December 12, 2014 –
Summary of SFWMD peer review meeting

Gunster attorneys recently attended the South Florida Water Management District’s regulatory peer review meeting on December 5.

Topics included the Department of Environmental Protection and SFWMD rulemaking developments, comments on the proposed Waters of the United States rule, and upcoming Federal Emergency Management Agency flood plain developments.

Below is a summary of the relevant points you may be interested in. If you are interested in monitoring any of these topics, feel free to contact me directly for more information.

˜Luna Phillips

Summary of SFWMD Dec. 5, 2014, peer review forum

The SFWMD’s Western C-51 rule draft is almost complete, and SFWMD anticipates holding workshops and releasing draft language in the next two to three months. The final report has been issued and is available for review.

Palm Beach County FEMA flood plain maps will be available for public comment on January 2, 2015, for a 90-day comment period. Review of preliminary maps has revealed several problems. Notably, south of Lake Okeechobee, the FEMA model analysis does not account for improvements to the Herbert Hoover dike. Much of the areas south of Lake Okeechobee will fall within a flood zone requiring flood insurance for structures, which will likely be very costly. Landowners can submit site-specific information to rebut the draft maps, and for lands with expensive improvements, this would result in significant savings.

SFMWD anticipates the upcoming dry season will tend to be wetter based on El Niño predictions. The Water Conservation Areas are full, and as of this date, only 5,000 acres feet per day are being delivered south. SFWMD is focused on avoiding releases to the St. Lucie River estuary.

The public comment period for the Waters of the United States proposed rule has closed. Palm Beach County submitted comments to the EPA identifying issues with the proposed rule.

SFWMD and the DEP hold regular “anti-drift” meetings to ensure the agencies are in communication on key topics. The DEP is going to start rulemaking on its sovereign submerged lands rules in Chapters 18-20 and 18-21, Florida Administrative Code. These rules could affect construction and maintenance of dredged areas and coastal structures.

The Uniform Mitigation Assessment Methodology (“UMAM”) rulemaking is ongoing, but moving slowly. It will likely be workshopped again in Spring 2015.

The Statewide Environmental Resource Permit (“SWERP”) rule will be updated to address glitches, and rulemaking will be initiated in the near future.

The DEP is considering mitigation banking rulemaking because the agency believes the rule needs updating because many years have passed since its adoption.

The water management districts around the state are considering changes to Volume II Water Quality / Quantity rules also.

The SFWMD is considering initiating rule development to amend Chapter 40E-61, Florida Administrative Code, the Works of the District program for the Lake Okeechobee Basin. However, it will not initiate development until after the Lake Okeechobee Basin Management Action Plan is adopted. No draft rule language is available yet.

Gunster’s environmental and land use law practice

Gunster attorneys think broadly about environmental and land use challenges, and are known for their ability to skillfully assemble the many pieces of a “project puzzle” into a cohesive picture of success. The firm represents a highly sophisticated clientele. Our attorneys serve public and private, national and international organizations who own, lease, develop, finance and manage agricultural, commercial office, retail, energy, industrial, residential and mixed-use properties throughout Florida and the United States. Our attorneys represent clients in all aspects of land use, environmental, property rights, development and acquisition matters.

Effective legal counsel is essential to managing the risks associated with continually changing environmental regulations. For decades, Gunster attorneys have advised on environmental issues including permitting and compliance, the Clean Air Act, Clean Water Act, and the Comprehensive Resource Conservation and Recovery Act (CERCLA), among others.

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