CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 96447
...That rule contains ten activities which the District exempted from the permitting requirements of Part IV of Chapter 373: 40D-4.051 Exemptions. The following activities are exempt from permitting under this chapter: (1) The activities specified in sections
373.406, and
403.812, Florida Statutes....
...This subsection shall not be construed to eliminate the necessity to meet generally accepted engineering practices for construction, operation, and maintenance of dams, dikes, or levees. It also refers to stormwater systems under the District's jurisdiction pursuant to section 403.812....
...of Admin.,
500 So.2d 158 (Fla. 1st DCA 1986); approved,
514 So.2d 1086 (Fla. 1987); Floyd v. Bentley,
496 So.2d 862 (Fla. 2d DCA 1986), rev. den.,
504 So.2d 767 (Fla. 1987). However, we can find no basis to support the exemption for the activities specified by section
403.812....
...That provision is not part of Chapter 373; and the language of the isolated wetlands statute (§
373.414) does not give the District any discretion not to include all isolated wetlands in its rule, in contrast with the language in sections
373.416 and
373.413. Thus, the exemption based on section
403.812 exceeds the statutory source upon which it is based, and it does not appear to *424 be reasonably related to the purpose of the isolated wetlands statute....
