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Senate Bill 2080 becomes law

Changes to the process for approval of permit applications

Updated on 08/31/2009 (See text in red below.)

Background

On July 1, 2009, Senate Bill 2080 became law, amending Chapter 373, Florida Statutes and changing the process in which water resource permits are approved by the state’s five water management districts.

The new law directs the governing boards of the water management districts to delegate their authority to approve permits to their executive directors. The executive directors may designate other District staff to approve permits. Permit applications that are recommended for denial will continue to be considered by the governing boards.

In preparation to comply with the legislation, the St. Johns River Water Management District’s Governing Board voted on June 9, 2009, to delegate its authority to take final action on permit applications recommended for approval to the District executive director, or his designee, pending the bill becoming effective, which it did on July 1.

Beginning in August 2009, a new monthly report of permits approved by the executive director will be included as an informational item on the Governing Board agenda.

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Public participation

Public input is an important part of the permitting process. The following information explains how and when the public can become engaged in the process. As the District implements the new legislation, the public participation process may evolve to ensure adequate opportunities for public involvement.

Certain permits may be issued by District staff, and these permits are called standard permits. Other permits are considered by the District’s executive director or designee, and these permits are called individual permits. As of July 1, 2009, about 87 percent of the permits were standard permits and about 13 percent of the permit applications were for individual permits.

The following thresholds determine if a permit application will be considered by the executive director or designee. This is the same criteria previously used to determine if a permit application was to be considered by the Governing Board.

Consumptive Use Permits (CUPs)

  • The use of water is more than 500,000 gallons of water per day, or
  • There is a timely substantial objection to the permit application.

Environmental Resource Permits (ERPs)

  • The project size is 100 acres or greater, or
  • The project has 120 acre-feet or greater of storage capacity, or
  • The project has one or more acres of wetland impact, or
  • There is a timely substantial objection to the permit application.

All staff recommendations of denial are considered by the Governing Board.

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Public permitting meetings

To ensure that the public continues to have opportunities to provide “in person” input into the District’s permitting process, the executive director will hold public meetings prior to making permitting decisions.

The meetings initially will be held monthly, with the first meetings scheduled for 10 a.m. to noon on July 28, Aug. 25, Sept. 29, Oct. 27 and Nov. 24. The meetings will be held at District headquarters, 4049 Reid St., Palatka, and agendas will be posted on the District’s Web site seven days prior to the meetings.

This meeting process will continue to be evaluated and changes made as needed. Permit applications challenged by an objector and referred to a neutral Administrative Law Judge for a public administrative hearing are handled through a separate process.

To become aware of permit applications, intended actions or to comment on an application

The District posts all information about permit applications on its Web site. To view pending permit applications, visit the District’s permitting pages. Here you can search for pending applications by permit application number, project name or by county.

Once you locate the application of interest, click on the permit number to view details about the specific permit application. From the details page, you can request notifications about permit actions and provide comments on the application.

There are additional ways to receive information about permit applications or to provide comments on a permit application.

  • Write to St. Johns River Water Management District, Robert Presley, Division of Regulatory Information Management, P.O. Box 1429, Palatka, FL 32178-1429.
  • E-mail applicationsupport@sjrwmd.com.
  • Present comments to the service center directors or the executive director via mail or e-mail, or schedule an appointment for discussion of comments.

Public meetings will be held prior to permitting decisions. To comment “in person,” attend the appropriate permitting public meeting when the pending permit application of interest is on the agenda. If you have submitted a comment via one of the written or electronic means described above, you are not required to attend the meeting to have your comment considered prior to the permitting decision. Permit applications challenged by an objector and referred to a neutral Administrative Law Judge for a public administrative hearing are handled through a separate process.

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Contact information

For additional information about the permitting process, e-mail applicationsupport@sjrwmd.com or contact:

  • District headquarters (serving Alachua, Putnam, Flagler and Marion counties)
    4049 Reid St. • P.O. Box 1429
    Palatka, FL 32178-1429
    (386) 329-4500 • (800) 451-7106
  • Jacksonville Service Center (serving Bradford, Clay, Duval, Nassau, St. Johns and Baker counties)
    7775 Baymeadows Way, Suite 102
    Jacksonville, FL 32256
    (904) 730-6270 • (800) 852-1563
  • Altamonte Springs Service Center (serving Orange, Seminole, Volusia and Lake counties)
    975 Keller Road
    Altamonte Springs, FL 32714-1618
    (407) 659-4800 • (877) 228-1658
  • Palm Bay Service Center (serving Indian River, Brevard, Osceola and Okeechobee counties)
    525 Community College Parkway, SE
    Palm Bay, FL 32909
    (321) 984-4940 • (800) 295-3264

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