Notice of Rule Developments (begin rulemaking)
Water Well-Related Rulemaking
Rule No.
40C-1, Florida Administrative Code (F.A.C.)
Rule Title
ORGANIZATION AND PROCEDURE
Rule No.
40C-2, Florida Administrative Code (F.A.C.)
Rule Title
PERMITTING OF CONSUMPTIVE USES OF WATER
Rule No.
40C-3, Florida Administrative Code (F.A.C.)
Rule Title
WATER WELLS
- 1-13-26 Governing Board Memo authorizing Notices of Rule
Development (Posted on 2-4-26)
Description
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments to Chapter 40C-1 will be to: (1) delete a reference to Chapter 40C-5, which was repealed in 2015 (in 40C-1.602(6)); and (2) update, clarify, or simplify criteria (and delegation) for variances from water well construction requirements (in 40C-1.1003).
The purpose and effect of the proposed rule amendments to Chapter 40C-2 will be to: (1) delete reference to the “Statewide Multipurpose Hazardous Waste Facility Siting Act” which has been repealed (in 40C-2.051(2)); (2) conform part of permit condition rule requiring a permanent identification tag at each withdrawal facility with recent changes to 40C-2.401(1), F.A.C. (in 40C-2.381(2)(a)8.); and (3) update address of one Service Center (in 40C-2.900(15)).
The purpose and effect of the proposed rule amendments to Chapter 40C-3 will be to: (1) update the delegation of authority for the Executive Director to designate staff to carry out various tasks under Chapter 40C-3, F.A.C. (in 40C-3.0321); (2) incorporate by reference updated water well permitting delegation agreements between St. Johns River Water Management District (District) and Brevard County, City of Jacksonville, Indian River County, Marion County, Osceola County, and St. Johns County (in 40C-3.035); (3) incorporate by reference new water well permitting delegation agreements with Alachua County and Seminole County (in 40C-3.035); (4) incorporate by reference a new water well permitting delegation agreement with the Suwannee River Water Management District (Suwannee) regarding the small portion of Bradford County within the District’s boundary that is not currently regulated by Suwannee under Part III of Chapter 373, F.S. (in 40C-3.035); (5) add Department of State (DOS) links for several existing agreements referenced that currently lack a DOS link (in 40C-3.035); (6) incorporate references to standards and methods contained within rules of the Florida Department of Environmental Protection (DEP) that are incorporated within Chapter 40C-3 (in 40C-3.036); (7) update District’s address and telephone number for obtaining copies of incorporated materials (in 40C-3.036); (8) delete all references to Chapter 671, F.A.C., and rules within Chapter 671 (in 40C-3.036, 40C-3.411, 40C-3.502, 40C-3.517, and 40C-3.521); (9) clarify that wells, which supply water to public water systems not covered or included in the Florida Safe Drinking Water Act, are included in the category of Public Water Supply Well (in 40C-3.041(5)); (10) clarify requirements for wells constructed under section 373.326(2), F.S., and delete a reference to Chapter 40C-5 that was repealed in 2015 (in 40C-3.051); (11) update/clarify application requirements, including that a person with sufficient legal interest or control over the land or their agent must sign the permit application (in 40C-3.101); (12) update/clarify the conditions for issuance of a water well permit and clarify duration of permit (in 40C-3.301); (13) update inspection criteria and delete District offer to sell water well tags (in 40C-3.461); (14) incorporate general reference to Chapter 62-524, F.A.C., and references to setback requirements of 62-532.400(7) and (8), F.A.C., (in 40C-3.036 and 40C-3.502); (15) update and incorporate references to AWWA Standard C654-21, Section 4.3, guidelines for disinfection of filter or gravel pack materials, U.S. Environmental Protection Agency (EPA) EPA-570/9-75-001, Section 54.001-000-000, and EPA methods 601, 602 and 610 (in 40C-3.036 and 40C-3.512); (16) delete references to Chapters 62-550, 62-555, 62-560, 62-610, 62-761, 64E-8, and 64E-6, F.A.C. (in 40C-3.502); (17) add map of and reference the Picketville Landfill Special Construction Criteria Area located within Duval County, Florida (in 40C-3.502 and 40C-3.512); (18) add map of and reference the Fairbanks Special Construction Criteria Area located within Alachua County, Florida (in 40C-3.502 and 40C-3.512); (19) amend grouting and sealing rule to clarify grouting and sealing requirements for jetted wells, allow increased use of bentonite, clarify protection of monitoring wells, and allow use of bentonite chips or pellets for abandonment under specific conditions (in 40C-3.517); and (20) clarify a water well contractor’s and property owner’s responsibility to plug an uncompleted or unsuitable well, and clarify a property owner’s responsibility to ensure that an abandoned well is plugged by a water well contractor (in 40C-3.531).
SUMMARY: The proposed rule amendments to Chapter 40C-1 will delete an outdated rule reference, and update, clarify, or simplify a procedural rule regarding variances from water well construction requirements.
The proposed rule amendments to Chapter 40C-2 will cover the revision of District rules on the following subjects: (1) permit exemptions, (2) standard limiting conditions (permit conditions); and (3) forms and instructions.
The proposed rule amendments to Chapter 40C-3 will: (1) incorporate various water well permitting delegation agreements, allowing for local regulation of the construction, repair, and abandonment of certain water wells, as well as some compliance responsibilities, plus a limited ability to grant variances; (2) incorporate certain standards and methods contained within rules of DEP that are incorporated in Chapter 40C-3; (3) update the address and telephone number of District offices; (4) clarify what is a Public Water Supply Well; (5) clarify requirements for exempt wells constructed under 373.326(6) and delete outdated reference to Chapter 40C-5; (6) update/clarify application requirements; (7) update/clarify conditions for issuance of a water well permit and clarify duration of permit; (8) update inspection criteria and clarify water well tag requirement; (9) insert figures of special construction criteria areas; (10) amend and clarify grouting and sealing requirements and requirements for well abandonment; (11) clarify responsibility for plugging uncompleted or unsuitable wells and responsibility for plugging abandoned wells; and (12) delete outdated or unincorporated rule references or standards.
To register for SJRWMD’s February 11, 2026 Water Well-Related Rulemaking workshop at 10:00 AM, please click on the link below:
Water Well-Related Rulemaking Workshop | Meeting-Join | Microsoft Teams
After registering, you will receive a confirmation email containing information about joining the webinar, including a link to join the webinar and an optional call-in telephone number.
The St. Johns River Water Management District plans to consider publication of Notices of Proposed Rule during the regularly scheduled Governing Board Meeting on March 10, 2026. Thus, comments on the draft proposed rules will be due by February 25, 2026.
Notice of Proposed Rules (complete rulemaking)
None at this time.