Fla. Admin. Code Ann. R. 40E-6.041 - Consent Required
(1) Unless expressly
exempt by law or District rule, a right of way occupancy permit, either a
notice general permit or a standard permit, must be obtained prior to
connecting with, placing structures in or across, discharging into or making
use of the works of the District and any additional lands or real property
interest owned by the District used in conjunction with such works, including
the Stormwater Treatment Areas (STA's).
(2) All other use and occupancy of District
works or lands must be consistent with the purposes and objectives of Chapter
373, F.S., and Division 40E, F.A.C.
(3) These rules do not apply to:
(a) Those portions of "management areas"
described pursuant to Chapter 40E-7, Part V, F.A.C., not contained within Works
of the District, or
(b) Property
managed by the District pursuant to the District's Real Estate of leasing
policies, except as otherwise limited by subsection
40E-6.221(9),
F.A.C.
(4) These rules do
not apply to the Seminole Tribe of Florida at such time as there exists a
District approved agreement specifically addressing the use and management of
District rights of way between the District and the Seminole Tribe of
Florida.
(5) Except when works or
lands of the District have been affirmatively opened to public vehicular use, a
right of way occupancy permit must be obtained prior to traveling on or across
such works or lands.
(6) A
conceptual approval for the use of works of the District may be obtained by
processing a right of way occupancy permit application in conjunction with the
request for a letter of conceptual approval only if the letter of conceptual
approval is requested pursuant to Section
380.06(9)(b),
F.S.
Notes
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085, 373.086, 380.06(9)(b), 373.118 FS.
New 9-3-81, Formerly 16K-5.01(1), 16K-5.10, Amended 7-1-86, 12-29-86, 12-24-91, 9-15-99, 8-12-13.
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