 40E-61, F.A.C. Rule Text (prior version, dated April 30, 2020)
  • Interagency Agreement between the Coordinating Agencies (SFWMD, FDEP, and FDACS)

WHO IS AFFECTED? 

Maps of potentially affected geographic areas may be viewed at the following link:

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

PUBLIC ENGAGEMENT 

SFWMD has encouraged extensive public engagement through this website and prior public workshops located throughout the Northern Everglades (see Process and Information below). Public involvement is further encouraged for the Notice of the Proposed Rule at the February 11, 2021 Governing Board meeting.

All comments received by SFWMD on the draft rule, regardless of how they were submitted, are public record and are posted at the link below. 

View 40E-61 Public Comments Submitted to SFWMD

WHO TO CONTACT FOR MORE INFORMATION:

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

PROCESS AND INFORMATION:

  • Draft Rule Public Workshops: A presentation was provided by Steffany Olson followed by questions and comments (summarized at the link above to "View 40E-61 Public Comments Submitted to SFWMD").
    • November 17, 2020: Zoom virtual workshop
      • Meeting Agenda
      • Meeting Presentation
      • DBHydro Insights Video 
      • Meeting Video

    • June 3, 2020: Zoom virtual workshop
      • Meeting Agenda
      • Meeting Presentation
      • Meeting Video

      •  
    • May 21, 2020: Zoom virtual workshop
      • Meeting Agenda
      • Meeting Presentation
      • Meeting Video

      •  
    • May 19, 2020: Zoom virtual workshop
      • Meeting Agenda
      • Meeting Presentation
      • Meeting Video

  • Rule Concepts Public Workshops: A presentation was provided by Steffany Olson followed by questions and comments (summarized at the link above to "View 40E-61 Public Comments Submitted to SFWMD").
    • November 20, 2019: West Palm Beach, Florida 
      • West Palm Beach Meeting Agenda
      • West Palm Beach Presentation 
      • West Palm Beach Meeting Sign-In Sheets
      • Meeting Handouts 
      • Meeting Video

      •  
    • November 19, 2019: Stuart, Florida 
      • Stuart Meeting Agenda 
      • Stuart Presentation 
      • Stuart Meeting Sign-In Sheets 
      • Meeting Handouts 
      • Meeting Video 

      •  
    • November 19, 2019:  Kissimmee, Florida
      • Kissimmee Meeting Agenda
      • Kissimmee Presentation 
      • Kissimmee Meeting Sign-In Sheets
      • Meeting Handouts
      • Meeting Video

      •  
    • November 15, 2019: Fort Myers, Florida
      • Fort Myers Meeting Agenda
      • Fort Myers Presentation 
      • Fort Myers Meeting Sign-In Sheets
      • Meeting Handouts 
      • Meeting video

      •  
    • November 5, 2019: Okeechobee, Florida
      • Okeechobee Meeting Agenda
      • Okeechobee Presentation 
      • Meeting Sign-In Sheets
      • Meeting Handouts
      • Meeting Video

      •  
  • SFWMD Press Releases for Rule Workshops:  
    • November 4, 2020 Press Release
    • November 4, 2019 Press Release

  • Governing Board Meetings:

    • February 11, 2021: Governing Board meeting, Discussion Agenda item 28, “Notice of Proposed Amendments to Chapter 40E-61, Florida Administrative Code, Rules 40E-61.010, 40E-61.030, 40E-61.200, 40E-61.220, 40E-61.250, 40E-61.260, 40E-61.280, and 40E-61.290 and Update on Northern Everglades Protection Planning. 
      • Meeting Presentation

    • July 9, 2020: Governing Board meeting, Discussion Agenda item 23, “Update on the Northern Everglades and Estuaries Protection Program”. This item provided a briefing on the District’s efforts in these watersheds including revising Chapter 40E-61, F.A.C., updating the Watershed Protection Plan for each watershed in NEEPP, and launching the expanded water quality monitoring network.
      • Meeting Presentation

    • October 10, 2019: Governing Board meeting, Discussion Agenda item 25, “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 Presentation

      •  
    • 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

      •  
    • 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. 
      • Process for Amending Chapter 40E-61, F.A.C., presentation
      • Presentation handouts

Caloosahatchee Minimum Flows and Minimum Water Levels Rule

Quarterly Regulatory Meetings

Changes in the Permit Review Process

A 2009 amendment to Chapter 373 of the Florida Statutes delegates to executive directors at the state's five water management districts the authority to approve permit applications related to water resources and the environment. To ensure continuing public involvement, the South Florida Water Management District is strengthening its commitment to transparency and open government by increasing public access to its permitting process via Regulatory Meetings held for the public.


If you wish to participate in Public Meetings to discuss Regulatory Matters but cannot attend them in West Palm Beach, you can interact and provide comments during video-conferences at these service centers.
 

  • Fort Myers Service Center
    2301 McGregor Boulevard
    Fort Myers, FL 33901
     
  • Okeechobee Service Center
    316 NW 5th Street
    Okeechobee, FL 34972
     
  • Orlando Service Center
    1707 Orlando Central Parkway, Suite 200
    Orlando, FL 32809


Meetings will also be webcast. You may also send comments to the District about applications for Consumptive Use Permits and Environmental Resource Permits through ePermitting.
 

Written comments can be mailed to:
South Florida Water Management District
Regulation - MSC 9610
3301 Gun Club Road
West Palm Beach, FL 33406

 

2020 REGULATORY PUBLIC MEETING DATES

All meetings start at 10 a.m. at SFWMD Headquarters in the B-1 Auditorium.

  • March 18, 2020 (cancelled)

  • June 17, 2020 (cancelled)

  • Sept. 16, 2020

  • Dec. 16, 2020


Contact:
Lisandra Jones
ljones@sfwmd.gov
(561) 682-6948
 

Public Meetings Archive (2009 - 2018)
  • January 17, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • February 2018
    CANCELED
     
  • March 2018
    CANCELED
     
  • April 18, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • May 2018
    CANCELED
     
  • June 20, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • July 18, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • August 15, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • September 19, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • October 17, 2018, Wednesday
    Agenda [PDF] or Minutes [PDF] or Video
     
  • November 14, 2018, Wednesday
    Agenda [PDF]
     
  • December 19, 2018, Wednesday
    CANCELED

Archived Regulatory Public Meeting Agendas »

Archived Regulatory Public Meeting Minutes »

NOTE: These meetings were canceled:
June 14, 2017
November 21, 2012
July 18, 2012

Related Links

  • Chapter 40E, F.A.C.
  • Florida Statutes – Chapter 373
  • Chapter 62-330, F.A.C.
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South Florida Water Management District

Contact Information

3301 Gun Club Road
West Palm Beach, FL 33406

561-686-8800

800-432-2045 (Florida Only)

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