Florida Regulations 40E-1.6058: Posting, Publication and Requests for Notification of Permit Applications or Notices of Intent
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(1) Notice of Receipt of Permit Application or Notice of Intent. Persons who wish to be notified in writing or by electronic mail of any permit application or notice of intent which affects a designated geographic area shall notify the District in writing or by electronic mail, and shall specify their area of interest by county. Requests must be renewed every 6 months. The District shall provide notice in writing or by electronic mail of receipt of application or notice of intent to all persons who have filed in the preceding 6 months a written or electronic request for notification of any application or notice of intent affecting the designated geographic area in which the proposed activity is to occur.
(2) Publication of Notice of Receipt of Permit Application or Notice of Intent.
(a) Within 45 days of receipt of a permit application, the District shall electronically post notice thereof through a link on the home page of the District’s website. Within 45 days of receipt of an application for an individual water use permit; permit for construction or alteration of dams, impoundments, reservoirs, and appurtenant works under Florida Statutes Chapter 373, Part IV; and permit under Florida Statutes § 403.812, the District shall publish notice thereof in a newspaper having general circulation as defined in Florida Statutes Chapter 50, in the county in which the activity will occur. Permit applications submitted under Fl. Admin. Code Chapter 40E-6, shall not be subject to the requirements of this paragraph.
(b) Within 14 days of filing notice of intent to use a general permit or application for a standard permit, persons qualifying for the use thereof are not required to, but may publish notice of such filing in a newspaper of general circulation, as defined in Florida Statutes Chapter 50, in the area affected by the proposed project. Proof of publication shall be submitted to the District within 14 days of publication.
(c) Published Notice of Use for No Notice General Permits. Publication of notice of use of general permits for which no notice is required to be filed with the District may occur if desired by the permittee. The published notice must be published in a newspaper of general circulation, as defined in Florida Statutes Chapter 50, in the area affected by the proposed project within 7 days of commencing work. If published, proof of publication must be submitted to the district within 14 days of publication.
(3) Interested persons shall have the opportunity to inspect a copy of the permit application at the appropriate District Service Center and submit written comments, which shall be considered by the District if received before the District issues proposed agency action concerning the application. Where appropriate, the District shall request that persons submitting comments furnish additional information reasonably necessary to ascertain the nature of the comments.
(4) Persons who wish to be advised of the proposed agency action regarding a particular permit application shall file a written or electronic request for further notice within 14 days of receipt of the notice of application.
(5) The governing board may charge a subscription fee for information requested in accordance with this section to any person who has filed a written or electronic request for notification of any pending applications, pursuant to Fl. Admin. Code R. 40E-1.125
Rulemaking Authority 373.044, 373.113, 373.116, 373.118 FS. Law Implemented 120.60(3), 373.116, 373.118, 668.50 FS. History-New 10-3-95, Amended 7-2-98, 6-12-00, 10-1-06, 12-15-11, 1-19-14.
(2) Publication of Notice of Receipt of Permit Application or Notice of Intent.
(a) Within 45 days of receipt of a permit application, the District shall electronically post notice thereof through a link on the home page of the District’s website. Within 45 days of receipt of an application for an individual water use permit; permit for construction or alteration of dams, impoundments, reservoirs, and appurtenant works under Florida Statutes Chapter 373, Part IV; and permit under Florida Statutes § 403.812, the District shall publish notice thereof in a newspaper having general circulation as defined in Florida Statutes Chapter 50, in the county in which the activity will occur. Permit applications submitted under Fl. Admin. Code Chapter 40E-6, shall not be subject to the requirements of this paragraph.
(b) Within 14 days of filing notice of intent to use a general permit or application for a standard permit, persons qualifying for the use thereof are not required to, but may publish notice of such filing in a newspaper of general circulation, as defined in Florida Statutes Chapter 50, in the area affected by the proposed project. Proof of publication shall be submitted to the District within 14 days of publication.
(c) Published Notice of Use for No Notice General Permits. Publication of notice of use of general permits for which no notice is required to be filed with the District may occur if desired by the permittee. The published notice must be published in a newspaper of general circulation, as defined in Florida Statutes Chapter 50, in the area affected by the proposed project within 7 days of commencing work. If published, proof of publication must be submitted to the district within 14 days of publication.
(3) Interested persons shall have the opportunity to inspect a copy of the permit application at the appropriate District Service Center and submit written comments, which shall be considered by the District if received before the District issues proposed agency action concerning the application. Where appropriate, the District shall request that persons submitting comments furnish additional information reasonably necessary to ascertain the nature of the comments.
(4) Persons who wish to be advised of the proposed agency action regarding a particular permit application shall file a written or electronic request for further notice within 14 days of receipt of the notice of application.
(5) The governing board may charge a subscription fee for information requested in accordance with this section to any person who has filed a written or electronic request for notification of any pending applications, pursuant to Fl. Admin. Code R. 40E-1.125
Rulemaking Authority 373.044, 373.113, 373.116, 373.118 FS. Law Implemented 120.60(3), 373.116, 373.118, 668.50 FS. History-New 10-3-95, Amended 7-2-98, 6-12-00, 10-1-06, 12-15-11, 1-19-14.