PERMIT INFORMATION MANUAL (1999)

SFWMD

VOLUME V

PERMIT INFORMATION MANUAL

Criteria Manual

for

Use of Works of the District

September 15, 1999

TABLE OF CONTENTS

PAGES

I.

INTRODUCTION

Policy and Objective------------------------------------------------------------------------ 1

II.

RULES - UTILIZATION OF WORKS OF THE DISTRICT

Policy & Purpose (40E-6.011)------------------------------------------------------------ 4

Definitions (40E-6.021)-------------------------------------------------------------------- 6

Implementation (40E-6.031)-------------------------------------------------------------- 8

Consent Required (40E-6.041)----------------------------------------------------------- 8

Exemptions (40E-6.051)------------------------------------------------------------------- 9

Publications Incorporated by Reference (40E-6.091)---------------------------------- 10

SUBPART A - NOTICE GENERAL PERMITS

Content of Application (40E-6.101)------------------------------------------------------ 10

Conditions for Issuance of Notice General Permits (40E-6.121)--------------------- 11

SUBPART B - STANDARD PERMITS

Content of Application (40E-6.201)------------------------------------------------------ 12

Conditions for Issuance of Standard Permits (40E-6.221)----------------------------- 14

SUBPART C - GENERAL PROVISIONS

Access to Works and Lands of the District; Closures (40E-6.311)------------------- 15

Duration of Permits (40E-6.321)---------------------------------------------------------- 16

Modification of Permits (40E-6.331)----------------------------------------------------- 16

Revocation of Permits (40E-6.341)------------------------------------------------------- 17

Transfer of Permits and Transfer Fees (40E-6.351)------------------------------------ 18

Financial Assurances and Insurance (40E-6.361)--------------------------------------- 19

Limiting Conditions (40E-6.381)--------------------------------------------------------- 20

Emergency Authorizations (40E-6.451)-------------------------------------------------- 23

Emergency Measures (40E-6.481)-------------------------------------------------------- 23

Unlawful Use and Civil Penalties (40E-6.501)----------------------------------------- 24

Self Help (40E-6.521)---------------------------------------------------------------------- 25

Permit Application Processing Fees (40E-6.601)--------------------------------------- 25

III.

OPERATIONAL ZONES AND STAGING AREAS

Definition of Operational Zones---------------------------------------------------------- 28

Definition of Staging Areas---------------------------------------------------------------- 28

IV.

PERMIT INDEX-------------------------------------------------------------------------------- 29

Notice to Applicants ------------------------------------------------------------------------ 32

V.

APPLICATION PROCESSING FEE SCHEDULE------------------------------------- 33

VI.

EXEMPTIONS-----------------------------------------------------------------------------------38

(Includes List of Acceptable Groundcover Plantings)

VII.

REQUIREMENTS FOR DRAWINGS----------------------------------------------------- 49

VIII. CRITERIA – NOTICE GENERAL PERMITS

Access (temporary)------------------------------------------------------------------------- 50

Bridges--------------------------------------------------------------------------------------- 52

Culvert Connections------------------------------------------------------------------------ 55

Docks and Associated Facilities---------------------------------------------------------- 57

Fence Encroachments---------------------------------------------------------------------- 64

Filming/Motion Picture Production------------------------------------------------------ 66

Fire Hydrants-------------------------------------------------------------------------------- 68

Gazebos/Chickees-------------------------------------------------------------------------- 70

Monitoring Wells--------------------------------------------------------------------------- 71

i

TABLE OF CONTENTS

PAGES

Patio Stones, Walkways and Other Similar At-Grade Installations----------------- 72

Signs – Regulatory------------------------------------------------------------------------- 73

Storage (temporary)------------------------------------------------------------------------ 74

Utility Crossings and Installations------------------------------------------------------- 76

Vegetation Clearing/Removal------------------------------------------------------------ 85

IX.

BASIS OF REVIEW – STANDARD PERMITS

A. Bridge Crossing Criteria-------------------------------------------------------------------- 86

Bridge Designs Must be Certified---------------------------------------------------- 86

Safety Standards------------------------------------------------------------------------ 86

Load Ratings---------------------------------------------------------------------------- 86

Headloss Through Bridges------------------------------------------------------------ 86

Bridges Must Have Centerspan------------------------------------------------------- 86

Piles Must Align with Canal Flows-------------------------------------------------- 87

Canal Sideslope Stabilization--------------------------------------------------------- 87

Private Bridges-------------------------------------------------------------------------- 87

Future Bridge Alteration/Relocation------------------------------------------------- 87

Cross-Sections-------------------------------------------------------------------------- 87

B. Bridge Design Criteria

Coastal Canals-------------------------------------------------------------------------- 87

Dade County Area Canals------------------------------------------------------------- 88

Everglades Agricultural Area--------------------------------------------------------- 89

Kissimmee River Basin---------------------------------------------------------------- 89

West Palm Beach Canal (C-51)------------------------------------------------------- 90

Other Canals----------------------------------------------------------------------------- 91

Bridges Crossing Over Project Levees----------------------------------------------- 91

Trestle Type Bridges--------------------------------------------------------------------91

Guardrailing of Bridge Approaches-------------------------------------------------- 92

Establishing Low Member Elevations/Future Bridge Widening ---------------- 92

Crossings Over Open Channel Connections---------------------------------------- 85

Excavation Required in Conjunction with Bridge Construction----------------- 93

Culverts Installed in Lieu of Bridges------------------------------------------------ 93

C. Access Requirements------------------------------------------------------------------------ 94

D. Access Features------------------------------------------------------------------------------- 95

Berm Ramps----------------------------------------------------------------------------- 95

Curbs and Sidewalks--------------------------------------------------------------------95

Guardrail--------------------------------------------------------------------------------- 96

Medians---------------------------------------------------------------------------------- 96

Land Acquisition/Additional Right of Way----------------------------------------- 96

Relocations and Relocation Notification---------------------------------------------96

E. Use of or Connection to Project Culverts (Inlet Structures)---------------------------- 97

Method of Allocation of Benefits Derived From Inlet Structures---------------- 97

F. Culvert Connections

Connections to Canals---------------------------------------------------------------------- 98

Connections to Borrow Canals Through Project Levees------------------------------- 99

Skimmer Requirements--------------------------------------------------------------------- 99

G. Boat Docks and Associated Facilities----------------------------------------------------- 101

H. Pump Connections--------------------------------------------------------------------------- 105

I. Open Channel Connections----------------------------------------------------------------- 106

ii

TABLE OF CONTENTS

PAGES

X.

XI.

XII.

J. Wastewater Treatment Plant Effluent------------------------------------------------------ 107

K. “Air Space” Encroachment----------------------------------------------------------------- 108

L. Utility Crossings and Installations--------------------------------------------------------- 109

M. Access----------------------------------------------------------------------------------------- 114

N. Permanent and Semi-Permanent Above-Ground Structures or Uses----------------- 115

O. Water Conservation Area Lands----------------------------------------------------------- 116

P. Marinas----------------------------------------------------------------------------------------- 117

Q. Signs – Regulatory--------------------------------------------------------------------------- 119

R. Fence and Gates------------------------------------------------------------------------------ 120

S. Mitigation in Environmentally Sensitive Areas------------------------------------------ 122

T. Seawalls and Bulkheads--------------------------------------------------------------------- 123

U. Ramps – Boat and Watercraft Launching------------------------------------------------- 124

V. Filming/Motion Picture Production-------------------------------------------------------- 125

W. Landscaping, Linear Parks, Greenways--------------------------------------------------- 127

X. Fire Hydrants---------------------------------------------------------------------------------- 130

Y. Project Culverts (Inlet Structures)---------------------------------------------------------- 131

Z. Spoil Material--------------------------------------------------------------------------------- 132

STORMWATER TREATMENT AREAS---------------------------------------- 133

NON-ALLOWABLE USES---------------------------------------------------------------- 135

BIG CYPRESS BASIN CRITERIA------------------------------------------------ 140

Pile-Supported Docks and Piers----------------------------------------------------------- 141

A. Bridge Crossing Criteria

Bridge Designs Must be Certified--------------------------------------------------------- 142

Safety Standards------------------------------------------------------------------------------142

Load Ratings---------------------------------------------------------------------------------- 142

How to Obtain Water Elevations---------------------------------------------------------- 142

Bridges Must Have Center Span----------------------------------------------------------- 142

Piles Must Align with Canal Flows------------------------------------------------------- 143

Canal Sideslope Stabilization-------------------------------------------------------------- 143

Guardrailing of Bridge Approaches------------------------------------------------------- 143

Establishing a Low Member Elevation/Future Bridge Widening Considerations-- 143

Bridge Design with Regard to Hydraulics and Maintenance-------------------------- 143

Crossings Over Open Channel Connections--------------------------------------------- 144

Excavation Required in Conjunction with Bridge Construction-----------------------144

Culvert Bridges------------------------------------------------------------------------------- 144

Private Bridges------------------------------------------------------------------------------- 145

Cross-Sections-------------------------------------------------------------------------------- 145

Future Bridge Alteration/Relocation------------------------------------------------------ 145

B. Access Requirements------------------------------------------------------------------------ 145

C. Access Features------------------------------------------------------------------------------ 145

Berm Ramps---------------------------------------------------------------------------------- 146

Curbs and Sidewalks------------------------------------------------------------------------ 146

Guardrail-------------------------------------------------------------------------------------- 147

Medians--------------------------------------------------------------------------------------- 147

Land Acquisition/Additional Right of Way---------------------------------------------- 147

D. Bridge Design Criteria---------------------------------------------------------------------- 148

Quick Reference Table for Bridge Crossing Criteria (Big Cypress Basin)--------------- 156

iii

TABLE OF CONTENTS

PAGES

XIII.

XIV.

LIST OF WORKS AND LANDS OF THE DISTRICT---------------------- 161

SAMPLE ILLUSTRATIVE DRAWINGS

A-1

Pile-Supported Utility or Roadway Bridge Construction over Canals

A-2

Pile-Supported Utility or Roadway Bridge Construction over Levees

B-1

Culvert Connection to Canal

B-2

Pump Connection

C-1

Bulkhead/Seawall

D-1

Pile-Supported Dock

D-2

Dock Attached to Seawall

D-3

Free-Standing Dock

E-1

Minimum Wire Vertical Clearances

E-1A Minimum Wire Vertical Clearances Applicable to Stormwater Treatment Areas

E-2

Aerial/Pole Supported Utility Crossing

E-3

Bridge Attachment

E-4

Subaqueous Crossing

F-1

Irrigation Line and Fire-Fighting Draft Line

G-1

Quick Reference Table for Pile-Supported Crossings

Application Form NGP-1

Application Form SP-1

District’s Approved Species List for Plantings Within Rights of Way

iv

I.

INTRODUCTION

1.

Policy Statement

It is the policy of the South Florida Water Management District to allow adjacent owners,

governmental entities and utilities to utilize Works and Lands of the District provided that

the use does not adversely impact or interfere with the District's ability to utilize these lands

in any manner it sees fit in furtherance of the District's missions. In order that the District

can determine that a use of the right of way will not interfere with the District's objectives,

unless specifically exempt under the District’s Rules, the District requires that an individual

or entity desiring to utilize the District's rights of way first obtain approval before any

activity begins within the District's rights of way. (Please refer to the “Exemptions”

section of this manual for information on exempt uses of the right of way and related

criteria).

It is the District's position that construction on, or use of, the District's rights of way without

obtaining prior approval is an act of bad faith which will be taken into consideration in the

review of any request the user may subsequently make or in such compliance action as

the District make elect to initiate.

2.

Objective

The purpose of this manual is to provide information which describes the Rules and criteria

which relates to the utilization of Works and Lands of the District.

This manual is used as a guideline by the District staff in reviewing proposals for the

issuance of permits. The Rules and criteria contained herein are subject to change by the

Governing Board of the District.

The criteria in this manual has been developed and refined over a period of 50 years. This

criteria has been established to allow the most liberal use of the right of way possible by

members of the public without interfering with the District's missions. The criteria

represents the minimum allowable conditions acceptable to the District. Please do not

consider it as the starting point or a basis for negotiations in an effort to have an

unacceptable use or facility approved.

The reader will note that the criteria is based on the District's need to access, operate and

maintain its canal and levee system. In order to do this, the District has made conscious

decisions on the width of the right of way necessary to perform various functions and has

acquired land or obtained sufficient property rights to perform its duties. Please keep in

mind that the South Florida Water Management District, and its predecessors (the Central

and Southern Florida Flood Control District and the Everglades Drainage District) have,

since 1915, gained an expertise in the amount of right of way which is necessary to

efficiently perform a variety of tasks.

While the amount or width of right of way varies somewhat depending on field conditions

and the types of equipment employed, it has been determined that an unencumbered strip

1

of land 40 feet in width is necessary in order to perform the majority of the maintenance

operations in the most expeditious and cost effective manner.

Many individuals have commented that they have never seen a piece of District

maintenance equipment working on the right of way behind their home. This may be true.

In some areas, the District has determined that routine maintenance, such as mowing, is

not needed on certain stretches of right of way. In these cases the only type of routine

maintenance which may be required is control of aquatic weeds and spraying of emergent

vegetation by means of boats. However, the District must maintain the operational

flexibility of being able to access and travel the right of way to perform certain emergency

activities such as removing sunken boats, trees or other storm debris which have blown

into the canal during a hurricane or other severe storm. Activities such as these cannot be

performed from boats, particularly during storms when canal levels can fluctuate greatly

and the canal is flowing rapidly.

2

CHAPTER 40E-6

WORKS OR LANDS OF THE DISTRICT

PART I

40E-6.011

40E-6.021

40E-6.031

40E-6.041

40E-6.051

40E-6.091

Policy and Purpose

Definitions

Implementation

Consent Required

Exemptions

Publications Incorporated by Reference

PART II – PERMITS

SUBPART A – NOTICE GENERAL PERMITS

40E-6.101 Content of Application

40E-6.121 Conditions for Issuance of Notice General Permits

SUBPART B –STANDARD PERMITS

40E-6.201 Content of Application

40E-6.221 Conditions for Issuance of Standard Permits

SUBPART C – GENERAL PROVISIONS

40E-6.311 Access to Works and Lands of the District; Closures

40E-6.321 Duration of Permits

40E-6.331 Modification of Permits

40E-6.341 Revocation of Permits

40E-6.351 Transfer of Permits

40E-6.361 Financial Assurances and Insurance

40E-6.381 Limiting Conditions

PART III - EMERGENCIES

40E-6.451

40E-6.481

Emergency Authorization

Emergency Measures

PART IV - VIOLATIONS

40E-6.501

40E-6.521

Unlawful Use

Self Help

and Civil Penalties

PART V – PROCESSING FEES

40E-6.601

Permit Application Processing Fees

3

PART I

40E-6.011 Policy and Purpose.

(1)

This chapter governs the use of or connection to works or lands of the

District. Conditions and criteria are established to ensure that uses are compatible with

the construction, operation, and maintenance of such works or lands.

(2)

Due to the critical importance of works and lands of the District in

providing flood protection and other benefits, it is considered essential that the District

retain complete dominion and control over the use of such works or lands, including

those subject to right of way occupancy permits. The District acts in a proprietary

capacity in acquiring lands or interests therein for utilization as works of the District.

These rules are based upon proprietary concepts of property law. A “permit” to utilize

works or lands of the District is a contract between the District and the “permittee,”

whereby the permittee obtains a license which is revocable at will, except as otherwise

provided herein. All risk of loss regarding expenditures in furtherance of the permitted

use is borne by the permittee. The District retains complete discretion as to the

manner, if any, in which works or lands of the District shall be utilized, and nothing in

these rules is intended to limit that discretion.

(3)

An exception to subsection (2), above, is made for governmental entities

and utilities, which may have their consent to utilize District works or lands revoked only

for cause, pursuant to the criteria set forth in this chapter.

(4)

The District has determined that an unencumbered 40 foot wide strip of

right of way, measured from the top of bank landward, is required in order for the District

to perform the required routine and emergency operations and maintenance activities

necessary to insure flood protection to the entire community. In this 40 foot right of way,

subject only to limited exceptions provided in this rule, the District shall not authorize

any above ground facilities or other encroachments.

(5)

The requirement for the unencumbered 40 foot right of way shall be

applicable regardless of the District’s quality of title to the right of way and regardless of

the width of the overbank right of way.

(6)

In the past, the District has authorized certain above ground facilities and

uses on its rights of way within a 40 foot wide area adjacent to the top of bank, as set

forth in subsection (4), above. However, over time and with experience gained in

disaster preparation, operation and recovery, the District has determined that these

previously authorized above ground facilities and uses are now inconsistent with the

current and future operation and maintenance needs of the District. These facilities and

uses have also been determined by the District to increase the operation and

maintenance costs (for both routine and emergency operation and maintenance

activities) and pose a significant additional physical burden on District staff. Subject to

those uses specifically allowed in the criteria (Basis of Review), no future authorizations

by the District shall allow above ground facilities or uses within that 40 foot wide area

adjacent to the top of bank within the right of way, and all previous authorizations for

facilities and uses shall be expressly limited to minimize their adverse impact on District

operations and maintenance. Specifically, such authorizations shall not be modified or

transferred, and shall be subject to the revocation provisions set forth herein as

4

determined necessary by the District in order to meet its current and future operation

and maintenance responsibilities to provide adequate flood protection to the community.

(7)

In order to effectively and efficiently evaluate proposed installations of

above ground facilities and uses, the District has segmented the canal and rights of way

into five (5) operational zones shown on the diagram below:

*The District’s rights of way vary in width, and may be either less than forty feet or more than

forty feet in width. Accordingly, in those cases when the right of way is less than forty feet,

only those zones depicted above would be applicable to the actual width of the right of way.

The specific above ground facilities and uses which are consistent with the District’s

operation and maintenance needs, and which will generally be authorized are set forth

in Rules 40E-6.121 and 40E-6.221, F.A.C.. Those facilities and uses not specifically

identified as being consistent with the District’s operation and maintenance needs for

the respective zones have been determined by the District to be inconsistent with

District operation and maintenance needs and no District authorization shall be granted.

(8)

Due to the varying widths and physical limitations of the rights of way

obtained by the District for the canals of the Big Cypress Basin, maintenance of the

Basin canals is currently performed with different equipment than is utilized throughout

the remainder of the District. Based on the differing maintenance needs of the Big

Cypress Basin, application of the five operational zones, as set forth in subsection (7),

above, will be reviewed on a case by case basis taking into account the width of

overbank right of way, the accessibility of the right of way to land-based maintenance

equipment and any site specific conditions that would impact the Basin’s ability to

operate and maintain the canal which is the subject of a particular application.

(9)

The District reserves sole authority to make a determination that portions

of the District’s rights of way are inaccessible for routine maintenance activities due to a

variety of physical limitations. While a determination that a certain segment of right of

way is presently unusable for routine land-based maintenance activities and relaxation

of the restrictions in zones 2, 3, 4, and 5 may be allowed, such determination shall be at

the sole discretion of the District and does not obviate the need for individuals with

proposed or existing facilities within these areas to obtain permits from the District.

5

Further, the District reserves the right to enter these areas to conduct emergency

operations or to require the removal of any encroachments that are inconsistent with

these rules at such time as maintenance access is perfected through the area.

(10) The District has further determined that certain facilities and uses meeting

specific minimum criteria for various right of way zones shall more efficiently be granted

authorization with a limited review by District staff, since these specific facilities and

uses do not adversely impact the District’s ability to operate and maintain the District’s

right of way and works of the District. Such authorizations shall be administered by the

provisions of Rules 40E-6.101 and 40E-6.121, F.A.C., as a notice general permit. The

District will incur less expense in the review of notice general permit applications, and,

therefore the application processing fee associated with such facilities and uses shall

reflect accordingly, as set forth herein.

(a)

If multiple uses are being requested and any of those uses require

a standard permit, all authorizations shall be requested under the standard permit

application and a notice general permit will not be required.

(11) It is further the policy of the District to allow, without charge for admission

or use, public, passive recreational uses of District owned rights of way, given legally

sufficient District property interests. However, nothing contained herein shall limit the

District’s ability to, either temporarily or permanently, limit or otherwise preclude public

access to certain portions of District works and lands, such as structures and associated

facilities.

(12) In managing its canal and levee system the District must, from time to

time, change its criteria and permit requirements based on regional and site specific

conditions. Applicants are cautioned that the information provided by District staff is

based on the best available information at the time the information is conveyed, but is

subject to change. This is particularly true when applicants delay months or years in

submitting an application for permit. Therefore the rules, criteria and requirements in

effect at the time a formal application is received for review will be applied to the permit

application.

Specific Authority 373.113 F.S. Law Implemented 373.085, 373.086, 373.118, 373.129, 373.1395 F.S.

History—New 9-3-81, Amended 12-29-86, 9-15-99. Formerly 16K-5.01(1).

40E-6.021 Definitions.

(1)

The term “above ground facilities” when used in these rules is intended to

mean any and all physical improvements or uses, whether man-made or natural (e.g.

vegetation), that are extended above the existing surface of the ground.

(2)

The term “change of ownership” when used in these rules is intended to

mean the sale, purchase, or transfer of beneficial ownership of property adjacent to the

District’s right of way relative to a right of way occupancy permit; or in the case of

utilities, bridges, or other such public facilities, the sale, purchase, or transfer of

responsibility.

(3)

The term “easement” when used in these rules is intended to mean the

District’s legal interest in the land for a specific limited use, such as construction,

operation and maintenance of a canal or levee, access, stock piling of spoil material, or

flowage of the land of another.

6

(4)

The term “fee” ownership when used in these rules is intended to mean

absolute and unconditional ownership by the District.

(5)

The term “financial assurances” when used in these rules is intended to

mean a cash bond to be held by the District in a non-interest bearing account, a

performance bond issued by a licensed bonding company, a letter of credit issued by a

financial institution authorized to do business in the State of Florida, or other such

instrument approved by the District.

(6)

The term “marina” when used in these rules is intended to mean a docking

facility for four (4) or more watercraft.

(7)

The term “modification” when used in these rules is intended to mean the

addition or deletion of any facilities or uses not specifically authorized by the original

permit.

(8)

The term “notice general permit” when used in these rules is intended to

mean a revocable license to occupy the works or lands of the District for specific types

of proposed uses, with limited review by District staff, as set forth herein, and not

requiring Governing Board approval.

(9)

The term “owner” when used in these rules is intended to mean the

individual or entity legally responsible for the ownership and control of the proposed

facility or authorized use.

(10) The term “passive recreational use” when used in these rules is intended

to mean conventional leisure activities, with minimal land or water resource impacts,

which include such uses as walking, jogging, hiking, bicycling, fishing, nature

appreciation, and equestrian use. Passive recreational use shall not include the use of

motorized vehicles, with the exception of motorized wheelchairs necessary for use by

disabled persons.

(11) The term “permit transfer” when used in these rules is intended to mean

the changing of responsibility for the permit authorization from one person or entity to

another.

(12) The term “right of way” when used in these rules is intended to mean

those lands acquired by the District in fee, easement, or other type of grant, for the

purpose of operations and maintenance of the District’s canal and levee system, spoil

areas, Stormwater Treatment Area’s (STA’s), and access and other easements.

(13) The term “right of way occupancy permit” when used in these rules is

intended to mean a revocable license to occupy the works or lands of the District, either

by a notice general permit or a standard permit.

(14) The term “STA” when used in these rules is intended to mean the District’s

Evergaldes Nutrient Removal Project (“ENR”), as well as those areas currently, or in the

future, designated by the District as Stormwater Treatment Area’s.

(15) The term “standard permit” when used in these rules is intended to mean

a revocable license to occupy the works or lands of the District for all uses not covered

by a notice general permit, with a full review by District staff, as set forth herein, and

requiring Governing Board approval.

(16) The term “top of bank” when used in these rules is intended to mean the

point at which the flat or nearly level ground surface transitions down to the channel

along the side slope of the canal bank.

7

(17) The term “tree” when used in these rules is intended to mean not only the

trunk of the tree, but the farthest part of the canopy of the tree at maturity as well.

(18) The term “utility” when used herein means companies actually providing

essential water, electric, telephone, sewer, or natural gas services. All other services

shall be considered non-essential.

(19) The term “violator” when used in these rules is intended to mean any

persons or entities acting contrary to the provisions of Chapter 373, F.S., these rules, as

well as the provisions of any permit issued pursuant to these rules.

(20) The term “Works of the District” when used in these rules is intended to

mean the canals, levees, structures, lands, water bodies, and other associated facilities

which have been adopted as such by the District’s Governing Board.

(21) The term “Zone 1” when used in these rules is intended to mean the canal

channel from the top of bank to the opposite top of bank, as depicted in Figure 1.

(22) The term “Zone 2” when used in these rules is intended to mean the point

on the right of way from the top of bank to a point five (5) feet landward, as depicted in

Figure 1.

(23) The term “Zone 3” when used in these rules is intended to mean the point

on the right of way from a point five (5) feet landward from top of bank to a point twenty

(20) feet landward, as depicted in Figure 1.

(24) The term “Zone 4” when used in these rules is intended to mean the point

on the right of way from a point twenty (20) feet landward from top of bank to a point

forty (40) feet landward, as depicted in Figure 1.

(25) The term “Zone 5” when used in these rules is intended to mean any right

of way located further than forty (40) feet from the top of bank, as depicted in Figure 1.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9-15-99.

40E-6.031 Implementation.

(1)

The effective date for the program established in this chapter is

September 15, 1999.

(2)

All permits issued prior to the effective date of these rules shall remain in

effect, except as provided herein.

(3)

All applications, and permit application processing fees, for permits

received by the District prior to the effective date of these rules shall be processed using

the criteria set forth in Volume V, Criteria Manual for Use of Works of the District Permit Information Manual, adopted September 15, 1999.

(4)

All applications, and permit application processing fees, received by the

District on or after the effective date of these rules shall be subject to the provisions of

these rules and the criteria adopted pursuant to these rules as set forth in Rule 40E6.091, F.A.C.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9-3-81,

Amended 12-29-86, 9-15-99.

40E-6.041 Consent Required.

(1)

Unless expressly exempt by law or District rule, a right of way occupancy

permit, either a notice general permit or a standard permit, must be obtained prior to

8

connecting with, placing structures in or across, discharging into or making use of the

works of the District and any additional lands or real property interest owned by the

District, including the Stormwater Treatment Areas (STA’s). Works or lands of the

District subject to this requirement appear in the document listed in Rule 40E-6.091,

F.A.C.

(2)

All other use and occupancy of District works or lands must be consistent

with the purposes and objectives of Ch. 373, F.S. and Title 40E, F.A.C.

(3)

These rules do not apply to property managed by the District pursuant to

either Chapter 40E-7, Part V, F.A.C., or the District’s Real Estate Policy, except as

otherwise limited by Rule 40E-6.221(8), F.A.C.

(4)

These rules do not apply to the Seminole Tribe of Florida at such time as

there exists a District approved agreement specifically addressing the use and

management of District rights of way between the District and the Seminole Tribe of

Florida.

(5)

Except when works or lands of the District have been affirmatively opened

to public vehicular use, a right of way occupancy permit must be obtained prior to

traveling on or across such works or lands.

(6)

A conceptual approval for the use of works of the District may be obtained

by processing a right of way occupancy permit application in conjunction with the

request for a letter of conceptual approval only if the letter of conceptual approval is

requested pursuant to section 380.06(9)(b), F.S.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.085, 373.086, 380.06(9)(b), 373.118 F.S.

History—New 9-3-81, Amended 2-29-86, 12-24-91, 9-15-99.

40E-6.051 Exemptions.

(1)

The following uses are exempt from permitting under this chapter where

such facilities and uses comply with the criteria contained in the document listed in Rule

40E-6.091(1), F.A.C.:

(a)

the planting or maintenance of native or drought and insect

resistant turf grasses;

(b)

drain lines (pool, roof, air-conditioning);

(c)

low lying groundcover in certain zones;

(d)

irrigation lines, flush or pop-up sprinklers, draft lines;

(e)

not-for-profit, organized boat races, regattas and similar activities;

and

(f)

passive recreational use.

(2)

An exemption from these rules shall not relieve any person or entity from

compliance with other District permit requirements and any applicable permit

requirements of federal, state and local government.

(3)

The District is not responsible for the repair of or claims of damage to any

facilities and uses which may incur damage resulting from the District’s utilization of its

rights of way or use by third parties. Improvements placed within the right of way are

done so at the sole risk of the owner.

(4)

The District is not responsible for any personal injury or property damage

which may directly or indirectly result from the use of water from the District’s canal or

any activities which may include use or contact with water from the District’s canal,

9

since the District periodically sprays its canals for aquatic weed control purposes and

uses substances which may be harmful to human health or plant life.

Specific Authority 373.044, 373.113, F.S. Law Implemented 373.085, 373.086, F.S. History—New 1224-91, Amended 9-15-99.

40E-6.091 Publications Incorporated by Reference.

(1)

The “Basis of Review for Use or Occupancy of the Works or Lands of the

District Permit Applications within the South Florida Water Management District –

September 15, 1999”, which includes separate and distinct criteria developed to

address the unique characteristics and operational needs of the respective areas for the

Okeechobee Basin, the Big Cypress Basin, and the STA’s, is hereby published by

reference and incorporated into this Chapter.

(2)

District lands and works subject to this Chapter are adopted by the

Governing Board in accordance with the provisions of section 373.086, F.S. The

District’s lands and works are listed in the document referenced in subsection (1) and

are hereby published by reference and incorporated into this Chapter.

(3)

The document listed in subsection (1) is published by the District and

available upon request.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 403.0877 F.S. History—New

9-3-81, Amended 12-29-86, 12-24-91 , 9-15-99 Formerly 16K-5.01(3).

PART II – PERMITS

SUBPART A NOTICE GENERAL PERMITS

40E-6.101 Content of Application.

(1)

Applications for permits required by this Subpart shall be filed with the

District. The application shall contain the following information:

(a)

Form NGP-1 “Application to the South Florida Water Management

District for Right of Way Notice General Permit” effective date September 15, 1999,

which is hereby incorporated by reference and which may be obtained at the South

Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida,

33406;

(b)

The applicant’s name and address including zip code and phone

number;

(c)

All owner’s names, as appearing on the tax rolls, and complete

address’ and phone numbers if applicant or user is other than the owner(s);

(d)

The project location relative to County, Section, Township and

Range; Lot, Block and Subdivision; or a metes and bounds description;

(e)

Whether the proposed use is a modification, an existing use, or is a

new use;

(f)

A description of the portion of the works or lands of the District to

be used;

(g)

A description of the proposed use of or encroachment on works or

lands of the District and in which zone, as depicted in Figure 1, the proposed use will be

located;

10

(h)

Six copies of a scaled or fully dimensioned 8 ½” x 11” drawing,

reflecting the proposed use in plan and elevation views, related to the applicable work of

the District, and tied to a known reference point in the immediate area of the proposed

use. Larger drawings and aerial photographs shall be required, if necessary to

adequately show the location and nature of the proposed use. A property survey,

indicating the location of the District right of way boundary line shall also be provided.

1.

All drawings shall utilize English units of measure or a

combination of both English and metric units of measure. Vertical datum shall be

National Geodetic Vertical Datum (1929), North American Vertical Datum (1988), or

Mean Sea Level and the datum utilized shall be specified on the drawing(s).

2.

All drawings for seawalls or bulkheads and subaqueous or

pile-supported crossings shall be supported with cross sections of the existing channel.

Unless waived or modified by the District pursuant to prior written request by the

applicant, soundings for the cross sections shall be taken at 10 foot intervals from top of

bank to top of bank and shall be tied to both canal/levee right of way lines.

For

subaqueous or pile supported crossings a minimum of 3 cross sections shall be

supplied by the applicant; one at the point where the proposed crossing crosses the

centerline of the canal; and one each upstream and downstream of the crossing at

points determined by the District. For seawall or bulkhead projects the District shall

determine the number of cross sections required but said cross sections will be no more

frequent than one cross section per every 25 feet of proposed bulkheading. Cross

sections shall be plotted to the same horizontal and vertical scale using standard 10 x

10 cross section paper or similar CAD format. The cross sections shall have

superimposed upon them the design section for the canal at the location and existing

cross sectional area below the design water surface shall be accurately calculated by

the applicant and printed on or adjacent to each cross section.

3.

Except where exempt pursuant to section 471.003, F.S.,

drawings for bridge crossings, bulkheads, seawalls, retaining walls, hard shoreline

stabilization and revetment installations shall be signed and sealed by a Florida

registered professional engineer.

(i)

Information sufficient to demonstrate that the proposed use meets

the criteria established in the document referred to in Rule 40E-6.091, F.A.C.; and

(j)

The estimated length of time needed for completion of the

proposed work once construction has begun.

(2)

Applications shall be signed by both the owner(s) and authorized agent, if

applicable.

(3)

Applications shall not be considered complete until such time as all

required information as set forth in subsections (1) and (2), above, and insurance and

financial assurances in accordance with Rule 40E-6.361, F.A.C., have been received by

the District.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.117, 373.118, 471.003

F.S. History—New 9-3-81, Amended 12-1-82, 12-29-86, 12-24-91, 9-15-99.

40E-6.121 Conditions for Issuance of Notice General Permits.

(1)

The District has determined that certain uses shall be authorized under a

notice general permit when the proposed location is in an authorized operational zone

11

and the criteria established in the Basis of Review, incorporated by reference in 40E6.091, F.A.C., have been met. These uses are set forth in the Permit Index Chart

included in the Basis of Review. Any facilities currently existing cannot be authorized by

a notice general permit and must receive authorization through the standard permit

application process or be promptly removed from the District’s right of way.

(2)

Due to the nature of the projects, the following facilities and uses cannot

be authorized by a Notice General Permit:

(a)

Roadway and highway projects;

(b)

Marinas and public boat launching facilities;

(c)

Linear Parks;

(d)

Permanent buildings and other above-ground structures;

(e)

Crude oil and petroleum product pipelines;

(f)

Other such facilities or uses.

(3)

The District has determined that the proposed activity fully complies with

all of the criteria set forth in Rule 40E-6.091, F.A.C.

(4)

Except for utilities, both essential and non-essential, an applicant must

own or lease the land adjacent to or served by the portion of the works or lands of the

District involved.

(5)

In addition to the requirements and restrictions set forth in subsections (1)

to (4), 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.

(6)

Any and all above ground facilities located within the clear 40 foot wide

right of way, as set forth in Rule 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, are prohibited.

(7)

The notice general permit provisions of this rule are not intended to apply

to the notice general permit provisions in District Chapter 40E-62, F.A.C.

(8)

The limiting conditions set forth in Rule 40E-6.361, F.A.C., shall be

incorporated into every Notice General Permit issued.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086, 373.118 F.S.

History - New 9-15-99.

SUBPART B STANDARD PERMITS

40E-6.201 Content of Application.

(1)

Applications for permits required by this Subpart shall be filed with the

District. The standard permit application shall contain the following information:

(a)

Form SP-1 “Application to the South Florida Water Management

District” effective date September 15, 1999, which is hereby incorporated by reference

and which may be obtained at the South Florida Water Management District, 3301 Gun

Club Road, West Palm Beach, Florida, 33406;

(b)

The applicant’s name and address including zip code and phone

number;

(c)

All owner’s names, as appearing on the tax rolls, and complete

address if applicant or user is other than the owner;

12

(d)

The project location relative to County, Section, Township and

Range; Lot, Block and Subdivision; or a metes and bounds description;

(e)

A description of the portion of the works or lands of the District to

be used;

(f)

Whether the proposed use is a modification of an existing use, or is

a new use;

(g)

A description of the proposed use of or encroachment on works or

lands of the District and in which zone, as depicted in Figure 1, the proposed use will be

located;

(h)

Six copies of a scaled or fully dimensioned 8 ½” x 11” drawing,

reflecting the proposed use in plan and elevation views, related to the applicable work of

the District, and tied to a known reference point in the immediate area of the proposed

use. Larger drawings or aerial photographs shall be required, if necessary to

adequately show the location and nature of the proposed use. A property survey,

indicating the location of the District right of way boundary line shall also be provided.

1.

All drawings shall utilize English units of measure or a

combination of both English and metric units of measure. Vertical datum shall be

National Geodetic Vertical Datum (1929), North American Vertical Datum (1988), or

Mean Sea Level and the datum utilized shall be specified on the drawing(s).

2.

All drawings for seawalls or bulkheads and subaqueous or

pile-supported crossings shall be supported with cross sections of the existing channel.

Unless waived or modified by the District pursuant to prior written request by the

applicant, soundings for the cross sections shall be taken at 10 foot intervals from top of

bank to top of bank and shall be tied to both canal/levee right of way lines. For

subaqueous or pile supported crossings a minimum of 3 cross sections shall be

supplied by the applicant; one at the point where the proposed crossing crosses the

centerline of the canal; and one each upstream and downstream of the crossing at

points determined by the District. For seawall or bulkhead projects the District shall

determine the number of cross sections required but said cross sections will be no more

frequent than one cross section per every 25 feet of proposed bulkheading. Cross

sections shall be plotted to the same horizontal and vertical scale using standard 10 x

10 cross section paper or similar CAD format. The cross sections shall have

superimposed upon them the design section for the canal at the location and existing

cross sectional area below the design water surface shall be accurately calculated by

the applicant and printed on or adjacent to each cross section.

3.

Except where exempt pursuant to section 471.003, F.S.,

drawings for bridge crossings and bulkhead or seawall installations shall be signed and

sealed by a Florida registered professional engineer.

(i)

Information sufficient to demonstrate that the proposed use meets

the criteria established in the document referred to in Rule 40E-6.091, F.A.C.; and

(j)

The estimated length of time needed for completion of the

proposed work once construction has begun.

(2)

Applications shall be signed by both the owner(s) and authorized agent, if

applicable.

(3)

Applications shall not be considered complete until such time as all

required information as set forth in subsections (1) and (2), above, and insurance and

13

financial assurances in accordance with Rule 40E-6.361, F.A.C., have been received by

the District.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.117, 471.003 F.S.

History—New 9-15-99.

40E-6.221 Conditions for Issuance of Standard Permits.

(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 Rule 40E-6.091,

F.A.C. These uses are set forth in the Permit Index Chart included in the Basis of Review.

(2)

In determining whether a standard permit should be issued, the District

shall consider whether the proposed 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 Chapter 373, F.S.,

including the legislative declaration of policy contained in section 373.016, F.S.

(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 Ch. 373, F.S., 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 Chapter 373, F.S. 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 Basis of Review which

is incorporated by reference in Rule 40E-6.091, F.A.C.;

(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 Chapters 40E-61 and 40E-62; F.A.C.;

(m) the nature of the District’s property interest.

(3)

The District shall consider a permit applicant’s past and present violation

of any District rules or permit conditions, including enforcement action, when

14

determining whether the applicant has provided reasonable assurances that District

standards will be met.

(4)

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.

(5)

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.

(6)

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 section 471.003, F.S.

(7)

In those instances where the District does not own the underlying fee

simple title, applicants may be required to show the necessary legal interest 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.

(8)

No commercial uses will be allowed on District rights of way. There shall,

however, be no presumption against allowing commercial use of the District right of way

by utilities.

(9)

Except for utilities, both essential and non-essential, an applicant must

own or lease the land adjacent to or served by the portion of the works or lands of the

District involved.

(10) 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.

Specific Authority 373.044, 373.113 F.S.

471.003 F.S. History-New 9-15-99.

Law Implemented 373.016, 373.085, 373.086, 373.117,

SUBPART C

GENERAL PROVISIONS

40E-6.311 Access to Works and Lands of the District; Closures.

(1)

Consistent with the District’s policy to allow for public access, without

charge, to publicly owned lands, access to Works and Lands of the District by the public

is generally allowed for passive recreational uses.

(2)

Works and Lands of the District shall be closed to public use temporarily

under the following conditions:

(a)

when necessary for public safety during wildfires or prescribed

burns;

(b)

when necessary for scientific activities;

(c)

when necessary for construction, operation or maintenance

activities;

(d)

when necessary during emergency conditions such as floods,

severe weather events, or wildfire danger for public safety and the protection of the

natural resources; and

(e)

when there is an insufficient District property interest to allow for

such public use or access by the general public.

15

(3)

When necessary on a permanent basis to protect natural, historic or

archaeological resources, or for ongoing scientific activities, such closures shall require

advance public notice and approval by the Governing Board.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086, 373.119, 373.1395

F.S. History New 9-15-99.

40E-6.321 Duration of Permits.

(1)

Permits issued prior to the effective date of September 15, 1999 and

which do not comply with the Basis of Review incorporated by reference in Rule 40E6.091, F.A.C., shall expire upon the change of ownership of the property, unless

transferred pursuant to Rule 6.351, F.A.C., below. These authorizations shall not be

transferred to a new property owner and must be immediately removed from the

District’s right of way unless a new permit application has been submitted and approved

by the District.

(2)

Unless revoked or otherwise modified the duration of a right of way

occupancy permit is:

(a)

as set forth in the permit, including the special conditions to the

permit; or

(b)

after construction is complete, perpetual, unless revoked.

(3)

Permits authorizing construction expire automatically on the date indicated

on the face of the permit, unless a written request for extension is received by the

District on or before the expiration date. If an extension has not been requested prior to

the expiration of the permit, a new application, including the application processing fee,

must be submitted. Upon the expiration of a permit, all construction activities must

cease until the new permit has been issued. Extensions of the construction period may

be granted administratively, or in cases involving litigation, environmental, water

resource, or other impact, shall be referred to the Governing Board for final action. The

District shall decline to extend a permit authorizing construction if the proposed use is

no longer consistent with the objectives of the District or other provisions of these rules.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086 F.S. History—New 9-3-81,

Amended 12-29-86, 9-15-99 Formerly 16K-5.07, 40E-6.321.

40E-6.331 Modification of Permits.

(1)

Applications for permit modifications required by this Chapter shall be filed

by formal application, including the permit modification application fee, with the District.

(2)

Applications for modification to permitted uses shall be reviewed using the

same criteria as new applications, pursuant to Rules 40E-6.091, 40E-6.121, and

40E-6.221, F.A.C.

(3)

Letter modifications may be issued by District staff, provided the

requested modification:

(a)

does not substantially alter the permit authorization;

(b)

does not interfere with construction, operation and maintenance of

District lands or works; and

(c)

is otherwise consistent with the purposes and policies of Chapter

373, F.S. and Chapter 40E-6, F.A.C.

16

(4)

Under sections 373.083 and 373.085, F.S., the District is authorized to

modify a permit when it determines that the currently permitted use has become

inconsistent with the factors and conditions enumerated in Rules 40E-6.121 and 40E6.221, F.A.C.

(5)

Permit modifications may be initiated by the District in accordance with the

provisions of Chapter 40E-1, F.A.C.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.016, 373.085, 373.086 F.S. History-New

9-3-81, Amended 12-29-86, 12-24-91, 9-15-99 Formerly 16K-5.11(1).

40E-6.341 Revocation of Permits.

(1)

Under sections 373.083 and 373.085, F.S., the District is authorized to

revoke a right of way occupancy permit under any of the following circumstances:

(a)

the permittee or his agent has committed any of the acts

enumerated in Rule 40E-1.609, F.A.C.;

(b)

the permitted use interferes or will interfere with the construction,

alteration, operation, or maintenance of present or proposed works or lands of the

District;

(c)

the permittee has failed to immediately comply with an emergency

or other order issued pursuant to Rules 40E-1.611 and 28-107.005, F.A.C.;

(d)

the permitted use is no longer consistent with the factors and

conditions enumerated in Rules 40E-6.121 and 40E-6.221, F.A.C., the provisions of

Chapter 373, F.S., Title 40E, F.A.C., and the state water policy, Chapter 62-40, F.A.C;

(e)

the permitted use is inconsistent with any provision of this rule, or

any subsequent revisions to this rule, including any provision of the Basis of Review,

incorporated by reference in Rule 40E-6.091, F.A.C.; or

(f)

the permitted use is no longer consistent with District policy, based

upon a change in District policy.

(2)

Right of Way Occupancy permits are subject to immediate revocation by

the District’s Executive Director with the concurrence of the Governing Board if an

emergency condition exists and the continued exercise of the permit might endanger

lives, human safety or property.

(3)

Revocations for reasons specified in subsection (1) shall be conducted in

accordance with the procedures specified in Rules 40E-1.609 and 28-107.004, F.A.C.

Emergency revocations under subsection (2) shall be conducted in accordance with the

procedures specified in Rule 28-107.005, F.A.C.

(4)

The provisions herein shall take precedence over the general revocation

provisions set forth in 40E-1.609(1) (a) through (e), F.A.C., as the permit program

governing use of works and lands of the District is a proprietary based program. To the

extent there is any conflict between the general provisions of Chapter 40E-1, F.A.C., the

specific provisions of Chapter 40E-6, F.A.C., shall prevail.

Specific Authority 373.044, 373.113 F.S. Law Implemented 120.60(5), 373.085, 373.086, 373.129 F.S.

History—New 9-3-81, Amended 12-29-86, 12-24-91, 9-15-99 Formerly 16K-5.07(3), (4).

17

40E-6.351 Transfer of Permits.

(1)

As the District has no control over the sale or transfer of real or personal

property, it is the sole obligation of a permittee to disclose the existence of a Right of

Way Occupancy Permit, its terms and conditions, to prospective purchasers.

(2)

Right of Way Occupancy Permits shall be transferred when:

(a)

The request is otherwise consistent with the provisions of these

rules and Chapter 373, F.S.

(b)

The applicant demonstrates that the permitted use still qualifies for

a permit under Rules 40E-6.121 or 40E-6.221, F.A.C.

(c)

The applicant agrees to abide by the provisions of Chapter 373,

F.S., this chapter, and the terms and conditions of the permit, including these rules,

including the standard limiting conditions, and criteria which are applicable at the time of

the request for transfer.

(d)

The adjoining land use has not changed.

(e)

The request for transfer is accompanied, when required, with the

correct fee.

(f)

The applicant agrees to record a Notice of Permit in the official

records of the county clerk’s office as specified by the District.

(g)

In cases where unauthorized facilities or uses have been added

that are not included in the permit authorization, a permit transfer request must also be

accompanied by a request for modification pursuant to Rule 40E-6.331, F.A.C.

(3)

Right of Way Occupancy Permits will be transferred without a fee when

the request for transfer is received within twelve (12) months from the change of

ownership, as evidenced by the date of transfer of ownership appearing in the deed or

other instrument of conveyance.

(4)

Requests for transfer of Right of Way Occupancy Permits shall be

assessed a fifty ($50.00) dollar processing fee when the request is received by the

District more than twelve (12) months from the date of change of ownership but prior to

eighteen (18) months from the change of ownership, as evidenced by the date of

transfer of ownership appearing in the deed or other instrument of conveyance.

(5)

Transfers requested more than 18 months from the date of change of

ownership shall be denied and require the submission of an application and the

appropriate application processing fee.

(6)

All transfers require a field inspection and shall not become effective until

such inspection is conducted and confirms all existing facilities are permitted and all

uses comply with the criteria in Rule 40E-6.091, F.A.C., and the conditions of issuance

in Rules 40E-6.121 or 40E-6.221, F.A.C. If additional facilities are present, no transfer

will be allowed unless the unauthorized facility or use is removed immediately and the

right of way restored. Applicants must submit a new standard permit application, along

with the appropriate application processing fee, for all additional facilities not removed

and not currently authorized by a Right of Way Occupancy Permit.

(7)

The District staff shall not issue transfers until all financial assurance and

insurance requirements, if any, have been provided and accepted by the District staff.

Specific Authority 373.044, 373.109, 373.113 F.S. Law Implemented 373.085, 373.086, 373.109 F.S.

History—New 9-3-81, Amended 12-29-86, 9-15-99 Formerly 16K-5.10, 16K-5.11(2), 16K-5.12.

18

40E-6. 361 Financial Assurances and Insurance.

(1)

The District shall require the applicant requesting a right of way occupancy

permit to provide and maintain financial assurances to the District and its successors, in

the form of a cash bond to be held by the District in a non-interest bearing account, a

performance bond issued by a licensed bonding company, a letter of credit issued by a

financial institution authorized to do business in the State of Florida, or other such

instrument approved by the District to ensure full compliance with terms of the permit,

including the proper construction, operation, and maintenance of the facility. The

amount and type of financial assurance shall be determined by the District.

(a)

In instances where the District authorizes use of its rights of way as

a temporary haul or access road, which does not include crossing over District

structures or associated facilities, the amount of the financial assurance shall be Five

Thousand ($5,000.00) Dollars per half mile or multiple thereof, with a minimum amount

of Five Thousand ($5,000.00) Dollars.

(b)

In instances where the District authorizes the construction of a

private bridge on or across the District’s right of way, the amount of the financial

assurance shall be based upon a professional engineer’s or certified demolition

company’s itemized estimate, to be provided by and paid for by the applicant, of the

cost of the demolition of the bridge, removal of the debris, and restoration of the right of

way. Such estimates shall be reviewed and approved by District staff.

(c)

In instances where the District authorizes the installation of a water

or sewer force main installation on or across the District’s right of way other than those

constructed by governmental entities, the amount of the financial assurance shall be

based upon a professional engineer’s or certified demolition company’s itemized

estimate, to be provided by and paid for by the applicant, of the cost of the demolition of

the water or sewer force mains, removal of the debris, and restoration of the right of

way. Such estimates shall be reviewed and approved by District staff. Upon

acceptance by the governmental entity of the facility and the issuance of a permit

transfer by District staff, such financial assurances shall be released.

(d)

Any other uses of the District’s right of way authorized by the

District are subject to adequate financial assurances as determined necessary and

reasonable by District staff based upon a complete review of the unique circumstances

and the potential liability, both personal injury and property damage, and environmental

risks involved with the specific authorized use.

(2)

In addition to the provision for financial assurances as provided in

subsection (1), above, the District shall require liability insurance, naming the District as

an additional insured, in such amount and type as the District staff determines

necessary. All insurance must be written by a company duly authorized to do business

in the State of Florida or provided pursuant to a self insurance program consistent with

the requirements of Florida law.

(3)

Any applicable financial assurance or insurance requirement set forth

above shall be maintained as a condition of the continued validity of the right of way

occupancy permit.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.103 F.S. History—New

9-15-99.

19

40E-6.381 Limiting Conditions.

The District’s authorization to utilize lands and other works constitutes a revocable

license (including both notice general permits and standard permits). In consideration for

receipt of that license, permittees shall agree to be bound by the following standard limiting

conditions, which shall be included within all permits issued pursuant to this chapter:

(1)

All structures on District works or lands constructed by permittee shall

remain the property of permittee, who shall be solely responsible for ensuring that such

structures and other uses remain in good and safe condition. Permittees are advised

that other federal, state and local safety standards may govern the occupancy and use

of the District’s lands and works. The District assumes no duty with regard to ensuring

that such uses are so maintained and assumes no liability with regard to injuries caused

to others by any such failure.

(2)

Permittee solely acknowledges and accepts the duty and all associated

responsibilities to incorporate safety features, which meet applicable engineering

practice and accepted industry standards, into the design, construction, operation and

continued maintenance of the permitted facilities/authorized use. This duty shall

include, but not be limited to, permittee’s consideration of the District’s regulation and

potential fluctuation, without notice, of water levels in canals and works, as well as the

permittee’s consideration of upgrades and modifications to the permitted

facilities/authorized use which may be necessary to meet any future changes to

applicable engineering practice and accepted industry standards.

Permittee

acknowledges that the District’s review and issuance of this permit, including, but not

limited to, any field inspections performed by the District, does not in any way consider

or ensure that the permitted facilities/authorized use is planned, designed, engineered,

constructed, or will be operated, maintained or modified so as to meet applicable

engineering practice and accepted industry standards, or otherwise provide any safety

protections. Permittee further acknowledges that any inquiries, discussions, or

representations, whether verbal or written, by or with any District staff or representative

during the permit review and issuance process, including, but not limited to, any field

inspections, shall not in any way be relied upon by permittee as the District’s

assumption of any duty to incorporate safety features, as set forth above, and shall also

not be relied upon by permittee in order to meet permittee’s duty to incorporate safety

features, as set forth above.

(3)

Permittee agrees to abide by all of the terms and conditions of this permit,

including any representations made on the permit application and related documents.

This permit shall be subject to the requirements of Chapter 373, F.S., and Chapter

40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to

pay all removal and restoration costs, investigative costs, court costs and reasonable

attorney’s fees, including appeals, resulting from any action taken by the District to

obtain compliance with the conditions of the permit or removal of the permitted use. If

District legal action is taken by staff counsel, “reasonable attorney’s fees” is understood

to mean the fair market value of the services provided, based upon what a private

attorney would charge.

(4)

This permit does not create any vested rights, and except for

governmental entities and utilities, is revocable at will upon reasonable prior written

notice. Permittee bears all risk of loss as to monies expended in furtherance of the

20

permitted use. Upon revocation, the permittee shall promptly modify, relocate or

remove the permitted use and properly restore the right of way to the District’s

satisfaction. In the event of failure to so comply within the specified time, the District

may remove the permitted use and permittee shall be responsible for all removal and

restoration costs.

(5)

This permit does not convey any property rights nor any rights or

privileges other than those specified herein and this permit shall not, in any way, be

construed as an abandonment or any other such impairment or disposition of the

District’s property rights. The District approves the permitted use only to the extent of

its interest in the works of the District. Permittee shall obtain all other necessary

federal, state, local, special district and private authorizations prior to the start of any

construction or alteration authorized by the permit. Permittee shall comply with any

more stringent conditions or provisions which may be set forth in other required permits

or other authorizations. The District, however, assumes no duty to ensure that any such

authorizations have been obtained or to protect the legal rights of the underlying fee

owner, in those instances where the District owns less than fee.

(6)

Unless specifically prohibited or limited by statute, Permittee agrees to

indemnify, defend and save the District (which used herein includes the District and its

past, present and future employees, agents, representatives, officers and Governing

Board members and any of their successors and assigns) from and against any and all

lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including

but not limited to the fair market value of the District’s inhouse attorneys’ fees based

upon private attorneys’ fees/rates), judgments and liabilities which arise from or may be

related to the ownership, construction, maintenance or operation of the permitted use or

the possession, utilization, maintenance, occupancy or ingress and egress of the

District’s right of way which arise directly or indirectly and are caused in whole or in part

by the acts, omissions or negligence of the District or of third parties. Permittee agrees

to provide legal counsel acceptable to the District if requested for the defense of any

such claims.

(7)

The District does not waive sovereign immunity in any respect.

(8)

The permittee shall not engage in any activity regarding the permitted use

which interferes with the construction, alteration, maintenance or operation of the works

of the District, including:

(a)

discharge of debris or aquatic weeds into the works of the District;

(b)

causing erosion or shoaling within the works of the District;

(c)

planting trees or shrubs or erecting structures which limit or prohibit

access by District equipment and vehicles, except as may be authorized by the permit.

Permittee shall be responsible for any costs incurred by the District resulting from

any such interference, as set forth in (a), (b), and (c), above;

(d)

leaving construction or other debris on the District’s right of way or

waterway;

(e)

damaging District berms and levees;

(f)

the removal of District owned spoil material;

(g)

removal of or damage to District locks, gates, and fencing;

(h)

opening of District rights of way to unauthorized vehicular access;

or

21

(i)

running or allowing livestock on the District’s right of way.

(9)

The District is not responsible for any personal injury or property damage

which may directly or indirectly result from the use of water from the District’s canal or

any activities which may include use or contact with water from the District’s canal,

since the District periodically sprays its canals for aquatic weed control purposes and

uses substances which may be harmful to human health or plant life.

(10) Permittee shall allow the District to inspect the permitted use at any

reasonable time.

(11) Permittee shall allow, without charge or any interference, the District, its

employees, agents, and contractors, to utilize the permitted facilities before, during and

after construction for the purpose of conducting the District’s, routine and emergency,

canal operation, maintenance, and construction activities. To the extent there is any

conflicting use, the District’s use shall have priority over the permittee’s use.

(12) This permit is a non-exclusive revocable license. Permittee shall not

interfere with any other existing or future permitted uses or facilities authorized by the

District.

(13) The District has the right to change, regulate, limit, schedule, or suspend

discharges into, or withdrawals from, works of the District in accordance with criteria

established by the Big Cypress Basin, the District, or the U. S. Army Corps of Engineers

for the works of the District.

(14) If the use involves the construction of facilities for a non exempt water

withdrawal or surface water discharge, the applicant must apply for and obtain a water

use or surface water management permit before or concurrently with any activities

which may be conducted pursuant to the right of way occupancy permit.

(15) The District shall notify the local ad valorem taxing authority of the lands

affected by the permitted use, where the permittee owns the underlying fee and derives

a substantial benefit from the permitted use. The taxing authority may reinstate such

lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit

revocation. Such permit revocation shall not alleviate the responsibility of the permittee

to pay all taxes due and payable.

(16) Permittee shall provide prior written notice to their successors in title of the

permit and its terms and conditions.

(17) Permittee shall record a Notice of Permit through filing the appropriate

notice agreed to by the District in the public records of the county or counties where the

project is located and by providing the District with proof of filing or through an

equivalent procedure. All costs associated with this requirement shall be the

responsibility of the permittee. Governmental entities and utilities are not subject to this

provision.

(18) This permit is contingent upon compliance with the recording of the Notice

of Permit. Failure to provide proof of the recording of the Notice of Permit will result in

the permit becoming invalid on its own terms, the removal of any existing facilities within

the right of way, restoration of the right of way to the District’s satisfaction, at the

permittee’s expense, and the possible assessment of civil penalties.

(19) Permittee shall be responsible for the repair or replacement of any existing

facilities located within the District’s right of way which are damaged as a result of the

installation or maintenance of the authorized facility.

22

(20) All obligations under the terms of this permit authorization and any

subsequent modifications hereto shall be joint and several as to all owners.

(21) It is the responsibility of the permittee to make prospective bidders aware

of the terms and conditions of this permit. It shall be the responsibility of the permittee’s

contractors to understand the terms and conditions of this permit and govern

themselves accordingly.

(22) It is the responsibility of the permittee to bring to the attention of the

District any conflict in the permit authorization or permit conditions in order that they

may be resolved prior to the start of construction. In resolving such conflicts the

District’s determination will be final.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085(1), 373.086, 373.103, 373.109,

373.129, 373.1395, 373.603, 373.609, 373.613 F.S. History—New 9-3-81, Amended 5-30-82, 12-29-86, 1224-91, 9-15-99 Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2), 16K-5.04(4), 16K-5.05, 40E-6.381.

PART III – EMERGENCIES

40E-6.451 Emergency Authorization.

(1)

Permission to begin use of works or lands of the District prior to the

issuance of a permit shall be granted pursuant to Rule 40E-1.6115 and 40E-0.108,

F.A.C.

(2)

All requests for emergency authorizations must be submitted with both the

emergency application processing fee set forth in Rule 40E-6.601(2)(h), F.A.C., in

addition to the applicable standard permit application processing fee set forth in Rules

40E-6.601(2)(d) through (g), F.A.C.

(3)

In order to be eligible for an emergency permit authorization the applicant

must have already filed a standard permit application with the District or simultaneously

file a standard permit application with the District.

(4)

In addition to the required standard permit application contents, the

applicant must also file a written statement with the District which fully explains the

basis and circumstances which support and justify the request for emergency

authorization.

(5)

Mere carelessness or lack of planning on the part of the applicant shall not

be sufficient grounds to warrant the granting of an emergency authorization.

(6)

The Executive Director may grant an emergency authorization pursuant to

section 373.119(2),F.S.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.119, 373.439 F.S.

History—New 9-3-81, Amended 12-29-86, 7-1-98, 9-15-99 Formerly 16K-5.09, 40E-6.451.

40E-6.481 Emergency Measures

(1)

In addition to the provisions of Rule 40E-6.521, F.A.C., permitted uses are

also subject to immediate alteration, repair or removal if an emergency condition exists

and the continued exercise of the permitted use might endanger lives or property.

(2)

In such event the permittee shall immediately comply with any written or

oral instructions from the District regarding alteration, repair or removal of the permitted

use.

23

(3)

If the permittee fails to remove, alter or repair a permitted use when so

ordered by the District, the District may repair, alter or remove it at the permittee’s

expense.

(4)

Permittee may request an administrative hearing regarding the emergency

order in accordance with the procedures set forth in Rule 28-107.004, F.A.C.

(5)

In addition to the provision of Rule 40E-6.521, F.A.C., unpermitted uses

are also subject to the provisions of this section.

(6)

In no circumstances shall the District be responsible for any claims or

damages caused in whole or in part, from any necessary emergency removal,

alteration, or repair of any permitted or unpermitted use.

(7)

All permitted and unpermitted uses are subject to the specific terms of an

Emergency Order(s) which may be issued by the District.

Specific Authority 373.044, 373.113 F.S. Law Implemented 373.085, 373.086, 373.119, 373.439, F.S.

History—New 9-3-81, Amended 12-29-86, 7-1-98, 9-15-99 Formerly 16K-5.08, 40E-6.481.

PART IV - VIOLATIONS

40E-6.501 Unlawful Use and Civil Penalties.

(1)

It shall be unlawful to connect with, place structures in or across, or

otherwise make use of works or lands of the District without a Right of Way Occupancy

Permit. The District may use any remedy available to it under Florida common law and

statutory law and the District’s rules, to remove or cause the unpermitted use to be

removed, as well as the assessment of civil penalties pursuant to this rule.

(2)

It shall be unlawful for any permittee to violate the provisions of Chapter

373, F.S., Chapter 40E-6, F.A.C., or the terms and conditions of a Right of Way

Occupancy Permit. The District shall use any remedy available to it under Florida

common law and statutory law and the District’s rules, to remove or cause the

unpermitted use to be removed, as well as the assessment of civil penalties pursuant to

this rule. The District shall, at its discretion, in furtherance of the purposes of Chapter

373, F.S., allow the permitted use to be brought into compliance with the permit by

means of a permit modification if the unlawful use complies with the criteria set forth in

Rule 40E-6.091, F.A.C.

(3)

Damage to works or lands of the District resulting from the violations

specified in subsections (1) and (2), above, shall, within the timeframes and in a manner

consistent with the District’s requirements, be repaired by the violator to the satisfaction

of the District, however, the District reserves the right to make any and all necessary

repairs, the full cost of which shall be the responsibility of the violator.

(4)

Violators shall be responsible for payment of civil penalties up to

$10,000.00 per day, per violation, pursuant to section 373.129, F.S., investigative costs

and the District’s attorney’s fees (including appeals).

(5)

Factors considered in the assessment of civil penalties shall be:

(a)

habitual violator;

(b)

threat to health, safety, and welfare (flooding);

(c)

immediacy of threat;

(d)

severity of impact (size of drainage basin);

(e)

potential for damage to surrounding property;

24

(f)

threat to District staff if self-help used

(g)

exposure of District to other liabilities;

(h)

environmental impact;

(i)

water quality; and

(j)

unusual circumstances.

(6)

Vessels which are being occupied or used as a temporary or permanent

residence or business, or other vessels which have an adverse impact on the District’s

ability to construct, operate, and maintain its canals and structures, will not be

permitted within District works or lands. However, this limitation shall not be construed

to prohibit vessels which are actively navigating from place to place.

(7)

The planting of any non-native vegetation not included on the District’s

designated plant list or specifically authorized by District permit within District works or

lands will not be permitted.

(8)

The abandonment of personal property within District works or lands will

not be permitted.

(9)

Use of the works or lands of the District as a temporary or permanent

place of residence or shelter will not be permitted.

(10) It shall be unlawful for any person or entity to remove any spoil, without

authorization from the District, and the District specifically reserves any and all rights to

pursue such violations in both criminal and civil proceedings, in addition to the

provisions contained herein.

Specific Authority 373.044, 373.113 , 373.129 F.S. Law Implemented 373.085, 373.086, 373.603, 373.609,

373.613 F.S. History—New 9-15-99 Formerly 16K-5.06, 40E-6.491.

40E-6.521 Self Help.

(1)

Unlawful uses or facilities placed within the works or lands of the District

are subject to removal and restoration at the District’s discretion with no guarantee of

salvageability. In no circumstances shall the District be responsible for any claims or

damages caused, in whole or in part, from any self help removal and restoration of any

unlawful uses or facilities.

(2)

When employing self help, the District is not required to provide any notice

of its intended action.

(3)

The District may seek to recover removal and restoration costs,

investigative costs, and attorneys fees and costs (including appeals) incurred in carrying

out self help done to resolve the unlawful use of District works and lands.

Specific Authority 373.044, 373.113 , 373.129 F.S. Law Implemented 373.085, 373.086, 373.603, 373.609,

373.613 F.S. History—New 9-15-99

PART V – PROCESSING FEES

40E-6. 601 Permit Application Processing Fees.

(1)

A permit application processing fee is required and shall be paid to the

District when applications are filed pursuant to District rules to connect with and make

use of the works and lands of the District. An application is not deemed complete and

shall not be processed until the appropriate application fee is submitted. These fees are

25

assessed in order to defray the cost of evaluating, processing, and mailing required in

connection with consideration of such applications. Fees are non-refundable in whole

or part unless the activity for which an application is filed is determined by the District to

be exempt or the fee submitted is determined by the District to be incorrect.

(2)

Based upon years of experience in reviewing applications for District right

of way occupancy permits, the District has determined that applications for existing

facilities or uses require additional staff time and resources (as compared to proposed

facilities) in order to thoroughly review and inspect, and this differential shall be reflected

in the application processing fees for all right of way occupancy permit authorizations as

set forth herein.

(3)

The fee for permit applications reviewed pursuant to Chapter 40E-6,

F.A.C, are as follows:

(a)

Notice General Permit Application, Notice General Permit

Modification Application relating to a single family residential use

(Category

NGP-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Fee

(b)

Notice General Permit Application, Notice General Permit

Modification Application for uses proposed by homeowners associations and

condominium associations relating to more than one individual lot or dwelling unit

(Category NGP-2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00

(c)

Notice General Permit Application, Notice General Permit

Modification Application for uses proposed by developers, builders, corporate entities,

utilities, county, state, or local entities (Category NGP-3) . . . . . . . . . . . . . . . . . . $300.00

(d)

Notice General Permit Application, Notice General Permit

Modification

Application

relating

to

bridges,

excluding

culvert

bridges

(Category NGP-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $900.00

(e)

Standard Permit Application, Standard Permit Modification

Application relating to a single family residential use which does not meet Notice

General Permit Criteria (Category SP-1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00

(f)

Standard Permit Application, Standard Permit Modification

Application relating to uses by

homeowners associations and condominium

associations and do not meet Notice General Permit Criteria (Category SP-2) . .$300.00

(g)

Standard Permit Application, Standard Permit Modification

Application relating to uses by developers, builders, corporate entities, utilities, county,

state, or local entities, as well as all other uses not covered in Categories SP-1, SP-2

and SP-4 (Category SP-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$625.00

(h)

Standard Permit Application, Standard Permit Modification

Application relating to uses involving bridges, linear parks, greenways, similar park and

recreation projects, marinas and associated facilities (Category SP-4) . . . . . . $1750.00

(i)

Application for emergency authorization pursuant to Rule

40E-6.401, F.A.C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275.00

(j)

Transfer Fees are set forth in Rule 40E-6.351, F.A.C., above.

(4)

Notwithstanding the provisions set forth in this rule, upon request, the

District shall waive any and all right of way occupancy permit application processing

fees for right of way occupancy permit applications submitted by the governing body of

a governmental entity only if provided with a resolution or other documentation as to the

reciprocity commitment of the respective governmental entity applying for the right of

26

way occupancy permit and clearly establishing that governmental entity’s reciprocal

waiver of any and all fees required for the District to carry out canal operation,

maintenance, and construction activities for the District.

(5)

Notwithstanding the provisions set forth in this rule, no permit application

processing fee will be required from utilities or other necessary service providers, where

the permitted facility or use of the works or lands of the District is required to supply

utility or other necessary service to an existing or proposed District facility.

(6)

The above permit application processing fees shall not apply to either the

Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida for facilities and

uses located exclusively within the boundaries of their respective reservations or

included in leases with the District.

Specific Authority 373.044, 373.109, 373.113 F.S. Law Implemented 373.109, 373.083(1), 373.085,

373.086 F.S. History—New 9-15-99 Formerly 40E-1.607(6), F.A.C.

27

OPERATIONAL ZONES

In order to effectively and efficiently evaluate proposed installations of above-ground

facilities and uses, the District has segmented the canal and rights of way into five (5)

operational zones:*

ZONE 1

ZONE 2

ZONE 3

ZONE 4

ZONE 5

is the canal channel from the top of bank to the opposite top of bank.

is the point on the right of way from a point five (5) feet landward.

is the point on the right of way from a point five (5) feet landward from top of

bank to a point twenty (20) feet landward.

is the point on the right of way from a point twenty (20) feet landward from

top of bank to a point forty (40) feet landward.

is any right of way located further than forty (40) feet landward.

* The District’s rights of way vary in width, and may be either less than forty feet or more

than forty feet in width. Accordingly, in those cases when the right of way is less than forty

feet, only those zones depicted above would be applicable to the actual width of the right

of way.

STAGING AREAS

In order to provide adequate areas to set up and operate equipment, particularly for the

purposes of removing and temporarily stockpiling storm debris that accumulate on pilings,

the District will set aside and preserve staging areas at bridge and pile-supported utility

crossings. These staging areas will be 100’ in length and will be located on the upstream

and downstream sides of all bridge and utility crossings. No docks or above-ground

structures that have the potential to interfere with District maintenance activities will be

allowed within these staging areas.

28

PERMIT INDEX CHART

Abbreviations:

E = exempt

NA = non-applicable

RD = recommend denial

FACILITY

Access:

Permanent

Temporary

Agriculture Use:

Farming

Grazing

Attachments to District Water Control Structures,

Seawall/Bulkhead & Miscellaneous Facilities

Bank/Berm Reshaping

Bee Hives

Bridges

Culvert

Free Span

Golf Cart

Pedestrian

Pile-Supported

Private

Culvert Connections

Dock & Docking Facilities

Attached to Privately-Owned Seawall/Bulkhead

Boat Lift/Davit Attached to Privately-Owned

Facility

Cleats/Whips Attached to Privately-Owned

Facility

Security or Decorative Lights

Floating Docks/In Tidal Water

Pile-Supported Docks

Storage Boxes on Docks

Utility Services to Docks

Drain Lines (Pool, Roof, Air-Condition)

Dredging

Fencing:

Enclosures

Cross-Fence

Gate Requirements

District Lock Requirements

Filming/Motion Picture Production

Fire Hydrants

Gazebos/Chickees

Grass/Sod

Hunting Camps and Camping

Impoundment(s) Inside R/W

Irrigation/Sprinkler Systems

NGP = notice general permit

SP = standard permit

ZONE 1

ZONE 2

ZONE 3

ZONE 4

ZONE 5

(Channel)

(5' wide)

(20' wide)

(40' wide)

(Beyond 40')

NA

NA

RD

RD

RD

NGP

RD

NGP

RD

NGP

NA

NA

RD

RD

RD

RD

RD

RD

RD

RD

RD

SP

RD

RD

SP

RD

RD

SP

RD

RD

SP

RD

RD

SP

RD

SP

NGP

NGP

NGP

NGP

NGP

SP

NGP

NGP

NGP

NGP

NGP

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NGP

NGP

NA

NA

NA

NGP

NGP

RD

RD

NA

NA

NA

NA

NA

NA

NGP

NGP

NGP

NGP

NGP

NGP

RD

NGP

NA

RD

RD

NGP

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

NA

E

SP

E

NA

E

NA

E

NA

E

NA

NA

NA

NA

NA

RD

RD

NA

NA

RD

RD

NA

NA

RD

RD

NA

NA

NGP

RD

NA

NA

NGP

NA

RD

E

NA

RD

E

NGP

RD

RD

E

RD

RD

E

NGP

RD

RD

E

RD

RD

E

NGP

RD

RD

E

RD

RD

E

NGP

NGP

NGP

E

RD

RD

E

Zone 1 is the canal channel from the top of bank to the opposite top of bank.

Zone 2 is the area on the right of way between top of bank and a point 5’ landward of top of bank.

Zone 3 is the area on the right of way from a point 5’ landward of top of bank to a point 20’ landward of top of bank.

Zone 4 is the area on the right of way from a point 20’ landward of top of bank to a point 40’ landward of top of bank.

Zone 5 is the area on the right of way located further than 40’ landward of top of bank.

29

PERMIT INDEX CHART

Abbreviations:

E = exempt

NA = non-applicable

RD = recommend denial

FACILITY

Landscape Plans:

Linear Park, Greenway, etc.

Low-Lying Groundcover

Marina & Associated Facilities

Mitigation in Environmental Sensitive Area

Monitoring Wells

Non-Profit, Organized Recreational Events

Open Channel Connection

Parking:

Temporary

Permanent

Passive Recreation (fishing, hiking, equestrian,

etc.)

Patio Stones, Walkway and Other Similar At-Grade

Installations

Petroleum, Petroleum Products & Pipeline

Crossings

Planting of Trees

Public Roadway/Highway, Guardrailing, Sidewalks,

Handicap Ramps, etc.

Ramps:

Public Boat Launching

Private/Residential Boat Launching

Satellite Dishes/Communication Towers

Seawall/Bulkhead

Shrubs (Low Lying - 2 feet or less)

Signs:

Airspace Encroachment

Commercial

Informational/Regulatory

Storage:

Temporary Sheds

Permanent Sheds

Construction Office/Trailer

Construction Material

Construction Equipment

Hazardous Material

Trash Piles/Burn Pits

Use of, or Connect to, Project Culverts

NGP = notice general permit

SP = standard permit

ZONE 1

ZONE 2

ZONE 3

ZONE 4

ZONE 5

(Channel)

(5’ Wide)

(20’ Wide)

(40’ Wide)

(Beyond 40’)

SP

E

SP

SP

NA

E

RD

SP

E

SP

SP

NGP

E

RD

SP

E

NA

SP

NGP

E

RD

SP

E

NA

SP

NGP

E

RD

SP

E

NA

SP

NGP

E

RD

NA

NA

E

RD

RD

E

RD

RD

E

RD

RD

E

RD

RD

E

NA

SP

NGP

SP

NGP

SP

NGP

SP

NGP

SP

RD

RD

RD

RD

RD

NA

RD

RD

RD

RD

SP

SP

NA

SP

NA

SP

SP

RD

NA

NGP

NA

NA

RD

NA

RD

NA

NA

RD

NA

RD

NA

NA

RD

NA

NGP

RD

RD

NGP

RD

RD

NGP

RD

RD

RD

RD

RD

RD

NGP

RD

NGP

NA

NA

NA

NA

NA

NA

RD

SP

RD

RD

RD

RD

RD

RD

RD

SP

RD

RD

RD

RD

RD

RD

RD

SP

RD

RD

NGP

NGP

NGP

RD

RD

SP

NGP

RD

NGP

NGP

NGP

RD

RD

SP

Zone 1 is the canal channel from the top of bank to the opposite top of bank.

Zone 2 is the area on the right of way between top of bank and a point 5’ landward of top of bank.

Zone 3 is the area on the right of way from a point 5’ landward of top of bank to a point 20’ landward of top of

bank.

Zone 4 is the area on the right of way from a point 20’ landward of top of bank to a point 40’ landward of top

of bank.

Zone 5 is the area on the right of way located further than 40’ landward of top of bank.

30

PERMIT INDEX CHART

Abbreviations:

E = exempt

NA = non-applicable

RD = recommend denial

FACILITY

Utility CATV, Communications Crossing Installation:

Bridge attachment

Buried in Road Embankment

Pole Supported Aerial Crossing

Pile Supported & Arched Crossing

Subaqueous (Buried Beneath Canal section)

Crossing

Utility Parallel Run Installation:

Pole Supported/Aerial

Buried/Underground

Vegetation Removal:

Brush/Growth

Trees

Waste Water Treatment Plant/Effluent

NGP = notice general permit

SP = standard permit

ZONE I

ZONE 2

ZONE 3

ZONE 4

ZONE 5

(Channel)

(5’ Wide)

(20’ Wide)

(40’ Wide)

(Beyond 40’)

NGP

NGP

NGP

NGP

NGP

NA

NA

NGP

NA

NGP

NA

NA

NGP

NA

NGP

NA

NA

NGP

NA

NGP

NA

NA

NGP

NA

NGP

RD

RD

RD

RD

RD

RD

NGP

NGP

NGP

NGP

NGP

NGP

RD

NGP

NGP

RD

NGP

NGP

RD

NGP

NGP

RD

NGP

NGP

RD

FACILITY

ZONES DO NOT APPLY

Stormwater Treatment Areas

SP

SP

SP

SP

SP

Use of Water Conservation Area Lands

RD

RD

RD

RD

RD

Zone 1 is the canal channel from the top of bank to the opposite top of bank.

Zone 2 is the area on the right of way between top of bank and a point 5’ landward of top of bank.

Zone 3 is the area on the right of way from a point 5’ landward of top of bank to a point 20’ landward of top

of bank.

Zone 4 is the area on the right of way from a point 20’ landward of top of bank to a point 40’ landward of top

of bank.

Zone 5 is the area on the right of way located further than 40’ landward of top of bank.

31

South Florida Water Management District

NOTICE TO APPLICANTS

At its April, 1989 Meeting the Governing Board of the South Florida Water Management District

adopted amendments to Rule 40E-6, F.A.C., governing fees associated with the processing of

certain applications for permits. This Rule requires that affected applications for permits to utilize

the District’s rights of way and Lands be accompanied by an application fee to defray the costs

associated with the processing of an Application. This rule is contained in Chapter 40E-6.601 of

the Florida Administrative Code.

PLEASE NOTE:

™ Fees are non-refundable unless it is determined that the use is exempt from District Rules.

™ Permit applications will not be processed without the simultaneous submittal of the correct fee.

[Overpayment of a fee will not delay application processing and the amount of over-payment

will be refunded].

™ In cases where applications for Right of Way Occupancy Permits cover uses that all within

more than one category, the higher fee will be charged.

™ Future applications submitted to modify existing permits will require the submittal of another

fee. Therefore, it is in the applicant’s best interest to submit a completed application covering

all anticipated uses of the right of way in the initial submittal.

™ Applications for a SFWMD Water Use or Surface Water Management Permit also require a

fee. Please refer to Chapter 40E-1.607, F.A.C. for fee information or contact the District’s

Regulation Department at (561) 686-8800 or 1-800-432-2045.

™ In cases where more than one type of permit is required, a fee will be assessed for each

permit application.

™ Checks are preferred and should be made payable to the South Florida Water Management

District. Do not send cash through the mail.

™ Should you elect to deliver the application in person and intend to pay your fee in cash, please

bring the exact amount.

™ Questions on fees for Right of Way Occupancy Permits may be directed to the District’s Right

of Way Division at (561) 686-8800 or 1-800-432-2045.

EXEMPT FROM PAYMENT OF APPLICATION PROCESSING FEES

The Seminole Tribe of Florida or the Miccosukee Tribe of Indians of Florida for facilities and uses located exclusively

within the boundaries of their respective reservations or included in leases with the District.

Governmental applicants requesting a Waiver or reduction of the Application Processing Fee pursuant to Section

218.075, Florida Statutes in accordance with the submittal of Certification of Waiver of Permit Application

Processing Fee (District Form Number 889).

Utilities or other necessary service providers, where the permitted facility or use of the Works or Lands of the

District is required to supply utility or other necessary service to an existing or proposed District facility.

32

NOTICE GENERAL PERMIT FEE SCHEDULE

NOTE: Existing facilities or uses are not eligible for Notice General Permits

Notice General Permit Application or Modification (40E-6)

Category “NGP-1” – NO FEE

This Category covers the following types of uses of the right of way which are proposed

by individual lot owners in conjunction with adjacent domestic, single family residential

land use:

1.

Fence (Enclosure Only).

2.

Non-Public Docks, Mooring Facilities and Associated Appurtenances.

3.

Utility Services to Docks.

4.

Gazebos/Chickees.

5.

Walkways, Patio Stones and Similar At-Grade Installations.

6.

Brush/Growth/Tree Removal.

7.

Landscaping Consistent with Governing Board Approved Landscape Plan.

8.

Temporary Sheds.

Notice General Permit Application or Modification (40E-6)

Category “NGP-2” - $150.00

This Category covers the following types of uses of the right of way which are proposed

by homeowner associations and condominium associations which are adjacent to more

than one individual lot or dwelling unit.

1.

2.

3.

4.

5.

6.

7.

8.

Fence (Enclosure Only).

Non-Public Docks, Mooring Facilities and Associated Appurtenances.

Utility Services to Docks.

Gazebos/Chickees.

Walkways, Patio Stones and Similar At-Grade Installations.

Brush/Growth/Tree Removal.

Landscaping Consistent with Governing Board Approved Landscape Plan.

Temporary Sheds.

33

Notice General Permit Application or Modification (40E-6)

Category “NGP-3” - $300.00

This Category covers the following types of proposed facilities and uses of the right of

way which are proposed by developers, builders, corporate entities, utilities, county,

state or local entities, as well as other uses not covered in Categories NGP-1, NGP-2

and NGP-4.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

Fence (Enclosure Only).

Docks, Mooring Facilities and Associated Appurtenances.

Utility Services to Docks.

Gazebos/Chickees.

Walkways, Patio Stones and Similar At-Grade Installations.

Brush/Growth/Tree Removal.

Landscaping Consistent with Governing Board Approved Landscape Plan.

Temporary Sheds.

Pipe and Culvert Connections for Irrigation and/or Drainage.

Utility/Communication Installations (Aerial, Subaqueous, Pile-Supported, Parallel

Runs, Underground Feeds, Poles, Anchors, Down Guys, Attachment to Bridges).

Temporary Use of Right of Way for Access.

Filming/Motion Picture Production.

Monitoring Wells.

Signs (Informational/Regulatory).

Temporary Construction Office/Trailer.

Temporary Storage of Construction Material and/or Equipment.

All other uses not covered in Categories NGP-1, NGP-2 and NGP-4.

Notice General Permit Application or Modification (40E-6)

Category “NGP-4” - $900.00

This Category covers the following types of uses of the right of way, which are proposed

relating to:

1.

Bridges – vehicular (Private and Public), Golf Cart, Pedestrian (Pile-Supported

and Free-Span Only). Excludes Culvert Bridges.

34

STANDARD PERMIT FEE SCHEDULE

NOTE:

ISSUANCE OF A RIGHT OF WAY OCCUPANCY PERMIT IS PARTLY

CONTINGENT UPON SITE SPECIFIC CONDITIONS AND THEIR IMPACT ON THE

DISTRICT’S ABILITY TO OPERATE AND MAINTAIN THE CANAL SYSTEM. LACK OF

SUFFICIENT WIDTH OF RIGHT OF WAY TO PROVIDE FOR ALL FIVE (5) ZONES AS

INDICATED IN THE DISTRICT’S CRITERIA IS TAKEN INTO CONSIDERATION DURING

THE APPLICATION REVIEW PROCESS AND MAY NOT NECESSARILY BE GROUNDS

FOR DENIAL OF A PERMIT.

Standard Permit Application or Modification (40E-6)

Category “SP-1” – $75.00

This Category covers the following types of uses of the right of way by individual lot owners

in conjunction with adjacent domestic, single family residential land use which do not meet

Notice General Permit Criteria.

1.

Fences.

2.

Non-Public Docks, Launching Ramps, Mooring Facilities and Associated

Appurtenances.

3.

Utility Services to Docks.

4.

Seawalls/Bulkheads.

5.

Gazebos/Chickees.

6.

Walkways, Patio Stones and Similar At-Grade Installations.

7.

Brush/Growth/Tree Removal.

8.

Temporary Sheds.

9.

Bank/Berm Reshaping.

10.

Landscaping

Standard Permit Application or Modification (40E-6)

Category “SP-2” - $300.00

This Category covers the following types of uses of the right of way by homeowner

associations and condominium associations that are adjacent to more than one individual

lot or dwelling unit and do not meet Notice General Permit Criteria.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Fences.

Non-Public Docks, Launching Ramps, Mooring Facilities and Associated

Appurtenances.

Utility Services to Docks.

Seawalls/Bulkheads.

Gazebos/Chickees.

Walkways, Patio Stones and Similar At-Grade Installations.

Brush/Growth/Tree Removal.

Temporary Sheds.

Bank/Berm Reshaping.

Landscaping

35

Standard Permit Application or Modification (40E-6)

Category “SP-3” - $625.00

This Category covers the following types of uses of the right of way by developers, builders,

corporate entities, utilities, county, state or local entities, as well as other uses not covered in

Categories SP-1, SP-2 and SP-4.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

Fences.

Docks, Launching Ramps, Mooring Facilities and Associated Appurtenances.

Utility Services to Docks.

Seawalls/Bulkheads.

Gazebos/Chickees.

Walkways, Patio Stones and Similar At-Grade Installations.

Brush/Growth/Tree Removal.

Temporary Sheds.

Bank/Berm Reshaping.

Landscaping

Pipe and Culvert Connections for Irrigation and/or Drainage.

Utility/Communication Installations (Aerial, Subaqueous, Pile-Supported, Parallel Runs,

Underground Feeds, Poles, Anchors, Down Guys, Attachment to Bridges).

Petroleum, Petroleum Product and Pipeline Crossings.

Temporary Use of Right of Way for Access.

Filming/Motion Picture Production.

Monitoring Wells.

Signs (Informational/Regulatory).

Temporary Construction Office/Trailer.

Temporary Storage of Construction Material and/or Equipment.

Bank/Berm Reshaping.

Dredging.

Mitigation in Environmental Sensitive Area.

Use of or Connection to, Project Culverts.

Waste Water Treatment Plant/Effluent.

All other uses not covered in Categories SP-1, SP-2 and SP-4.

Standard Permit Application or Modification (40E-6)

Category “SP-4” - $1750.00

This Category covers the following types of uses of the right of way which do not meet Notice

General Permit Criteria.

1.

2.

3.

Bridges – vehicular (Private and Public), Golf Cart, Pedestrian (Pile-Supported, FreeSpan or Culvert).

Linear Parks, Greenways and Similar Public Parks and Recreation Projects.

Marinas and Associated Facilities.

36

Emergency Authorization Application (40E-6) - $275.00

This category is for those uses of the right of way which are listed in Categories “SP-1”,

“SP-2”, “SP-3” or “SP-4”, but where the applicant is requesting issuance of an Emergency

Authorization prior to Governing Board consideration for issuance of a routine Right of

Way Occupancy Permit. This fee is in addition to the required processing fee, as

described in Categories “SP-1”, “SP-2”, “SP-3” or “SP-4” of this schedule.

37

EXEMPTIONS

Utilization of the District’s rights of way for certain uses and facilities, in conformance with the

District’s criteria, are considered “exempt” from the issuance of a Notice General Permit or

Standard Right of Way Occupancy Permit from this District. However, sole responsibility for

ensuring that the use of or installation placed on the District’s rights of way meet District

criteria is borne by the users of the District’s rights of way. Should you desire the District will

provide you with a Letter Of Exemption, please contact us to discuss your proposed use or

installation. Please contact the Right of Way Division of the Construction and Land

Management Department, South Florida Water Management District.

UNDERSTANDING EXEMPTIONS

UNDER THE DISTRICT’S RIGHT OF WAY

PERMITTING RULES

(40E-6, F.A.C.)

Owners of facilities and users of the District’s rights of way seeking to qualify exemption under

District Rule acknowledge that:

A.

B.

C.

D.

The owner of the proposed encroachment or use of the right of way/user must be

the owner or lessee of the property (except those covered in Items E. and F.), lying

adjacent to the District’s Works, where improvement/use is proposed.

An exemption, pursuant to District Rules, does not relieve the owner/user from

compliance with other District permitting requirements and any applicable

permit/zoning requirements of federal, state and local governmental entities.

The District is not responsible for repair of any improvements which may incur

damage resulting from the District’s utilization of its rights of way/or use by third

parties. Improvements placed within the right of way are at the sole risk of the

owner.

Uses/facilities placed within the District’s rights of way not meeting the District’s

criteria are subject to removal, modification or alteration at the District’s discretion

at the sole expense of the owner/user without notice and with no guarantee of

salvageability.

38

EXEMPT FACILITIES AND USES

A.

DRAIN LINES (Pool, Roof, Air-Condition):

The installation and maintenance of pool or roof drain lines, AC heat exchanger, withdrawal

and water return lines is exempt from permitting under this chapter when:

1.

That portion of the line crossing the right of way is buried to provide a minimum of 18

inches of cover as measured from the existing ground elevation.

2.

That portion of the line located within the sideslope of the canal bank is buried in the

sideslope a minimum of 12 inches and stabilized with grass/sod.

3.

The line projecting into the channel is a minimum of 36 inches below the normal water

surface of the canal.

4.

The line does not extend more than 24 inches into the channel.

5.

The drain line is not for discharge of chemically contaminated or bio-hazardous

substances. (The discharge of chlorinated swimming pool water is acceptable).

6.

The proposed use does not adversely affect a previously-authorized use(s) of the right

of way.

7.

The proposed use is not located within an environmentally sensitive area.*

8.

The proposed use will not encroach within a Water Control Structure site or compound.

B.

GRASS/SOD:

The planting and maintenance of grass/sod is exempt from permitting under this chapter when:

1.

The grass/sod does not involve the re-shaping or alteration of levees, banks, berms or

other ground surfaces lying within the District’s Lands.

2.

Grass species are limited to bahia or other drought-tolerant species only.

3.

The proposed use does not adversely affect a previously-authorized use(s) of the right of

way.

4.

The proposal is not located within an environmentally sensitive area.*

5.

The proposed use will not encroach within a Water Control Structure site or compound.

C.

LOW-LYING GROUNDCOVER:

[Exhibit 1 provides a list of acceptable, native species of groundcover]

The planting/maintenance of low-lying groundcovers is exempt from permitting under this

chapter when:

1.

The proposal does not involve the re-shaping or alteration of banks, berms or other

ground surfaces lying within the District’s Lands.

2.

The proposed landscape plan of low-lying groundcover is comprised of native species

that is 2’ or lower in height or maintained to a maximum height of 2’.

3.

The proposed use does not adversely affect a previously-authorized use(s) of the right

of way.

4.

The proposal is not located within an environmentally sensitive area.*

5.

The proposed use will not encroach within a Water Control Structure site or compound.

39

EXEMPT FACILITIES AND USES (Cont’d.)

D.

IRRIGATION LINES, SPRINKLERS, FIRE FIGHTING DRAFT LINES:

(Residential and Non-Residential)

The installation and maintenance of irrigation lines and associated sprinkler systems are

exempt from permitting under this chapter when:

1.

That portion of the line crossing the right of way is buried to allow a minimum of 18

inches as measured from the existing ground elevation.

2.

That portion of the line located within the sideslope of the canal bank is buried in the

sideslope a minimum of 12 inches and stabilized with grass/sod.

3.

The line projecting into the channel is a minimum of 36 inches below the normal water

surface of the canal.

4.

The line does not extend more than 24 inches into the channel.

5.

No portion of a pump or a pumphouse is located within the District’s rights of way.

6.

If used, sprinkler heads must be set flush with ground or be of the pop-up variety.

7.

Concrete doughnuts, edging or similar materials are not placed around the sprinklers.

8.

Sprinklers are not placed at or near the top of the canal bank (to preclude wash-outs or

erosion of the bank and sideslope of the canal).

9.

A rain sensor, soil moisture sensor, soil moisture controller, tensionometer or similar

switch device is installed, which will over-ride the irrigation cycle of the sprinkler system

when an adequate rainfall has occurred.

10.

The system is operated in compliance with water use restrictions during water

emergencies or declared water shortages. The line does not leak or otherwise waste

water.

11.

The irrigation system is properly designed, operated and maintained to preclude leaks

or ponding that could lead to erosion.

12.

Proposed use does not adversely affect a previously-authorized use(s) of the right of

way.

13.

Proposed use is not located within an environmentally sensitive area.*

14.

If not exempt from the District’s Water Use Permit Permitting Rules, a Water Use Permit

has been obtained. (Certain types of water withdrawals require permits under the

provisions of Rule 40E-20, F.A.C. For this reason, it is recommended that you contact

the Water Use Division of the District’s Regulation Department).

15. The proposed use will not encroach within a Water Control Structure site or compound.

E.

NON-PROFIT, ORGANIZED RECREATIONAL EVENTS:

Boat races, regattas, sponsored walks or runs and other similar recreational activities are

exempt from permitting under this chapter when:

1.

The proposed use is a non-profit activity, or is a benefit for a charity.

2.

The proposed use does not include the placement of permanent or semi-permanent

above-ground structures within the District’s right of way.

3.

The proposed use does not interfere with District operations and maintenance activities.

4.

The proposed activity does not impede or interfere with canal flows.

5.

The proposed activity does not preclude the public’s access to the District’s rights of

way.

6.

The proposed use does not adversely affect a previously-authorized use(s) of the right

of way.

40

7.

8.

The proposed use is not located within an environmentally sensitive area.*

The proposed use does not involve access to a Water Control Structure site or

compound.

NOTICE:

In those areas where the right of way is not solely owned by the SFWMD, be

advised that the owner of the land (underlying fee owner) has the right to prohibit

or limit use of that land for recreational activities.

F.

PASSIVE RECREATION:

Fishing, hiking, bicycling, equestrian and other similar passive recreational activities are

exempt from this chapter when:

1.

The proposed use does not include the use of motorized vehicles within District

rights of way.

2.

The proposed use does not adversely affect a previously-authorized use(s) of the right

of way.

3.

The proposed use is not located within an environmentally sensitive area.*

4.

The use is proposed by an established Not-For-Profit (501(c)(3)) organization.

NOTICE:

In those areas where the right of way is not solely owned by the SFWMD, be

advised that the owner of the land (underlying fee owner) has the right to prohibit

or limit use of that land for passive recreational activities.

* Environmentally sensitive areas are defined as wetlands, areas dominated by native

vegetation, mitigation areas, environmental restoration or enhancement areas, gopher tortoise

preserves, areas utilized by protected or listed species, and the reach of Canal 18

downstream of Water Control Structure 46.

41

Introduction:

The following list of native groundcovers is considered acceptable for use on

District rights of way.

Properly sited, these native groundcovers provide soil

stabilization, environmental, and aesthetic benefits, without interfering with the

District's operation and maintenance activities.

Rather than planting just one

species of groundcover, a mixture of species is suggested because it is difficult to

predict how well a groundcover may grow in a particular area.

In addition to

improving the chance of success, mixed plantings also provide diversity for greater

environmental benefits. It should be noted that wildflowers may bloom only at

certain periods of the year and re-seed themselves – another reason for

diversification of your plantings. The list is divided into the following categories.

Categories:

Wildflowers

Grasses

Ferns

Vines

Herbaceous

Woody

42

DEFINITIONS AND KEY TO ABBREVIATIONS

EXAMPLE:

COMMON NAME

Scientific name

PLANTING

ZONE

AVERAGE

HEIGHT

SALT

TOLERANCE

LIGHT

REQUIREMENT

SOIL

REQUIREMENT

GROWTH

RATE

FEATURES

AND

USES

CLIMAT

E ZONE

6 – 12"

H

H, M

S, WD

F

FL, A

S, SC

GROUNDCOVERS

Beach Sunflower

Helianthus debilis

U

Planting Zone

Relative elevation where optimum growth is expected. Closely related to moisture preference.

U = Upland

Elevated and generally drier soils; soil not water saturated. Typical of most residential lots. Upper

canal bank slope and canal overbank.

T = Transitional

Lower elevations where soil tends to be wetter; sometimes saturated. Lower portions of canal bank

slope.

W = Wetland

Littoral shelf or intertidal areas where soil is periodically inundated.

Lowest portion of canal slope and waterward.

Average Height

Height of average specimen expressed in inches or feet.

Salt Tolerance

Ability of plant to withstand exposure to salt.

H = High

High or exceptional tolerance to salt. Seaside/shoreline conditions.

M = Moderate

Moderate tolerance to salt exposure. Some seaward protection required.

L = Low

Low tolerance to salt exposure.

Light Requirement

Light conditions conducive to optimum growth.

H = High

Full sun.

M = Moderate

Partial sun. Shaded during part of the day.

L = Low

Low light levels. Shade to deep shade during most of the day.

43

Saturated soil conditions.

DEFINITIONS AND KEY TO ABBREVIATIONS (continued)

Soil Requirement

General soil characteristics conducive to optimum growth.

A

= Acidic

W = Wide range of soil types

S

= Sandy

M = Moist

MF = Moderately Fertile

Growth Rate

F =

WD = Well –Drained

FD = Flooded/Saturated

Relative growth rate under average or generally favorable conditions of soil, light, moisture, etc.

Fast

Features & Uses

M = Moderate

S = Slow

Features of notable interest of uses in landscaping.

FL = Flowers

A = Accent

FO = Foliage

SP = Specimen

BK = Bark

SH = Shade Tree

FR = Fruits

SCR= Screen

WV = Wildlife Value

HG = Hedge

Climate Zone

Region of state where climate will support long-term survival and growth of plant; often

corresponds to a natural range of plant. Closely related to resistance to cold temperatures.

All = All portions of the District. From Orlando area south, through the Florida Keys.

S =

Southern Portions of the state. From Lake Okeechobee area southward.

SC = Southern coastal areas. Same approximate latitude as Lake Okeechobee southward.

C =

Coastal areas.

44

NATIVE GROUNDCOVERS

COMMON NAME

Scientific Name

PLANTING

ZONE

AVERAGE

HEIGHT

SALT

TOLERANCE

LIGHT

REQUIRED

SOIL

REQUIRED

GROWTH

RATE

FEATURES

&

USES

CLIMATE

ZONE

WILDFLOWERS

Asters

Aster spp.

Beach Verbena

Verbena maritima

Beach Sunflower

Helianthus debilis

Black-Eyed Susan

Rudbeckia hirta

Blanket Flower

Gaillardia pulchella

Blue-Eyed Grass

Sisyrinchium atlanticum

Blue Mistflower

Conoclinium coelestinum

Blue Porterweed

Stachytarpheta jamaicensis

Blue Spiderwort

Tradescantia ohiensis

Horsemint

Monarda punctata

Patridge Pea

Chamaecrista fasciculata

Pencil Flower

Stylosanthes hamata

Pineland Heliotrope

Heliotropium polyphyllum

Sage (Blue, Tropical, LyreLeaf) Salvia spp.

Scorpion Tail

Heliotropium angiospermum

U, T

VARIES

L, M

H, M

W

M,F

FL, WV

ALL

U

6 – 12”

H

H, M

S, WD

F

FL

S, SC

U

6 – 12”

H

H, M

S, WD

F

FL, A

S, SC

U

2'

L

H, M

W

F

FL

ALL

U

6 – 12”

M, H

H

S

F

FL

ALL

U, T

1'

L

H, M

M, MF

M

FL

ALL

U, T

1 – 2’

L

H, M

M, MF

F

FL, WV

ALL

U

6 – 12”

M

H, M

W

M

FL, WV

S, SC

U

1 – 2'

L

H, M

MF, S

M, F

FO, FL

ALL

U

2 – 3'

M

H, M

WD

F

FL, WV

ALL

U

2'

M, H

H, M

S, WD

F

FL

ALL

U

1 – 6"

H

H, M

WD, W

F

FL, FO

ALL

U

1 – 2'

M

H, M

W

M

FL

S, SC

U

1 – 3'

M, H

H, M

WD

M, F

FL, WV

ALL

U

2 – 3'

M

H, M

W

M, F

FL, WV

ALL

45

COMMON NAME

Scientific Name

PLANTING

ZONE

AVERAGE

HEIGHT

SALT

TOLERANCE

LIGHT

REQUIRED

SOIL

REQUIRED

GROWTH

RATE

FEATURES

&

USES

CLIMATE

ZONE

WILDFLOWERS (continued)

Tickseed

Coreopsis leavenworthii

U, T

1 – 2'

L

H, M

M, MF

M, F

FL

ALL

GRASSES

Bluestem

Schizachyrium spp.

Broom Sedge

Andropogon spp.

Cordgrass (Smooth)

Spartina alterniflora

Cordgrass (Sand)

Spartina bakeri

Eastern Gamagrass

Tripsacum dactyloides

Florida Gamagrass

Tripsacum floridanum

Muhly Grass

Muhlenbergia capillaris

Purple Lovegrass

Eragrostis spectablilis

Saltmeadow Cordgrass

Spartina patens

Seashore Dropseed

Sporobolus virginicus

Seashore Paspalum

Paspalum vaginatum

Wiregrass

Aristida beyrichiana

U

1-2 '

M

H, M

S, W

M

FO

ALL

T, U

2 – 4'

L, M

H, M

W, M

M, F

A, FO

ALL

W, S

2 – 4'

H

H

FD

F

FO, WV

ALL

T, U

2 – 3'

L, M

H

S

M

A, FO, WV

ALL

T, U

2 – 4'

L, M

H, M

M, MF

M

FO,WV,A

ALL

U

1 – 2'

L, M

H, M

W

M

FO, WV, A

S, SC

U, T

2'

M

H

S

M

A, FO, FL

ALL

U

1- 2'

M

H, M

S

M

FL

ALL

T

2'

H

H, M

S, M

M

FO, WV

ALL

T

1'

H

H, M

S, M

M

FO

ALL

T

6 – 12"

H

H, M

S, M

M

FO

ALL

U

1'

L

H, M

W

M

FO

ALL

46

COMMON NAME

Scientific Name

PLANTING

ZONE

AVERAGE

HEIGHT

SALT

TOLERANCE

LIGHT

REQUIRED

SOIL

REQUIRED

GROWTH

RATE

FEATURES

&

USES

CLIMATE

ZONE

FERNS

Fern, Leather

Achrostichum spp.

Fern, Shield

Thelypteris spp.

Fern, Swamp

Blechnum serrulatum

W, T

2 – 5'

M, H

W

M, MF, FD

F

A

S, SC

T, U

1– 3'

L

M, L

M, MF

S, M

A, FO

ALL

T, U

1 – 3'

L

M, L

M, MF

M, F

A, FO

ALL

VINES

Coral Honeysuckle

Lonicera sempervirens

Corky-Stemmed

Passionflower

Passiflora suberosa

Mimosa Vine

Mimosa strigillosa

Railroad Vine

Ipomea pes-capre

U

Vine

M

H, M

MF

M

FL, WV

ALL

U

Vine

M, H

W

W

M, F

WV

S, SC

U, T

1 – 6"

M

H, M

W

M, F

FL

ALL

U

1'

H

H

S, WD

F

FL, FO

SC, S

HERBACEOUS

Matchweed

Phyla nodiflora

Peperomia

Peperomia spp.

Alligator Lily

Hymenocallis palmeri

Spider Lily

Hymenocallis latifolia

String, Swamp Lily

Crinum americanum

Wild Petunia

Ruellia caroliniensis

U, T

1 - 6"

M, H

H, M

W

M, S

FO

ALL

U

6”

M

M, L

WD, MF

S, M

FO

ALL

W, T

2'

M

W

FD, M, MF

M

A, FO

ALL

U

2'

M, H

H, M

WD, S

M, F

A, FO

ALL

W, T

2'

M

W

M, F, FD

M

FO, FL

ALL

U

6”

M

W

W

M

FL

ALL

47

COMMON NAME

Scientific Name

PLANTING

ZONE

AVERAGE

HEIGHT

SALT

TOLERANCE

LIGHT

REQUIRED

SOIL

REQUIRED

GROWTH

RATE

FEATURES

&

USES

CLIMATE

ZONE

WOODY

Golden Creeper

Ernodea littoralis

Gopher Apple

Licania michauxii

Snowberry, Pineland

Chiococca pinetorum

St. John's Wort

Hypericum spp.

Quail Berry

Crossopetalum ilicifolium

Sea Oxeye Daisy

Borrichia frutescens

Yaupon Holly, Dwarf

Ilex vomitoria cv.

"Schellings"

U

1'

H

H

S, WD

M

FO

SC, S

U

6 – 12”

M, H

H, M

S, WD

M

FR, WV

ALL

U

2'

M

H, M

MF, S, WD

M

FR

SC, S

T, U

2'

L

H, M

M, S, A

M

FL

ALL

U

1 – 6"

M

H, M

MF

S

FO, WV

S, SC

T, U

2'

H

H,M

W

M, F

FL, FO

C

U

1 – 2'

M, H

H, M

W

S, M

FO, A

ALL

48

DISTRICT REQUIREMENTS

FOR DRAWINGS ACCOMPANYING APPLICATIONS

APPLICATION DRAWINGS:

For preliminary review purposes, the District will accept drawings larger than 8 ½” x 11”. When submitting

drawings larger than 8 ½” x 11”, a minimum of 6 sets of drawings must be submitted.

For permit file purposes, the application must provide a drawing (or drawings) not larger than 8 ½” x 11”.

This drawing(s) must be reproducible by common photocopy techniques. The use of colors is

discouraged, unless the applicant is willing to submit multiple copies. Reduced “E Size” or other large

drawings rarely result in legible 8 ½” x 11” drawings. Such illegible drawings are unacceptable.

Application drawings must:

1.

Utilize English units of measurement or a combination of English/Metric.

2.

Be drawn to scale or fully-dimensioned.

3.

Provide both plan and profile (section) views.

4.

Include a north arrow showing the orientation of the plan view of the drawing.

5.

Must be accompanied by a recent property or boundary survey depicting the lot or boundary lines

of the adjacent owner/applicant; the lot, block and subdivision (if applicable) must appear on the

survey or the survey must be accompanied by a metes and bounds description.

6.

Depict the location of the top of the canal bank and edge of water.

7.

Identify all existing encroachments and uses.

8.

Identify all proposed facilities and uses.

9.

Be certified by a Professional Engineer, registered in the State of Florida, when a vehicular

bridge is proposed.

10.

If applicable, vertical datum must be indicated on profile views.

CROSS-SECTIONS:

Cross-sections of canals and District rights of way are required for certain types of application review.

Applicants are encouraged to discuss the District's cross-section requirements, (number of sections,

locations, etc.), for a particular project before planning any field survey work.

Where cross-sections are required by the District, the applicant will provide cross-sections which meet the

following requirements:

1.

2.

3.

4.

5.

Elevations (soundings) taken and plotted at 10 foot intervals from right of way line to right of way

line, with the right of way lines shown on the each section.

Sections shall be plotted to the same horizontal and vertical scale (preferably 1" = 10') with the

design section overlaid on the existing cross-section. (CAD drawings having similar characteristics

are acceptable).

Show datum, utilizing NGVD.

Show north arrow showing orientation.

The number and locations of cross-sections needed to evaluate a proposal is based on a number

of site specific characteristics. Please contact the District’s Right of Way Permitting staff to discuss

cross-section requirements and obtain canal design section information.

49

ACCESS-TEMPORARY FOR CONSTRUCTION OR HAULING

(Allowable Zone 3, 4, 5)

In order to be eligible for use of the District's right of way for temporary access purposes to be

considered for issuance of a Notice General Permit, each of the following items listed below must

be met or exceeded, in their entirety. If your proposal does not meet the following criteria you

must apply for a Standard Permit. Responsibility is borne by the applicant to provide information

sufficient to the District which insures the following criteria will be met:

NOTES:

1.

The applicant is cautioned that the District's approval of such a request will be limited to its

interest in the right of way. Where the District owns less than a fee simple interest in the

right of way, it is the individual applicant's responsibility to obtain any additional approvals

that may be required.

2.

Where access to the right of way is controlled by District-owned locked gates, the

applicant must also obtain a Key Permit and pay any applicable fees or deposits as

specified by the District.

3.

Applicants are advised that the review of applications for this type of use of the District's

rights of way are often complex and time consuming, due to the need to obtain necessary

information and assurances. Applicants should anticipate delays in obtaining a permit for

this type of use and submit the request as early as possible. Further, the applicant should

also clearly understand that failure to maintain the right of way on a daily basis in

accordance with the terms and conditions of the permit is grounds for immediate permit

revocation. In this regard, permittees are responsible for the repair, replacement and

restoration of any damage to the District's rights of way, which may result from the

permitted use. Such restoration shall be to original or better condition and to the

satisfaction of the District.

Applicant Must Provide:

1.

A completed application for permit, including signature(s) and processing fee.

2.

Legible 8 ½” x 11” drawings, either drawn to scale or fully dimensioned depicting:

a.

The District rights of way lines.

b.

The location of access route tied into a well-known landmark(s).

c.

The precise locations of ingress and egress.

3.

Narrative addressing:

a.

The length of time use of the right of way is being requested.

b.

An outline of other alternate routes which are available and why they can not be

used.

c.

The type and size of vehicles to utilize right of way and frequency (in round trips per

day) that each type of vehicle would be using the right of way.

4.

The measures to be taken by applicant which will preclude the vehicular use of the right of

way by the general public.

5.

The posting of financial assurance in the form of a bond or other surety in an amount

satisfactory to the District.

6.

A Certificate of Insurance to the limits and amounts specified by the District.

50

ACCESS - TEMPORARY FOR CONSTRUCTION OR HAULING (CONT'D.)

Criteria To Be Met:

1.

The use must be proposed.

2.

The proposed use must not be in any way adverse to the District's operation and

maintenance programs, policies and goals.

3.

The proposal does not involve crossing a District Water Control Structure service

bridge.

4.

The project associated with the request has obtained all necessary permits,

licenses or other forms of approval.

5.

The proposed use does not adversely affect a previously-authorized use(s) of the

right of way.

6.

Assurance that no vehicular maintenance/repair activities, substances or parts

associated with the repair or maintenance of vehicles/equipment will take place, be

used, stored or discarded within the right of way.

7.

The proposed use will not interfere with the District’s continuous, interrupted

vehicular access along either canal berm.

8.

The proposed use is not intended to provide permanent access to owners of private

land that is otherwise "land-locked".

9.

The proposed use is not located in an area which the District has designated as an

area where temporary use of the right of way in the manner proposed is prohibited.

10.

The proposed use is not located within an environmentally sensitive area.*

A Notice General Permit will not be issued:

Requests for temporary access which do not strictly adhere to the criteria as outlined

above will not be eligible for consideration of issuance of a Notice General Permit.

* Environmentally sensitive areas are defined as wetlands, areas dominated by native

vegetation, mitigation areas, environmental restoration or enhancement areas, gopher

tortoise preserves, areas utilized by protected or listed species, and the reach of Canal 18

downstream of Water Control Structure 46.

51

BRIDGES (FREE-SPAN AND PILE-SUPPORTED) INCLUDING HIGHWAY,

PEDESTRIAN, BICYCLE AND GOLF CART, ETC.

(Allowable Zone 1)

In order to be eligible for a bridge crossing to be considered for issuance of a Notice General

Permit, each of the following items listed below must be met or exceeded, in their entirety. If

your proposal does not meet the following criteria you must apply for a Standard Permit.

Responsibility is borne by the applicant to provide information sufficient to the District which

insures the following criteria will be met:

NOTES:

1. Please refer to the Pile-Supported Utility Crossing section in this manual for utility crossing

installations.

2. For bridge located in Collier County, please refer to the Big Cypress Basin section in this

manual.

3. Applicants are cautioned that pile-supported bridge crossings have the potential to

adversely impact canal flow characteristics and limit District maintenance access

capabilities. Therefore, the designer is encouraged to take these factors into consideration

in the design stage and develop a proposal that will minimize these impacts.

4. The owner of the bridge is responsible for meeting any applicable safety standards for

structures of this type, either existing or as may be developed in the future.

Applicant Must Provide:

1. A completed application for permit, including signature(s) and processing fee.

2. Legible 8 ½” x 11” plan view and profile drawings, either drawn to scale or fully

dimensioned depicting:

a. The District rights of way lines.

b. The location tied into a well-known landmark.

3. A certified cross-section of the canal as it exists taken at:

- centerline of the bridge (assuming no skew).

- at the upstream face of the proposed bridge.

- 25 and 50 feet upstream of the upstream face of the proposed bridge face.

- at the downstream face of the proposed bridge.

- 25 and 50 feet downstream of the downstream face of the proposed bridge face.

Soundings shall be taken at 10 foot intervals from top of bank to top of bank and be

plotted on standard cross-section paper utilizing NGVD as datum and the same

horizontal and vertical scale preferably 1 inch = 10 feet, super-imposed over the

ultimate design section.

4. A Certificate of Insurance or evidence of self-insurance indemnification to the amounts and

limits specified by the District.

5. If the bridge proposed is to be a private bridge, the applicant must provide a detailed cost

analysis of the cost to remove and dispose of the bridge and restore the District’s right of

way.

6. If the bridge proposed is to be a private bridge, the applicant must post financial assurance

in favor of the District equal to the detailed cost analysis of removal and disposal of the

bridge, including restoration of the District’s right of way.

7. If the bridge proposed is a private bridge, applicant agrees to record the permit in the

County records prior to utilization of the District’s rights of way.

52

BRIDGES (FREE-SPAN AND PILE-SUPPORTED) CONT'D.

8. Verification that provisions have been made for all utility and other relocations.

9. Evidence that applicant has applied for and obtained a Surface Water Management Permit

from the District’s Regulation Department.

Design Criteria To Be Met:

1. The facility must be proposed.

2. The proposed structure must be designed and certified by a professional engineer

registered in the State of Florida.

3. The proposed design must not exceed the maximum allowable headloss through the

structure, 0.1', (one-tenth foot) in most places.

4. The structure meets or exceeds the applicable minimum clear horizontal center span and

minimum clear approach spans criteria (as measured from the face of the piles). (The

minimum clear center and horizontal spans vary depending on the location of the bridge.

See "Criteria for Basis of Review" in this manual).

5. The proposed structure meets or exceeds the minimum low member elevation. (Low

member elevations are site specific. Please contact the District's Right Of Way Permitting

staff for requirements).

6. The proposed design includes measures for right of way erosion control and bank

stabilization acceptable to the District.

7. The piles of proposed structure must align with pile bents of adjacent structures, (if

applicable).

8. The proposed installation is designed in such a way that it can be constructed without the

use of dams, fills or other constrictions or impediments to canal flows.

9. The proposed facility is designed and constructed to provide for continuous, uninterrupted

access for District maintenance equipment and vehicles along both canal berms located

inside the District’s rights of way.

10. The proposed plans provide required access features, such as but not limited to, drop

curbs, reinforced sidewalk sections, ramps, guardrail gaps and median gaps as directed

by the District.

11. The proposed facility is not located within a staging area or other area which the District

has designated as an area where installations such as proposed are prohibited.

12. The proposed facility is not located within an environmentally sensitive area.*

13. The proposed project does not adversely affect a previously authorized use(s) of the right

of way.

14. If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of way.

Construction Criteria To Be Met:

1. At no time will the canal be blocked or flows otherwise restricted or impeded. This shall

include a prohibition on dams or fills being placed in the canal during all phases of

construction and maintenance.

53

BRIDGES (FREE-SPAN AND PILE-SUPPORTED) CONT'D.

2. Where the District determines that excavation of the canal to the design section is

required, the Permittee will perform such excavation to the limits specified by the District.

3. At no time will the District’s continuous vehicular access, along either canal berm be

blocked, restricted or impeded during all phases of construction and maintenance.

4. Maintenance or recreational access will not be blocked during construction.

5. Excavated material from the canal shall not be stockpiled in the canal; permittee will

remove all excess material from the right of way.

6. Turbidity screens must be used during excavation and trench backfilling operations.

7. As-built certification that the excavated canal section meets or exceeds the canal section

specified by the District prior to the driving of piles (except for 1 test pile).

A Notice General Permit will not be issued:

Requests for installation of bridge crossings which do not strictly adhere to the Criteria

outlined above will not be eligible for consideration of issuance of a Notice General Permit.

* Environmentally sensitive areas are defined as wetlands, areas dominated by native

vegetation, mitigation areas, environmental restoration or enhancement areas, gopher tortoise

preserves, areas utilized by protected or listed species, and the reach of Canal 18

downstream of Water Control Structure 46.

54

CULVERT CONNECTIONS

(Allowable Zone 1, 2)

In order to be eligible for a culvert connection to be considered for issuance of a Notice General

Permit, each of the following items listed below must be met or exceeded, in their entirety. If your

proposal does not meet the following criteria you must apply for a Standard Permit.

Responsibility is borne by the applicant to provide information sufficient to the District which

insures the following criteria will be met:

NOTES:

In order to prevent the discharge of aquatic weeds into the District’s canal system, all culverts 36

inches in diameter or larger that serve to connect an open ditch or canal system to the Works of

the District will be equipped with a skimmer or baffle which effectively precludes the discharge of

aquatic weeds into the District’s canal system. The skimmer or baffle will be designed to be

effective through a range of water surface conditions from:

Lower Limit:

One (1) foot below either the District’s canal design water surface elevation or seasonal

low optimum water control elevation (whichever produces the lower elevation) to:

Upper Limit:

Two (2) feet above either the District’s canal design water surface elevation or seasonal

high optimum water surface elevation (whichever produces the higher elevation). In cases

where a riser is attached to the culvert, the top of the skimmer or baffle will be equal to the

top of the riser.

Maintenance of the skimmer or baffle is the responsibility of the permittee.

This requirement will not be applied where the applicant utilizes a pumped discharge system and

that system employs a functional trash rack (or other effective means of blocking the discharge of

aquatic weeds) on the intake side of the pump station.

The discharge of aquatic weeds into District Works is grounds for permit cancellation and removal

of the culvert facilities.

Applicant Must Provide:

1.

A completed application for permit, including signature(s) and processing fee.

2.

Legible 8 ½” x 11” plan view and profile drawings, either drawn to scale or fully

dimensioned depicting:

a.

The District’s rights of way lines.

b.

The location tied into a well-known landmark.

c.

The pipe size, material of pipe, invert elevation, controls, risers, burial depth at

crown of pipe, width of cover and if applicable, forebay.

d.

The distance pipe extends into canal.

3.

A property/boundary survey.

4.

Evidence that applicant has applied for and obtained a Water Use or Surface Water

Management Permit from the District's Regulation Department.

55

CULVERT CONNECTIONS (CONT’D.)

Design Criteria To Be Met:

1.

The facility must be proposed.

2.

The invert elevation is acceptable to the District and produces a crown elevation ½ foot

below the design water surface or optimum water control elevation, whichever produces

the lower installation. (Information for establishing invert elevations is site specific and can

be obtained by contacting the District’s Right of Way Permitting staff).

3.

The proposal incorporates a right of way erosion control and bank stabilization method that

is acceptable to the District.

4.

The length of the pipe is sufficient to provide a minimum 15' top width maintenance

roadway across pipe connection.

5.

Where required, the top of rip-rap headwall must match elevation of existing grade.

6.

Where used, end/headwalls include adequate returns to prevent erosion.

7.

The proposed design utilizes an effective skimmer to preclude the discharge of aquatic

weeds.

8.

The proposed facility is not located within an area which the District has designated as an

area where culvert connections are prohibited.

9.

A flap gate or similar device is placed on the discharge end of the proposed facility

(applies to those installations located downstream of a District Salinity Control Structure

(brackish/saltwater)).

10.

The proposed facility is not located within an environmentally sensitive area.*

11.

The proposed facility does not adversely affect a previously authorized use(s) of the right

of way.

12.

The proposed facility does not interfere with the District's maintenance and operations

activities.

13.

If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of way.

A Notice General Permit will not be issued:

Requests for culvert installations which do not strictly adhere to the Criteria outlined above will not

be eligible for consideration of issuance of a Notice General Permit.

* Environmentally sensitive areas are defined as wetlands, areas dominated by native

vegetation, mitigation areas, environmental restoration or enhancement areas, gopher

tortoise preserves, areas utilized by protected or listed species, and the reach of Canal 18

downstream of Water Control Structure 46.

56

DOCK AND ASSOCIATED FACILITIES - PILE-SUPPORTED

(Allowable Zone 1)

In order to be eligible for a pile-supported docking facility to be considered for issuance of a

Notice General Permit, each of the following items listed below must be met or exceeded, in their

entirety. If your proposal does not meet the following criteria you must apply for a Standard

Permit. Responsibility is borne by the applicant to provide complete information sufficient to the

District which insures the following criteria will be met:

NOTES:

1.

2.

For boat docks located in Collier County and specific criteria regarding required low member

elevations, please refer to the Big Cypress Basin section of this manual.

Applicants for boat docks are advised that permits will be required from the Department of

Environmental Protection (DEP), whose criteria may be more stringent than the Water

Management District’s. Additionally, approvals or permits are normally required from the local

building and zoning departments of the community. For this reason, it is suggested that proposals

for boat docks be first discussed with the DEP and other entities to determine the permittability

potential of the project, prior to filing an application with the District.

Applicant Must Provide:

1.

2.

3.

4.

5.

A completed application for permit, including signature(s) and processing fee, if applicable.

Legible 8 ½” x 11” plan view and profile drawings, either drawn to scale or fully dimensioned

depicting:

a.

The District’s rights of way lines.

b.

The location tied into a well-known landmark.

A recent boundary/property survey.

The type/size and location of associated facilities such as boat lifts, davits, whips, mooring piles,

etc.

The low member elevation of the proposed dock.

Criteria To Be Met:

1.

2

3.

4.

5.

6.

7.

8.

9.

10.

11.

The facility must be proposed.

The proposed dock is located adjacent to the landowner's lot within the extension of the lot lines,

as extended perpendicular from the centerline of the canal.

The proposed docking facilities, including associated mooring facilities and vessels moored thereto

must not extend more than 25% of the entire width of the canal. (As measured from either mean

high water or bulkhead line, whichever applies).

The minimum low member elevation requirement is met. (Low member elevations are site specific,

please contact the District’s Right of Way Permitting staff for information).

The proposed dock is not within an area 250' upstream of the centerline of a District Water Control

Structure or 250' downstream of the discharge end of a District Water Control Structure.

The dock is not proposed within 100’ of a bridge or pile-supported utility crossing.

The proposed facility must not be located within a staging area or other area where the District has

designated as an area where docks are prohibited.

The dock is not proposed inside an area where the District has installed cables or booms across

the canal.

The proposed facility is not located within an environmentally sensitive area.*

The proposed docking spaces accommodate no more than 3 watercraft.

The proposed dock space will not be rented or leased.

57

DOCKS AND ASSOCIATED FACILITIES - PILE-SUPPORTED (CONT’D)

12.

13.

14.

15.

16.

17.

18.

The proposed dock or any portion will not be used as either a temporary or permanent place of

residence or for the mooring of houseboats or other vessels being used for either a temporary or

permanent place of residence.

The proposed dock is not attached to a District owned bulkhead.

The proposed dock does not incorporate walls or other similar enclosures, whether solid, partly

solid, screened or transparent, regardless of the type of material to be used.

If the dock proposal includes a roof or other cover, the design must be supported by a Florida

professional engineer's or architect's certification that the structure conforms to the Standard

Building Code. 1

The proposed facility does not interfere with District access, operations or maintenance activities.

The proposed use does not adversely affect a previously-authorized use(s) of the right of way.

If applicable, applicant agrees to record the permit in the County records prior to utilization of the

District’s rights of way.

UTILITY SERVICES TO BOAT DOCKS

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

The utility service must be proposed.

The proposed utility service is not providing service to vessels being used temporarily or

permanently as "live-aboards".

The proposed utility service is supported by a Florida professional engineer or architect’s, or

supported by a Florida licensed electrical contractor or plumbing contractor’s certification that the

proposed installation(s) conform to the Standard Building Code.1

The applicant agrees to provide as-built certifications from a Florida professional engineer or

architect or supported by a Florida licensed electrical contractor or plumbing contractor’s

certification that the project was constructed in accordance with the design permitted by the

District. 1

If a water line is proposed, the water supply line, valves and appurtenances must not leak or

otherwise waste water.

The proposed utility service is not located within an area in which the District has designated as an

area where such proposals are prohibited.

The proposed utility service is not located within an environmentally sensitive area.*

The proposed utility service does not adversely affect a previously authorized use(s) of the right of

way.

The proposed utility service will not interfere with the District's access, operation or maintenance

activities.

The proposed utility service is of sufficient burial depth (18" or greater for water service, 24” or

greater for electrical service) to withstand the weight of the District's heavy maintenance equipment

and vehicles.

The plans of the proposed utility service do not incorporate above-ground facilities.

If applicable, applicant agrees to record the permit in the County records prior to utilization of the

District’s rights of way.

1

In lieu of a Florida licensed engineer, architect, licensed electrical

contractor or plumbing contractor=s certification, verification in the form of

final approval from the local building department verifying that the

installation meets the local building code requirement is acceptable.

58

DOCKS AND ASSOCIATED FACILITIES - PILE-SUPPORTED (CONT’D)

DECORATIVE OR SECURITY LIGHTS ON BOAT DOCKS:

1.

The lights must be proposed.

2.

The proposed decorative or security lighting shall be of a shielded, cut-off design that

minimizes light pollution to the surrounding areas.

3.

The proposed electrical service is of sufficient burial depth, 24” or greater, to withstand the

weight of the District's heavy maintenance equipment and vehicles.

4.

The proposed utility service is supported by a Florida professional engineer or architect, or

supported by a Florida licensed electrical contractor’s certification that the proposed

installation(s) conform to the Standard Building Code.1

5.

The applicant agrees to provide as-built certifications from a Florida professional engineer

or architect, or supported by a Florida licensed electrical contractor’s certification that the

project was constructed in accordance with the design permitted by the District. 1

6.

The proposed lighting is not used in conjunction with a dock facility being used either

temporarily or permanently as a "live-aboard".

7.

The proposed lighting is not located within an area in which the District has designated as

an area where such proposals are prohibited.

8.

The proposed lighting is not located within an environmentally sensitive area.*

9.

The proposed lighting does not adversely affect a previously authorized use(s) of the right

of way.

10.

The proposed lighting will not interfere with the District's access, operation or maintenance

activities.

11.

The plans of the proposed lighting do not incorporate above-ground facilities.

12.

If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of way.

BOAT DOCK STORAGE-LOCKERS/BOXES

1.

The dock storage locker or box is proposed.

2.

The proposed storage facility is not being used to accommodate vessels either being used

temporarily or permanently as a "live aboard".

3.

The storage is limited to fishing or boat-related equipment. Contents must not include

pesticides, fuel oils, or other petroleum products, including paints, thinners and solvents.

4.

The facility is not proposed to be located within an area which the District has designated

as an area where installations of this nature are prohibited.

5.

The facility is not proposed to be located within an environmentally sensitive area.*

6.

The proposed use does not adversely affect a previously authorized use(s) of the right of

way.

7.

If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of way.

59

DOCKS AND ASSOCIATED FACILITIES - PILE-SUPPORTED (CONT’D)

A Notice General Permit will not be issued:

Requests for placement of pile-supported docks and associated facilities, such as decorative

or security lighting, lockers/boxes on docks or utility services to docks which do not strictly

adhere to the criteria outlined above will not be eligible to be considered for issuance of a

Notice General Permit.

* Environmentally sensitive areas are defined as wetlands, areas dominated by native

vegetation, mitigation areas environmental restoration or enhancement areas, gopher tortoise

preserves, areas utilized by protected or listed species, and the reach of Canal 18 downstream of

Water Control Structure 46.

60

DOCK AND ASSOCIATED FACILITIES - FLOATING

(Allowable Zone: 1)

In order to be eligible for consideration of a Notice General Permit for floating docking facilities,

each of the following items listed below must be met or exceeded, in their entirety. If your proposal

does not meet the following criteria you must apply for a Standard Permit. Responsibility is borne

by the applicant to provide complete information sufficient to the District which insures the following

criteria will be met:

NOTES:

1.

2.

For boat docks located in Collier County and specific criteria regarding required low

member elevations, please refer to the Big Cypress Basin section in this manual.

Applicants for boat docks are advised that permits will be required from the Department of

Environmental Protection (DEP), whose criteria may be more stringent than the Water

Management District’s. Additionally, approvals or permits are normally required from the

local building and zoning departments of the community. For this reason, it is suggested

that proposals for boat docks be first discussed with the DEP and other entities to

determine the permittability potential of the project, prior to filing an application with the

District.

Applicant Must Provide:

1.

A completed application for permit, including signature(s) and processing fee, if applicable.

2.

Legible 8 ½” x 11” plan view and profile drawings, either drawn to scale or fully

dimensioned depicting:

a.

The District’s rights of way lines.

b.

The location tied into a well-known landmark.

3.

A recent boundary/property survey.

4.

The type/size and location of associated facilities such as boat lifts, davits, whips, mooring

piles, etc.

Criteria To Be Met:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

The facility must be proposed.

The proposed dock is located adjacent to the landowner's lot within the extension of the lot

lines, as extended perpendicular from the centerline of the canal.

The proposed docking facilities, including associated mooring facilities and vessels moored

thereto must not extend more than 25% of the entire width of the canal. (As measured

from either mean high water or bulkhead line, whichever applies).

The proposed dock is not located upstream of a District Water Control Structure or within

an area 250' downstream of the discharge end of a District Water Control Structure.

The proposed dock is not located within 100’ of a bridge or pile-supported utility crossing.

The proposed dock is not located inside an area where the District has installed cables or

booms across the canal.

The proposed facility must not be located within a staging area or other area which the

District has designated as an area where docks are prohibited.

The proposed facility is not located within an environmentally sensitive area.*

The proposed docking spaces accommodate no more than 3 watercraft.

The proposed dock space will not be rented or leased.

The proposed dock, or any portion thereof, will not be used either as a temporary or

permanent place of residence or for the mooring of houseboats or other vessels being used

for either a temporary or permanent place of residence.

The proposed dock is not attached to a District-owned bulkhead.

61

DOCK AND ASSOCIATED FACILITIES – FLOATING (CONT’D).

13.

14.

15.

16.

17.

The proposed dock does not incorporate walls or other similar enclosures, whether solid,

partly solid, screened or transparent, regardless of type of material to be used.

If the dock proposal includes a roof or other cover, the design must be supported by a

Florida professional engineer’s or architect's certification that the structure conforms to the

Standard Building Code.1

The proposed facility does not interfere with District access, operations or maintenance

activities.

The proposed use does not adversely affect a previously-authorized use(s) of the right of

way.

If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of way.

UTILITY SERVICES TO BOAT DOCKS

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

The utility service must be proposed.

The proposed utility service is not providing service to a dock facility being used either

temporarily or permanently as a "live-aboard".

The proposed utility service is supported by a Florida professional engineer or architect, or

supported by a Florida licensed electrical contractor or plumbing contractor’s certification

that the proposed installation(s) conform to the Standard Building Code. 2

The applicant agrees to provide as-built certifications from a Florida professional engineer

or architect, or supported by a Florida licensed electrical contractor or plumbing contractor’s

certification that the project was constructed in accordance with the design permitted by the

District. 1

If a water line is proposed, the water supply line, valves and appurtenances must not leak

or otherwise waste water.

The proposed utility service is not located within an area in the District has designated as

an area where such proposals are prohibited.

The proposed utility service is not located within an environmentally sensitive area.*

The proposed utility service does not adversely affect a previously authorized use(s) of the

right of way.

The proposed utility service will not interfere with the District's access, operation or

maintenance activities.

The proposed utility service is of sufficient burial depth (18" or greater for water service, 24”

or greater for electrical service) to withstand the weight of the District's heavy maintenance

equipment and vehicles.

The plans of the proposed utility service do not incorporate above-ground facilities.

If applicable, applicant agrees to record the permit in the County records prior to utilization

of the District’s rights of wa

This text is long and has been trimmed here. Open the source document for the complete record.