Current through Reg. 50, No. 187; September 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 agricultural
producer 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 Chapters 5M-2 through 5M-14, 5M-16 through 5M-19, or
5I-6, 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 within 60 days of ceasing production or 90 days
of adoption of this rule. 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 agricultural
producer meets the requirements of paragraphs
5M-1.010(1)(a)
and 5M-1.010(1)(b),
F.A.C.; and
3. Statement that the
agricultural producer 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) Producers 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 producer 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) Producers who are
temporarily inactive 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) F.S. Law Implemented 403.067(7)(d)2.c.
F.S.
New 5-12-20.
