Florida Regulations 40E-1.602: Permits Required
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Unless expressly exempt by statute or District rule, permits must be obtained from the District prior to commencement of the following activities:
(1) A water use individual or general permit pursuant to Fl. Admin. Code Chapter 40E-2, must be obtained prior to use or withdrawal of water or dewatering activities;
(2) A water well construction permit pursuant to Fl. Admin. Code Chapter 40E-3, must be obtained prior to the construction, repair or abandonment of any well within the District;
(3) A water well contractor’s license, pursuant to Fl. Admin. Code Chapter 40E-3, must be obtained by contractors engaged in the business of construction, repair, or abandonment of water wells.
(4) An environmental resource permit pursuant to Chapter 62-330 or 40E-4, F.A.C., or, an individual or general surface water management or wetland resource permit grandfathered pursuant to Sections 373.414(11)-(16), F.S., must be obtained prior to:
(a) Construction, alteration, operation, maintenance, repair or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works including dredging or filling as prescribed by District rule,
(b) Establishment and operation of a mitigation bank.
(5) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.
(6) A proprietary authorization pursuant to Chapters 253 and 258, F.S., is required and shall be reviewed by the District for all activities which require a permit under Chapter 62-330 or 40E-4, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., and which are located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund pursuant to Florida Statutes § 373.427, Fl. Admin. Code Chapter 18-21 and Rules 18-18.014 and 62-343.075, F.A.C.
(7) An artificial recharge permit pursuant to Fl. Admin. Code Chapter 40E-5, must be obtained prior to construction of any project involving artificial recharge or the intentional introduction of water into any underground formation;
(8) A Works or Lands of the District permit pursuant to Fl. Admin. Code Chapter 40E-6, must be obtained prior to connecting with, placing structures in or across, discharging into or making use of works of the District and any additional lands or real property interests owned by the District.
(9) A Use of Works of the District within the Lake Okeechobee Basin General or Individual Permit must be obtained pursuant to Fl. Admin. Code Chapter 40E-61, by any owner of a parcel of land within the Lake Okeechobee Basin.
(10) An Occupancy or Use of the C-18 Right of Way general or individual permit pursuant to Fl. Admin. Code Chapter 40E-62, must be obtained prior to constructing, planting, maintaining, pruning, mooring boats, and placing other items on, across, under, or upon District lands and works along the C-18 canal right of way.
(11) A Use of Works of the District within the Everglades general, individual or master permit pursuant to Fl. Admin. Code Chapter 40E-63, must be obtained by any owner of a parcel of land in the Everglades Agricultural Area.
Rulemaking Authority 373.044, 373.113, 373.4131, 373.4135 FS. Law Implemented 120.60, 373.085, 373.106, 373.116, 373.118, 373.119, 373.171, 373.216, 373.309, 373.323, 373.413, 373.414, 373.416 FS. History-New 9-3-81, Formerly 16K-1.06, Amended 7-26-87, 5-11-93, 10-3-95, 4-1-96, 10-1-13, 7-14-14.
Terms Used In Florida Regulations 40E-1.602
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Statute: A law passed by a legislature.
(2) A water well construction permit pursuant to Fl. Admin. Code Chapter 40E-3, must be obtained prior to the construction, repair or abandonment of any well within the District;
(3) A water well contractor’s license, pursuant to Fl. Admin. Code Chapter 40E-3, must be obtained by contractors engaged in the business of construction, repair, or abandonment of water wells.
(4) An environmental resource permit pursuant to Chapter 62-330 or 40E-4, F.A.C., or, an individual or general surface water management or wetland resource permit grandfathered pursuant to Sections 373.414(11)-(16), F.S., must be obtained prior to:
(a) Construction, alteration, operation, maintenance, repair or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works including dredging or filling as prescribed by District rule,
(b) Establishment and operation of a mitigation bank.
(5) A conceptual environmental resource permit may be obtained for proposed surface water management systems or mitigation banks. However, a conceptual permit does not authorize construction or operation. A conceptual mitigation bank permit can be utilized to estimate the legal and financial requirements for the mitigation bank, information required for evaluation of the mitigation bank permit application, and potential mitigation credits that would be awarded to the specific project proposal.
(6) A proprietary authorization pursuant to Chapters 253 and 258, F.S., is required and shall be reviewed by the District for all activities which require a permit under Chapter 62-330 or 40E-4, F.A.C., or a permit under Sections 373.414(11)-(16), F.S., and which are located on submerged lands owned by the Board of Trustees of the Internal Improvement Trust Fund pursuant to Florida Statutes § 373.427, Fl. Admin. Code Chapter 18-21 and Rules 18-18.014 and 62-343.075, F.A.C.
(7) An artificial recharge permit pursuant to Fl. Admin. Code Chapter 40E-5, must be obtained prior to construction of any project involving artificial recharge or the intentional introduction of water into any underground formation;
(8) A Works or Lands of the District permit pursuant to Fl. Admin. Code Chapter 40E-6, must be obtained prior to connecting with, placing structures in or across, discharging into or making use of works of the District and any additional lands or real property interests owned by the District.
(9) A Use of Works of the District within the Lake Okeechobee Basin General or Individual Permit must be obtained pursuant to Fl. Admin. Code Chapter 40E-61, by any owner of a parcel of land within the Lake Okeechobee Basin.
(10) An Occupancy or Use of the C-18 Right of Way general or individual permit pursuant to Fl. Admin. Code Chapter 40E-62, must be obtained prior to constructing, planting, maintaining, pruning, mooring boats, and placing other items on, across, under, or upon District lands and works along the C-18 canal right of way.
(11) A Use of Works of the District within the Everglades general, individual or master permit pursuant to Fl. Admin. Code Chapter 40E-63, must be obtained by any owner of a parcel of land in the Everglades Agricultural Area.
Rulemaking Authority 373.044, 373.113, 373.4131, 373.4135 FS. Law Implemented 120.60, 373.085, 373.106, 373.116, 373.118, 373.119, 373.171, 373.216, 373.309, 373.323, 373.413, 373.414, 373.416 FS. History-New 9-3-81, Formerly 16K-1.06, Amended 7-26-87, 5-11-93, 10-3-95, 4-1-96, 10-1-13, 7-14-14.