373.413 Permits for construction or
alteration. ---
(1) Except for the exemptions set forth herein, the governing
board or the department may require such permits and impose such reasonable
conditions as are necessary to assure that the construction or alteration of
any stormwater management system, dam, impoundment, reservoir, appurtenant
work, or works will comply with the provisions of this part and applicable
rules promulgated thereto and will not be harmful to the water resources of
the district. The department or the governing board may delineate areas
within the district wherein permits may be required.
(2) A person proposing to construct or alter a stormwater
management system, dam, impoundment, reservoir, appurtenant work, or works
subject to such permit shall apply to the governing board or department for a
permit authorizing such construction or alteration. The application shall
contain the following:
(a) Name and address of the applicant.
(b) Name and address of the owner or owners of the land upon which
the works are to be constructed and a legal description of such land.
(c) Location of the work.
(d) Sketches of construction pending tentative approval.
(e) Name and address of the person who prepared the plans and
specifications of construction.
(f) Name and address of the person who will construct the proposed
work.
(g) General purpose of the proposed work.
(h) Such other information as the governing board or department may
require.
(3) After receipt of an application for a permit, the governing
board or department shall publish notice of the application by sending a
notice to any persons who have filed a written request for notification of
any pending applications affecting the particular designated area. Such
notice may be sent by regular mail. The notice shall contain the name and
address of the applicant; a brief description of the proposed activity,
including any mitigation; the location of the proposed activity, including
whether it is located within an Outstanding Florida Water or aquatic
preserve; a map identifying the location of the proposed activity subject to
the application; a depiction of the proposed activity subject to the
application; a name or number identifying the application and the office
where the application can be inspected; and any other information required by
rule.
(4) In addition to the notice required by subsection (3), the
governing board or department may publish, or require an applicant to publish
at the applicant's expense, in a newspaper of general circulation within the
affected area, a notice of receipt of the application and a notice of
intended agency action. This subsection does not limit the discretionary
authority of the department or the governing board of a water management
district to publish, or to require an applicant to publish at the applicant's
expense, any notice under this chapter. The governing board or department
shall also provide notice of this intended agency action to the applicant and
to persons who have requested a copy of the intended agency action for that
specific application.
(5) The governing board or department may charge a subscription
fee to any person who has filed a written request for notification of any
pending applications to cover the cost of duplication and mailing
charges.
History: s. 4, part IV, ch. 72-299; s. 19, ch. 73-190; s. 14, ch. 78-95; s. 13,
ch. 89-279; s. 500, ch. 94-356.