Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES
Section 40D-22.201 - Year-Round Water Conservation Measures

Universal Citation: FL Admin Code R 40D-22.201

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

(1) General Requirements - The year-round water conservation measures contained in this section are applicable to all Users, including end Users served by public or private water systems and shall be effective throughout all geographical areas within the District. Any restrictions or other measures declared pursuant to Chapter 40D-21, F.A.C., or any Board or Executive Director order that is more restrictive than a water conservation measure contained within this chapter, shall supersede the water conservation measure for the duration of the applicable order.

(2) Wasteful and Unnecessary Use - In addition to the specific restrictions enumerated below, the following wasteful and unnecessary water uses are prohibited:

(a) Allowing water to flow from an unattended hose, unless that water is discharged from a functional water-to-air air conditioning unit, residential reverse osmosis treatment system, or similar device.

(b) Hand Watering a Lawn on an otherwise restricted day or more than once a day, except when used for Spot Treatment or other practices specified in this rule.

(c) Hosing-down a driveway or other impervious surface to remove grass clippings or other debris that can be removed with a broom or other dry methods.

(d) Hosing-down a building or other structure to remove cobwebs or other material that can be removed with a broom or other dry methods.

(e) Allowing water to flow from a broken sprinkler head, outdoor faucet, or other malfunctioning plumbing or irrigation system component, after receiving verbal or written notice of the malfunction from the District, water utility, or local government.

(3) Irrigation Uses - The following requirements shall apply to all Irrigation except Agriculture.

(a) Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein.

(b) Irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes with an attendant on site in the area being tested. Irrigation systems may routinely be operated for such purposes no more than once per week, and the total run time for each zone shall not exceed 10 minutes during the test.

(c) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers, insecticides, fungicides and herbicides, where such Irrigation is required by the manufacturer or by federal, state or local law or by applicable best management practices shall not be restricted. In the absence of specific alternative instructions from the manufacturer, such Irrigation shall be limited to one application of one-quarter inches within 24 hours of the application; and, such Irrigation shall be accomplished during allowable watering hours unless a professional applicator has posted a temporary sign containing the date of application and the date(s) of needed Irrigation and has also provided instructions listing the chemicals used and stating that the Irrigation must occur immediately rather than during allowable watering hours.

(d) Landscape may be watered using Low-Volume Irrigation methods on an as-needed basis instead of being restricted to certain days or times.

(e) Lawns may be Irrigated by Spot Treatment without regard to the normally allowable watering days. Lawns may only be irrigated by Spot Treatment by Hand-Watering or other targeted, manual means. Spot Treatment shall only be accomplished during allowable watering hours.

(f) In order to promote necessary rhizome repair, extra watering of Turfgrass may occur on any day of the week for a 14-day period after Core Aerification or Vertical Mowing has occurred. An entire zone of an Irrigation system, may only be used for rhizome repair watering if the zone in question is for an area that contains at least 50% Turfgrass recovering from Core Aerification or Vertical Mowing. If a zone contains less than 50% recovering Turfgrass, or if the recovering Turfgrass area is typically not watered by an Irrigation system, only the recovering Turfgrass is eligible for this 14-day exemption. Spot-Treatment, Hand Watering, or any appropriate method which isolates and waters only the recovering Turfgrass may be used.

(g) New Plant Material shall only be irrigated as follows:
1. Any New Plant Material may be irrigated during a 60-day establishment period for the purpose of maintaining plant health and encouraging root growth. From day 1 through day 30 of this establishment period, irrigation may occur on any day of the week. From day 31 through day 60 of this establishment period, irrigation is limited to one application on each of three specified days, except as otherwise provided herein. The three allowable days shall be as follows: Even Numbered Addresses may provide establishment period irrigation on Tuesday, Thursday and Sunday and Odd Numbered Addresses may provide establishment period irrigation on Monday, Wednesday and Saturday. Cemeteries and other properties two acres or greater are permitted to use an alternative schedule to provide three days of establishment irrigation per week from day 31 through day 60 so long as a written schedule of establishment period watering is maintained at the property. From day 31 through day 60, properties with no discernable address, such as common areas and rights of way, are permitted to provide establishment period irrigation on Tuesday, Friday and Sunday.

2. This establishment period begins the day the New Plant Material is installed, and is limited to areas containing New Plant Material only. An entire zone of an Irrigation system may only be used for establishment period watering if the zone in question is for an area that contains at least 50% New Plant Material. If a zone contains less than 50% New Plant Material, or if the New Plant Material is in an area that will be typically not be watered by an Irrigation system, only the New Plant Material is eligible for this 60-day exemption. Spot Treatment, Hand Watering, or any appropriate method which isolates and waters only the New Plant Material may be used.

3. On the day any New Plant Material is installed, it may be irrigated once without regard to the normally allowable watering times. Irrigation of the soil immediately prior to the installation of New Plant Material is also allowable without regard to the normally allowable watering times.

4. Irrigation of Sprigged turf area is allowable without regard to the normally allowable watering times for the entire 60-day establishment period.

5. Irrigation of new Turfgrass areas or other New Plant Material associated with a public works project, when and where conducted using tanker trucks or other vehicles, is allowable without regard to the normally allowable watering times for the entire 60 day establishment period.

6. Landscape may continue to be irrigated on an as-needed basis without regard to the normally allowable watering days or times after the establishment period ends if Low-Volume Irrigation technology is used, pursuant to paragraph 40D-22.201(3)(d), F.A.C.

7. Except as otherwise provided herein, all other establishment period watering shall occur during normally allowable watering times.

(h) Irrigation using Reclaimed Water shall not be restricted except as further restricted by a local government or other Reclaimed Water provider, as necessary, to promote conservation of this alternative water source. However, Users are encouraged to voluntarily conserve Reclaimed Water by not irrigating between the hours of 10:00 a.m. and 4 p.m. In addition, if Irrigation is accomplished with a source that contains a blend of Reclaimed Water and potable water, ground water, pond water or some other supply, the use of this blended water shall be subject to the restrictions that apply to that other supply, except for the following circumstances:
1. The other supply is incidental stormwater runoff that enters a Reclaimed Water storage pond;

2. The other supply is a withdrawal regulated by a Water Use Permit, provided that the quantity being blended with the Reclaimed Water is specifically authorized for blending purposes, such as withdrawals from an un-augmented stormwater system or water recovered from a permitted ASR well that stores seasonal diversions from a surface water body, including ASR well testing authorized in preparation for permit issuance;

3. The other supply is water recovered from a Reclaimed Water ASR well permitted by the Florida Department of Environmental Protection, including Reclaimed Water ASR well testing authorized in preparation for permit issuance; or

4. The applicable Reclaimed Water provider is implementing a District-authorized variance from the provisions of Rule 40D-22.201, F.A.C., which addresses use of the reclaimed water blend.

(i) The operation of an Irrigation system for the discharge of water from a water-to-air air conditioning unit or other water-dependent cooling system shall not be subject to the provisions of this rule.

(j) Irrigation of established Turfgrass and Landscape associated with a public works project, when and where conducted using tanker trucks or other vehicles, may occur without regard to the normally allowable watering days and times, except that Irrigation of Turfgrass by this method is limited to a maximum of two applications of 3/4 inches of water in any seven-day period after conclusion of the establishment period exemption specified above.

(k) One extra irrigation application may occur within 72 hours of the conclusion of a named tropical storm or hurricane warning, if needed, to flush salt from plant material that was inundated or subjected to spray from saltwater or brackish water.

(4) Lawn and Landscape Use - The following additional requirements or exceptions to subsections 40D-22.201(1) -(3), F.A.C., shall apply to Irrigation of Lawns and Landscape.

(a) Except as otherwise specified in this chapter, Even Numbered Addresses may accomplish necessary Lawn and Landscape Irrigation on only Thursday and/or Sunday.

(b) Except as otherwise specified in this chapter, Odd Numbered Addresses may accomplish necessary Lawn and Landscape Irrigation on only Wednesday and/or Saturday.

(c) Except as otherwise specified in this chapter, all properties not included in paragraphs (4)(a) and (b) above, including rights-of-way and common areas not associated with a specific property and other locations without any discernable address, may accomplish necessary Lawn and Landscape irrigation on only Tuesday and/or Friday.

(d) Cemeteries and other Users irrigating property two acres or greater may water one-half of the property on the days allowed for Even Numbered Addresses and may water the remaining one-half on the days allowed for Odd Numbered Addresses. Each such User is required to maintain a map or sketch on site that indicates which days each part of the property will be watered, and the District or applicable local government may require that a copy of this same map or sketch be provided for verification or enforcement purposes.

(e) Any automatic Irrigation system in use must include a properly installed, maintained and operating device or system that inhibits or interrupts operation of the Irrigation system during periods of sufficient moisture. Examples of such technology include a rain sensor, a soil moisture sensor or an evapotranspiration based controller with local weather station.

(5) Golf Course Use - The following additional requirements or exceptions to subsections 40D-22.201(1) -(3), F.A.C., shall apply to Golf Course Irrigation as appropriate:

(a) Users who possess a WUP are required to maintain compliance with all WUP conditions and terms, including those designed to require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall constitute compliance in lieu of other measures specified in subsections 40D-22.201(2) -(5), F.A.C.

(b) Except as excluded by paragraph 40D-22.201(5)(a), F.A.C., all Users for Golf Course Irrigation shall use:
1. Best Management Practices for Florida Golf Courses, University of Florida, Institute of Food and Agricultural Sciences, Cooperative Extension Service, Department of Environmental Horticulture, 1993, as amended; or

2. The following measures:
a. Irrigation shall be limited to the times specified in subsection 40D-22.201(3), F.A.C.

b. Fairways, roughs and Driving Ranges shall be watered no more than two times per week.

c. Tees and greens shall be watered no more than three times per week.

d. The Irrigation of tees and greens shall not be restricted when such Irrigation is for plant protection, including Frost/Freeze or Heat Stress, except as limited by subsection 40D-22.201(2), F.A.C.

e. Spot Treatment and Syringing are not restricted.

f. Irrigation related to overseeding that is a component of a fall transition program shall not be restricted to a certain number of applications each week.

(6) Athletic Play Area Irrigation - The following additional requirements or exceptions to subsections 40D-22.201(1) -(3), F.A.C., shall apply to Athletic Play Areas:

(a) Operation of an Irrigation system for plant protection of Athletic Play Area Turfgrass fields, including Frost/Freeze or Heat Stress prevention, shall not be restricted, except in accordance with subsection 40D-22.201(2), F.A.C.

(b) The wetting of clay tennis courts, baseball/softball infields, livestock or rodeo areas and other non-Turf-grass Athletic Play Areas immediately prior to play is allowable to ensure athlete/animal safety, comply with sport standards and control dust.

(c) Baseball, softball, football, soccer, polo and other similar Turfgrass playing field surfaces may receive one extra Irrigation application immediately after heavy league play if necessary to encourage turf repair needed to maintain safe play conditions.

(d) Spot Treatment and Syringing are not restricted.

(e) One-half of Athletic Play Areas may be irrigated on Mondays and/or Thursdays; the other half may be irrigated on Tuesdays and/or Fridays for the purpose of meeting normal supplemental Irrigation needs. A map or sketch shall be maintained on site that indicates which days each part of the property will be watered, and the District or applicable local government may require that a copy of this same map or sketch be provided for verification or enforcement purposes.

(7) Agriculture Use - The following additional requirements or exceptions to subsection 40D-22.201(1), F.A.C., shall apply to Agriculture as appropriate:

(a) Users who possess a WUP are required to maintain compliance with all WUP conditions and terms, including those designed to require the utilization of water conserving practices. Compliance with all WUP conditions and terms shall constitute compliance in lieu of other measures specified in subsections 40D-22.201(1) -(2) and (7), F.A.C.

(b) Except as excluded by paragraph 40D-22.201(7)(a), F.A.C., all Irrigation for Agriculture shall follow these measures:
1. Use of Micro-irrigation and other Low-Volume Irrigation methods shall not be restricted.

2. Operation of an Irrigation system for plant protection, including Frost/Freeze or Heat Stress prevention, shall not be restricted.

3. Irrigation for the purpose of watering-in fertilizers, insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall not be restricted.

4. All other Irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m.

Rulemaking Authority 373.044, 373, 113, 373.171 FS. Law Implemented 373.171, 373.219, 373.223, 373.62 FS.

New 3-15-92, Amended 9-15-03, 11-5-09, 12-7-10, 5-13-14.

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