notebook - Southwest Florida Water Management District

Consent Agenda
October 25, 2011
Regulation Committee
Item 8
Initiation and Approval of Amendments to Rule 40D-40.302, F.A.C., to Clarify the
Threshold for General Environmental Resource Permits Involving Impacts to Surface
Waters
The District’s Annual Regulatory Plan for July 2011 – June 2012 identifies rulemaking initiatives
that are intended to amend or repeal outdated rules, reduce costs and implement changes that
would reduce burdens and achieve other streamlining benefits for the regulated public. One
such initiative relating to Environmental Resource Permits (ERPs) is to allow under the
threshold for General ERPs the ability to conduct dredge or fill activities in ponds up to one acre
in size and constructed in uplands, for which no mitigation is required. This amendment will
make the threshold for a general permit consistent with the provision in Section 3.2.2.2 of the
ERP Basis of Review which allows alterations to certain wholly owned ponds constructed
entirely in uplands and which are less than one acre in size without requiring mitigation to offset
adverse impacts to fish and wildlife.
Accordingly, staff proposes amendments to Rule 40D-40.302(2)(b)(3), Florida Administrative
Code (F.A.C.), to allow under the threshold for General ERPs the ability to conduct dredge or fill
activities in ponds up to one acre in size and constructed in uplands, for which no mitigation is
required.
A copy of the proposed rule amendments is included in the Board packet as an exhibit to this
item. This rulemaking initiative is included in the District’s Regulatory Plan for July 2011 – June
2012. A Statement of Estimated Regulatory Costs is not required as this rulemaking is not
expected to result in any direct or indirect cost increases for small businesses or increased
regulatory costs in excess of $200,000 within one year of implementation. Ratification by the
legislature also is not necessary for this rulemaking. Upon Governing Board approval of this
rulemaking package, District staff will submit notice to the Governor’s Office of Fiscal
Accountability and Regulatory Reform (OFARR) and proceed with formal rulemaking without
further Governing Board action. If substantive comments are received from the public or
reviewing entities such as OFARR or the Joint Administrative Procedures Committee, this
matter will be brought back to the Governing Board for further consideration. The below chart
identifies the rulemaking process, with the current step highlighted.
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