Florida Administrative Code
40 - WATER MANAGEMENT DISTRICTS
40E - South Florida Water Management District
Chapter 40E-41 - SURFACE WATER MANAGEMENT BASIN AND RELATED CRITERIA
Section 40E-41.363 - Conditions for Issuance of Permits in the Water Preserve Area, Water Preserve Area Basin, or Adjacent to the Protective Levees

(1) In order to obtain a permit under this part, an applicant must provide reasonable assurance that the proposed activities will meet the requirements of this section; not be harmful to the water resources; and be consistent with the purposes and objectives set forth in Rule 40E-41.320, F.A.C.

(2) Projects located within one mile of existing or proposed WPA components, or the Protective Levees, shall leave sufficient overburden in place to prevent seepage increases eastward into surface water bodies, such as surface water management lakes, canals, ditches or ponds, in accordance with the following design criteria:

(3) Notwithstanding paragraphs (2)(a)-(d) above, applicants can:

(4) Proposed projects within the WPA, WPAB or adjacent to the Protective Levees shall not lower existing water table elevations.

(5) In addition to the water quality treatment volumes required in section 4.2.1. of the Applicant's Handbok Volume II, projects within the WPA or WPAB shall provide an additional fifty (50) percent retention/detention water quality treatment.

(6) No dredging or filling of wetlands shall be permitted in the WPA, except where necessary to provide access to upland sites; allow an economically viable use of private property; facilitate relocation or installation of essential public services such as electricity, transportation, telecommunications and water supply in locations compatible with the WPA objectives when it has been demonstrated that such services cannot be located outside the WPA; or to facilitate the objectives of the WPA or Comprehensive Everglades Restoration Plan.

(7) Mitigation for proposed impacts incurred in the WPA or WPAB must be provided within the WPAB, or at a mitigation bank or Regional Offsite Mitigation Area with an approved mitigation service area that includes the impact site, provided all other applicable criteria are met.