Fla. Admin. Code Ann. R. 40B-4.3030 - Conditions for Issuance of Works of the District Permits

(1) To obtain a Works of the District permit, an applicant must provide reasonable assurance the proposed activity does not:

(a) Present an immediate danger to public health or safety, or is not a violation of law;

(b) Discharge to waters of the state in violation of a permit condition of any unit of local, state, or federal government;

(c) Have the potential of individually or cumulatively reducing floodway conveyance or increasing water-surface elevations by more than 0.01 feet above the 100-year flood/one percent annual chance of flood elevation, or increasing soil erosion;

(d) Include clearing, construction, additions, reconstruction, or channelizing of runoff within the 75-foot setback or the calculated setback beyond what provides pedestrian access.

(e) Include mining, associated mining activities, and borrow pits;

(f) Include a residential structure elevated such that the lowest structural member of the building is below an elevation equal to one foot above the 100-year flood/one percent annual chance of flood elevation;

(g) Include a residential structure elevated with the use of fill;

(h) Include fill material placed above the natural grade of the ground except for minor amounts of fill exceeding 100 square feet of the cross-sectional area of the floodway, excluding structural pilings. This paragraph is not intended to limit the use of pilings for structural purposes. All fill placed on any single parcel of land after the implementation date of this chapter shall be considered cumulatively.

(i) Include clearing in areas outside of the 75-foot setback other than what is necessary to construct or reconstruct structures, drill water wells, dispose wastewater, or provide driveway access.

(j) Include new roads within a work of the district which at any point along the road, have a driving surface greater than one foot above adjacent natural ground elevations, or result in a net fill within the floodway.

(2) For development located on all properties not classified as single-family, agricultural, horticultural, or silvicultural, the calculated setback buffer shall be determined as follows: The calculated setback shall be a minimum of 75 feet and determined in accordance with the methodology contained in: "Urban Hydrology for Small Watersheds", U.S. Department of Agriculture, Soil Conservation Service, Engineering Division, Technical Release 55, June 1986; http://www.flrules.org/Gateway/reference.asp?No=Ref-03691 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03692 and, "Buffer Zone Study for Suwannee River Water Management District", Dames and Moore, http://www.flrules.org/Gateway/reference.asp?No=Ref-03168 and http://www.flrules.org/Gateway/reference.asp?No=Ref-03169, September 8, 1988. When calculating the setback, the post-development composite curve number for any one-acre area within the encroachment line shall not exceed a value of 46 for areas with predominantly Class A soils, a value of 65 for areas with predominantly Class B soils, a value of 77 for areas with predominantly Class C soils, or a value of 82 for areas with predominantly Class D soils.

Notes

Fla. Admin. Code Ann. R. 40B-4.3030

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086 FS.

New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07, 8-11-10, 2-28-12, 10-14-13, Amended by Florida Register Volume 50, Number 234, December 3, 2024 effective 12/15/2024.

New 9-25-85, Amended 2-12-87, 2-1-89, 12-22-92, 10-18-04, 5-13-07, 8-8-07, 8-11-10, 2-28-12, 10-14-13.