# PERMIT INFORMATION MANUAL (1999)

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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

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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

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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

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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

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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

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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

[Text truncated at 120,000 characters. The full text is on the page linked above.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aseminole_tribe_fl%3A5bffe7af733c58fc. Public record. Not legal advice.