Section 40B-4.1010 - Policy and Purpose(1) The legislature declared its policy in Section 373.016, F.S., that water is among the basic resources in the state and that waters have not been conserved or fully controlled so as to realize their full beneficial use. The legislature further declared the following as policy: (a) To provide for the management of water and related land resources.(b) To promote the conservation, development, and proper utilization of surface and ground waters.(c) To develop and regulate dams, impoundments, reservoirs, and other works and to provide for water storage for beneficial purposes.(d) To prevent damage from floods, soil erosion, and excessive drainage.(e) To preserve natural resources, fish, and wildlife.(f) To promote the public policy set forth in Section 403.021, F.S.(g) To promote recreational development, protect public lands, and assist in maintaining the navigability of rivers and harbors.(h) To otherwise promote the health, safety, and general welfare of the people of this state.(2) The Department of Environmental Protection established statewater policy in Chapter 62-40, F.A.C., to be used in the development and implementation of district rules.(3) The district, consistent with the foregoing policies of the legislature and the Department of Environmental Protection, adopts the rules herein which are intended to: (a) Prevent increase in existing flood hazard or damages by requiring that new development of water and related land resources:1. Not restrict floodway conveyance through the use of fill or other obstruction;2. That new development which occurs in floodprone areas is made flood resistant to the greatest extent practical, or that development which cannot be made flood resistant is not permitted in floodprone areas.(b) Prevent pollution of waters by requiring control of post-development runoff from such areas to the extent necessary to insure minimum state water quality standards are met.(c) Preserve fish and wildlife by insuring that new development preserves or mitigates the conversion of water related habitats.(d) Prevent excessive drainage which will have an adverse impact on aquifer recharge or which would result in permanent conversion of wetlands to a non-wetland area.(e) Prevent the adverse alterations of drainage areas, watershed boundaries, and the interbasin transfers of surface water.(4) Further, it is the policy of the district that non-structural flood control methods are preferable to structural methods; and, therefore, it is the intent of the district not to support, sponsor, build, or otherwise initiate a structural public works flood control or drainage project intended to support new development; nor to assume maintenance or operational responsibility of such projects.(5) The purpose of this chapter is for use of works of the district provided in Section 373.085, F.S., in a manner consistent with the policies herein.Fla. Admin. Code Ann. R. 40B-4.1010
Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.084, 373.085, 373.086, 373.409, 373.413, 373.416, 373.426 FS.
New 9-25-85, Amended 9-13-04, Amended by Florida Register Volume 49, Number 020, January 31, 2023 effective 2/15/2023.New 9-25-85, Amended 9-13-04, 2-15-23.