Current through Reg. 50, No. 249, December 24, 2024
(1) To qualify as a Temporarily Inactive
Operation under the best management practices (BMP) programs listed in
subsection (2) or (3) of this rule, an Enrollee must:
(a) Have been engaged in active agricultural
production on parcels for which temporarily inactive status is being sought
within the preceding five (5) years or, if in citrus production, ten (10) years
of the date of notification required in paragraph
5M-1.010(1)(d),
F.A.C.;
(b) Be enrolled in the BMP
programs as provided in any of Chapters 5M-2 through 5M-14 or 5M-16 through
5M-19, F.A.C., on applicable parcels and production activities;
(c) Maintain the land as fallow for more than
one year; and
(d) Notify the
Department in writing to AgBmpHelp@FDACS.gov or the Florida Department of
Agriculture and Consumer Services, Office of Agricultural Water Policy, 407
South Calhoun Street, Tallahassee, FL 32399, and request classification as a
Temporarily Inactive Operation. Such notification shall include:
1. Identification of the parcel to be
classified as a Temporarily Inactive Operation, including the existing Notice
of Intent to Implement BMPs (NOI) numbers, parcel numbers and geographic extent
of those areas to be classified as temporarily inactive;
2. Confirmation that the Enrollee meets the
requirements of paragraphs
5M-1.010(1)(a)
and 5M-1.010(1)(b),
F.A.C.; and
3. Statement that the
Enrollee intends to return to active agricultural production on those parcels
subject to temporarily inactive status within a time period not to exceed five
(5) years from the date of notification, unless the production areas are
verified as still inactive by the Department prior to the expiration of the
five-year period.
(2) For Temporarily Inactive Operations, the
following BMPs shall be applicable and constitute the basis for verification of
the status of implementation:
(a) No
fertilizer is applied to the inactive parcel in any form;
(b) Installed or constructed surface water
management systems and structures are operated in accordance with a permit
issued pursuant to Section
373.4131, F.S. In the absence of
such a permit, the system and structures are maintained in working order and
operated consistent with the practices below:
1. For ditch systems that contain water
control structures, remove boards only when necessary to prevent adverse
hydrologic impacts to adjacent parcels; and
2. During the inactive period, fixed weirs or
other means of outfall shall be maintained, or repaired if necessary, to
achieve the same level of service as when the operation was enrolled or the
infrastructure was constructed.
(c) During the inactive period, the primary
infrastructure for irrigation or water table management systems shall be
maintained at the same condition as when the operation became inactive. Primary
infrastructure does not include secondary distribution pumps;
(d) Implement measures to prevent or control
woody exotic and invasive vegetative species listed in Rule
5B-57.007, F.A.C.; and
(e) Manage and store chemicals, fuels, and
other regulated materials on the property as required by state and federal
law.
(3) Enrollees who
have executed, or expect to be under, a contract, easement, or other agreement
with the Florida Department of Environmental Protection, a water management
district, or the Department to operate a water resource project shall operate
in compliance with the terms of such contract, easement, or other agreement.
The Enrollee must return to active agricultural production within five (5)
years of the expiration or termination of the contract, easement, or other
agreement, including any extensions and amendments. If the operations are
terminated prior to the expiration due to lack of funding, the time period to
return to active agricultural operation shall begin from the last date of
operating the system.
(4) Those areas within an existing NOI that
are not subject to classification as Temporarily Inactive Operations shall
remain subject to the conditions of the existing NOI.
(5) An Enrollee who has a parcel(s)
classified as a Temporarily Inactive Operation must notify the Department in
writing to AgBmpHelp@FDACS.gov or the Florida Department of Agriculture and
Consumer Services, Office of Agricultural Water Policy, 407 South Calhoun
Street, Tallahassee, FL 32399, and request re-classification or enroll in BMPs
specific to their commodity within 60 days of starting production.
Rulemaking Authority 403.067(7)(c)2., 403.067(7)(d)2.c.,
570.07(10),
570.07(23) FS.
Law Implemented 403.067(7)(c)2., 403.067(7)(d)2.c.
FS.
New 5-12-20.
