Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40C - St. Johns River Water Management District
Chapter 40C-9 - WATER MANAGEMENT LANDS ACQUISITION AND MANAGEMENT
Section 40C-9.380 - Right-of-Way Easements
Universal Citation: FL Admin Code R 40C-9.380
Current through Reg. 50, No. 187; September 24, 2024
(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.
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.
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