Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40D - Southwest Florida Water Management District
Chapter 40D-22 - YEAR-ROUND WATER CONSERVATION MEASURES
Section 40D-22.303 - Variances and Waivers

Universal Citation: FL Admin Code R 40D-22.303

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

(1) Users may request relief from the provisions of Chapter 40D-22, F.A.C., by following the procedures outlined in Rule 40D-1.1002, F.A.C., in accordance with Section 120.542, F.S., and Chapter 28-104, F.A.C.

(2) Examples of circumstances, which, subject to the above referenced statute and rule and the provisions below, may be candidates for the issuance of a variance or waiver are:

(a) Properties with Irrigation systems that water both Odd and Even Numbered Addresses at the same time.

(b) Two or more properties which share a common source of water.

(c) A public or private water system experiencing, or anticipating, pressure problems associated with subsection 40D-22.201(4), F.A.C.

(d) Properties which, due to the amount of irrigated acreage in relation to the irrigation system configuration, cannot irrigate all zones in accordance with the watering days provided in paragraphs 40D-22.201(4)(a) -(d), F.A.C.

(e) A variance granted in accordance with Section 373.62(7), F.S.

(3) A variance is invalid if it has expired or if the property owner or agent violates terms of the variance.

(4) Users requiring relief from a local government's water conservation measures must petition that local government for relief.

Rulemaking Authority 120.542, 373.044, 373.113, 373.171 FS. Law Implemented 120.542, 373.119, 373.171, 373.175(4), 373.246(7), 373.609 FS.

New 9-15-03, Amended 12-7-10, 2-4-15.

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