Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40B - Suwannee River Water Management District
Chapter 40B-9 - WATER MANAGEMENT LANDS ACQUISITION PROCEDURES
Section 40B-9.1411 - Special Use Authorizations

Universal Citation: FL Admin Code R 40B-9.1411

Current through Reg. 50, No. 187; September 24, 2024

(1) Persons may apply for Special Use Authorizations for public uses of District lands not specifically authorized in Part II of this chapter and Rule 40B-9.131, F.A.C., provided the impacts from the requested use are consistent with the District's Land Management Plan. If the application is approved, a Special Use Authorization will be issued specifying the terms of the Authorization. If the application is denied, the applicant may appear before the District's Governing Board at a regularly scheduled meeting.

(2) Persons who receive Special Use Authorizations must have the authorization in their possession at all times while on District lands. Failure to comply with the terms of the authorization is grounds for revocation of the authorization and denial of future authorizations.

(3) To receive a Special Use Authorization, the applicant must provide reasonable assurance that the requested use:

(a) Is natural resource-based;

(b) Will not permanently alter District lands;

(c) Is consistent with the management of the District lands involved;

(d) Will not harm the environmental or historical resources of the District lands;

(e) Will not cause unreasonable expense to the District;

(f) Will not create a substantial risk of liability to the District;

(g) Will not harm any dam, impoundment, works, water control structures, roads, or District owned facilities or equipment;

(h) Will not interfere with District leased, licensed, or authorized uses of the land; and,

(i) Will not interfere with any other use allowed by Part II of this chapter.

The District shall impose upon any Special Use Authorization issued pursuant to this chapter such reasonable conditions as are necessary to assure that the use or activity authorized will meet the criteria set forth in this chapter.

(4) The Governing Board hereby delegates to the Executive Director or such District staff member as designated by the Executive Director the authority to issue, deny or revoke Special Use Authorizations pursuant to this section.

(5) Any person may apply for a Special Use Authorization according to the following procedure:

(a) Submit an oral or written request addressing the reasonable assurances required by this section to Suwannee River Water Management District at (386)362-1001 or 1(800)226-1066 (Florida only) or 9225 County Road 49, Live Oak, FL 32060, or complete a pre-approved authorization obtained from a District kiosk on the property.

(b) If the requested use will create a substantial risk of liability to the District, the applicant may mitigate by:
1. Providing proof of liability and property damage insurance naming the District as an additional insured party in an amount sufficient to cover the cost of the liability posed to the District, or

2. Providing waivers or releases of liability sufficient to eliminate the liability posed to the District.

(c) The application shall be reviewed by District staff for compliance with the criteria listed in this section and a recommendation regarding the application forwarded to the Executive Director.

(d) If the requested use satisfies all of the criteria set forth in this section, authorized District staff shall issue the Special Use Authorization.

(e) If the requested use does not meet the criteria set forth in this section, authorized District staff shall deny the Special Use Authorization application.

(6) Authorized District staff shall revoke a Special Use Authorization if the person authorized does not obtain all other required federal, state, or local approvals or permits prior to the start of any District authorized use.

Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1359, 373.1391, 373.1401 FS.

New 5-31-09, Amended 5-9-17.

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