Florida Statutes Part IV - Management And Storage Of Surface Waters (Ss. 373.403-373.468)

• 373.403 - Definitions.
  When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following terms mean:(1) “Dam” means any artificial or natural barrier,...
• 373.406 - Exemptions.
  The following exemptions shall apply:(1) Nothing herein, or in any rule, regulation, or order adopted pursuant hereto, shall be construed to affect the right of any...
• 373.407 - Determination Of Qualification For An Agricultural-related Exemption.
  In the event of a dispute as to the applicability of an exemption, a water management district or landowner may request the Department of Agriculture...
• 373.409 - Headgates, Valves, And Measuring Devices.
  (1) The department or the governing board may, by regulation, require the owner of any dam, impoundment, reservoir, appurtenant work, or works subject to the provisions...
• 373.413 - Permits For Construction Or Alteration.
  (1) Except for the exemptions set forth herein, the governing board or the department may require such permits and impose such reasonable conditions as are necessary...
• 373.4131 - Statewide Environmental Resource Permitting Rules.
  (1) The department shall initiate rulemaking to adopt, in coordination with the water management districts, statewide environmental resource permitting rules governing the construction, alteration, operation, maintenance,...
• 373.4132 - Dry Storage Facility Permitting.
  The governing board or the department shall require a permit under this part, including s. 373.4145, for the construction, alteration, operation, maintenance, abandonment, or removal...
• 373.4133 - Port Conceptual Permits.
  (1) The Legislature finds that seaport facilities are critical infrastructure facilities that significantly support the economic development of the state. The Legislature further finds that it...
• 373.4135 - Mitigation Banks And Offsite Regional Mitigation.
  (1) The Legislature finds that the adverse impacts of activities regulated under this part may be offset by the creation, maintenance, and use of mitigation banks...
• 373.4136 - Establishment And Operation Of Mitigation Banks.
  (1) MITIGATION BANK PERMITS.—The department and the water management districts may require permits to authorize the establishment and use of mitigation banks. A mitigation bank permit...
• 373.4137 - Mitigation Requirements For Specified Transportation Projects.
  (1) The Legislature finds that environmental mitigation for the impact of transportation projects proposed by the Department of Transportation or a transportation authority established pursuant to...
• 373.4138 - High Speed Rail Project; Determination Of Mitigation Requirements And Costs.
  With respect to the High Speed Rail Project, any mitigation requirements and associated costs shall be determined by negotiation between the Department of Environmental Protection...
• 373.4139 - Local Government Transportation Infrastructure Mitigation Requirements.
  (1) The Legislature finds that environmental mitigation for the impact of transportation projects proposed as part of a coordinated multijurisdiction initiative undertaken with substantial funding from...
• 373.414 - Additional Criteria For Activities In Surface Waters And Wetlands.
  (1) As part of an applicant’s demonstration that an activity regulated under this part will not be harmful to the water resources or will not be...
• 373.4141 - Permits; Processing.
  (1) Within 30 days after receipt of an application for a permit under this part, the department or the water management district shall review the application...
• 373.4142 - Water Quality Within Stormwater Treatment Systems.
  State surface water quality standards applicable to waters of the state, as defined in s. 403.031(13), shall not apply within a stormwater management system which...
• 373.4143 - Declaration Of Policy.
  It is the policy of the Legislature that the state provide efficient government services by consolidating, to the maximum extent practicable, federal and state permitting...
• 373.4144 - Federal Environmental Permitting.
  (1) It is the intent of the Legislature to:(a) Facilitate coordination and a more efficient process of implementing regulatory duties and functions between the Department of Environmental...
• 373.4145 - Part IV Permitting Program Within The Geographical Jurisdiction Of The Northwest Florida Water Management District.
  (1) Within the geographical jurisdiction of the Northwest Florida Water Management District, taking into consideration the differing physical and natural characteristics of the area, the department...
• 373.4149 - Miami-dade County Lake Belt Plan.
  (1) The Legislature hereby accepts and adopts the recommendations contained in the Phase I Lake Belt Report and Plan, dated February 1997 and hereby accepts the...
• 373.41492 - Miami-dade County Lake Belt Mitigation Plan; Mitigation For Mining Activities Within The Miami-dade County Lake Belt.
  (1) The Legislature finds that the impact of mining within the rock mining supported and allowable areas of the Miami-Dade County Lake Belt Plan adopted by...
• 373.41495 - Lake Belt Mitigation Trust Fund; Bonds.
  (1) The Lake Belt Mitigation Trust Fund is hereby created, to be administered by the South Florida Water Management District. Funds shall be credited to the...
• 373.415 - Protection Zones; Duties Of The St. Johns River Water Management District.
  (1) Not later than November 1, 1988, the St. Johns River Water Management District shall adopt rules establishing protection zones adjacent to the watercourses in the...
• 373.416 - Permits For Maintenance Or Operation.
  (1) Except for the exemptions set forth in this part, the governing board or department may require such permits and impose such reasonable conditions as are...
• 373.417 - Citation Of Rule.
  In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application...
• 373.418 - Rulemaking; Preservation Of Existing Authority.
  (1) It is the intent of the Legislature that stormwater management systems be regulated under this part incorporating all of existing requirements contained in or adopted...
• 373.4185 - List Of Flocculants Permitted.
  The Department of Environmental Protection may develop and maintain a list of the flocculants that it has permitted to be used under part IV of...
• 373.419 - Completion Report.
  Within 30 days after the completion of construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, the permittee shall...
• 373.421 - Delineation Methods; Formal Determinations.
  (1) The Environmental Regulation Commission shall adopt a unified statewide methodology for the delineation of the extent of wetlands as defined in s. 373.019(27). This methodology...
• 373.4211 - Ratification Of Chapter 17-340, Florida Administrative Code, On The Delineation Of The Landward Extent Of Wetlands And Surface Waters.
  Pursuant to s. 373.421, the Legislature ratifies chapter 17-340, Florida Administrative Code, approved on January 13, 1994, by the Environmental Regulation Commission, with the following...
• 373.422 - Applications For Activities On State Sovereignty Lands Or Other State Lands.
  If sovereignty lands or other lands owned by the state are the subject of a proposed activity, the issuance of a permit by the department...
• 373.423 - Inspection.
  (1) During the construction or alteration of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, the governing board or department pursuant to s....
• 373.426 - Abandonment.
  (1) Any owner of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works wishing to abandon or remove such work may first be required...
• 373.427 - Concurrent Permit Review.
  (1) The department, in consultation with the water management districts, may adopt procedural rules requiring concurrent application submittal and establishing a concurrent review procedure for any...
• 373.4271 - Conduct Of Challenge To Consolidated Environmental Resource Permit Or Associated Variance Or Sovereign Submerged Lands Authorization Issued In Connection With Deepwater Ports.
  Notwithstanding s. 120.569, s. 120.57, or s. 373.427, or any other provision of law to the contrary, a challenge to a consolidated environmental resource permit...
• 373.4275 - Review Of Consolidated Orders.
  (1) Beginning on the effective date of the rules adopted under s. 373.427(1), review of any consolidated order rendered pursuant to s. 373.427(1) shall be governed...
• 373.428 - Federal Consistency.
  When an activity regulated under this part is subject to federal consistency review under s. 380.23, the final agency action on a permit application submitted...
• 373.429 - Revocation And Modification Of Permits.
  The governing board or the department may revoke or modify a permit at any time if it determines that a stormwater management system, dam, impoundment,...
• 373.430 - Prohibitions, Violation, Penalty, Intent.
  (1) It shall be a violation of this part, and it shall be prohibited for any person:(a) To cause pollution, as defined in s. 403.031(7), except as...
• 373.433 - Abatement.
  Any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works which violates the laws of this state or which violates the standards of the...
• 373.436 - Remedial Measures.
  (1) Upon completion of any inspection provided for by s. 373.423(3), the executive director or the department shall determine what alterations or repairs are necessary and...
• 373.439 - Emergency Measures.
  (1) The executive director, with the concurrence of the governing board, or the department shall immediately employ any remedial means to protect life and property if...
• 373.441 - Role Of Counties, Municipalities, And Local Pollution Control Programs In Permit Processing; Delegation.
  (1) The department shall, by December 1, 1994, adopt rules to guide the participation of counties, municipalities, and local pollution control programs in an efficient, streamlined...
• 373.4415 - Role Of Miami-dade County In Processing Permits For Limerock Mining In Miami-dade County Lake Belt.
  The department and Miami-Dade County shall cooperate to establish and fulfill reasonable requirements for the departmental delegation to the Miami-Dade County Department of Environmental Resource...
• 373.443 - Immunity From Liability.
  No action shall be brought against the state or district, or any agents or employees of the state or district, for the recovery of damages...
• 373.451 - Short Title; Legislative Findings And Intent.
  (1) Sections 373.451-373.4595 may be cited as the “Surface Water Improvement and Management Act.”(2) Legislative intent.—The Legislature finds that the water quality of many of the surface...
• 373.453 - Surface Water Improvement And Management Plans And Programs.
  (1)(a) Each water management district, in cooperation with the department, the Department of Agriculture and Consumer Services, the Department of Economic Opportunity, the Fish and Wildlife...
• 373.459 - Funds For Surface Water Improvement And Management.
  (1) Legislative appropriations provided to the water management districts for surface water improvement and management activities shall be available for detailed planning and plan and program...
• 373.4591 - Improvements On Private Agricultural Lands.
  The Legislature encourages public-private partnerships to accomplish water storage and water quality improvements on private agricultural lands. When an agreement is entered into between a...
• 373.4592 - Everglades Improvement And Management.
  (1) FINDINGS AND INTENT.—(a) The Legislature finds that the Everglades ecological system not only contributes to South Florida’s water supply, flood control, and recreation, but serves as...
• 373.45922 - South Florida Water Management District; Permit For Completion Of Everglades Construction Project; Report.
  Within 60 days after receipt of any permit issued pursuant to s. 404 of the Clean Water Act, 33 U.S.C. s. 1344, for the completion...
• 373.45924 - South Florida Water Management District; Everglades Truth In Borrowing.
  (1) Definitions.—As used in this section, unless the context otherwise indicates:(a) “Debt” means any evidence of indebtedness, including, but not limited to, an agreement to pay principal...
• 373.45926 - Everglades Trust Fund; Allocation Of Revenues And Expenditure Of Funds For Conservation And Protection Of Natural Resources And Abatement Of Water Pollution.
  (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds and declares the following:(a) The Everglades ecological system is unique in the world and one of Florida’s great treasures. The...
• 373.4593 - Florida Bay Restoration.
  (1) The Legislature declares that an emergency exists regarding Florida Bay due to an environmental crisis manifested in widespread die off of sea grasses, algae blooms,...
• 373.45931 - Alligator Alley Tolls; Everglades And Florida Bay Restoration.
  The South Florida Water Management District is authorized to expend funds from Alligator Alley tolls which have been deposited in the Everglades Fund of the...
• 373.4595 - Northern Everglades And Estuaries Protection Program.
  (1) FINDINGS AND INTENT.—(a) The Legislature finds that the Lake Okeechobee watershed, the Caloosahatchee River watershed, and the St. Lucie River watershed are critical water resources of...
• 373.4596 - State Compliance With Stormwater Management Programs.
  The state, through the Department of Management Services, the Department of Transportation, and other agencies, shall construct, operate, and maintain buildings, roads, and other facilities...
• 373.4597 - The Geneva Freshwater Lens Protection Act.
  (1) The Legislature finds that the Geneva Freshwater Lens, a single source water supply, is a unique and valuable water resource for the citizens of northeast...
• 373.461 - Lake Apopka Improvement And Management.
  (1) FINDINGS AND INTENT.—(a) The Legislature has expressed its intent that economically and technically feasible methods be developed to restore the Lake Apopka Basin through the Lake...
• 373.467 - The Harris Chain Of Lakes Restoration Council.
  There is created within the St. Johns River Water Management District, with assistance from the Fish and Wildlife Conservation Commission and the Lake County Water...
• 373.468 - The Harris Chain Of Lakes Restoration Program.
  (1) The Fish and Wildlife Conservation Commission and the St. Johns River Water Management District, in conjunction with the Department of Environmental Protection, pertinent local governments,...

Last modified: September 23, 2016