Fla. Admin. Code Ann. R. 40C-9.380 - Right-of-Way Easements

(1) The District does not encourage the use of District Lands for utility right-of-way easements or other similar purposes. However, the District will grant right-of-way easements if the following criteria are met in the sequence listed below:

(a) First, an analysis is performed by the person or entity requesting the right-of-way demonstrating why the right-of-way cannot be located in a manner which will avoid the District Lands;

(b) Second, to the greatest extent possible, the proposed right-of-way must be located within an existing utility right-of-way easement, along the District Land boundary, or within an existing fireline or roadway;

(c) Third, the proposed right-of-way does not fragment wetland or other functioning habitat; and

(d) Fourth, the proposed right-of-way is not located on or under environmentally sensitive lands as defined by the District in the land management plan.

(2) The District must be compensated for the loss of intended use of the land within the proposed right-of-way.

Notes

Fla. Admin. Code Ann. R. 40C-9.380

Rulemaking Authority 373.044, 373.113, 373.1391 FS. Law Implemented 373.056, 373.088, 373.089, 373.1391 FS.

New 1-16-94, Amended 5-11-94.

New 1-16-94, Amended 5-11-94.