373.403
Definitions.
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373.403 Definitions.—When appearing in this part or in any rule, regulation, or order adopted pursuant thereto, the following terms mean:
(1) “Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state.
(2) “Appurtenant works” means any artificial improvements to a dam which might affect the safety of such dam or, when employed, might affect the holding capacity of such dam or of the reservoir or impoundment created by such dam.
(3) “Impoundment” means any lake, reservoir, pond, or other containment of surface water occupying a bed or depression in the earth’s surface and having a discernible shoreline.
(4) “Reservoir” means any artificial or natural holding area which contains or will contain the water impounded by a dam.
(5) “Works” means all artificial structures, including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that connects to, draws water from, drains water into, or is placed in or across the waters in the state.
(6) “Closed system” means any reservoir or works located entirely within agricultural lands owned or controlled by the user and which requires water only for the filling, replenishing, and maintaining the water level thereof.
(7) “Alter” means to extend a dam or works beyond maintenance in its original condition, including changes which may increase or diminish the flow or storage of surface water which may affect the safety of such dam or works.
(8) “Maintenance” or “repairs” means remedial work of a nature as may affect the safety of any dam, impoundment, reservoir, or appurtenant work or works, but excludes routine custodial maintenance.
(9) “Drainage basin” means a subdivision of a watershed.
(10) “Stormwater management system” means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use, or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system.
(11) “State water quality standards” means water quality standards adopted pursuant to chapter 403.
(12) “Watershed” means the land area which contributes to the flow of water into a receiving body of water.
(13) “Dredging” means excavation, by any means, in surface waters or wetlands, as delineated in s. 373.421(1). It also means the excavation, or creation, of a water body which is, or is to be, connected to surface waters or wetlands, as delineated in s. 373.421(1), directly or via an excavated water body or series of water bodies.
(14) “Filling” means the deposition, by any means, of materials in surface waters or wetlands, as delineated in s. 373.421(1).
(15) “Estuary” means a semienclosed, naturally existing coastal body of water which has a free connection with the open sea and within which seawater is measurably diluted with fresh water derived from riverine systems.
(16) “Lagoon” means a naturally existing coastal zone depression which is below mean high water and which has permanent or ephemeral communications with the sea, but which is protected from the sea by some type of naturally existing barrier.
(17) “Seawall” means a manmade wall or encroachment, except riprap, which is made to break the force of waves and to protect the shore from erosion.
(18) “Ecological value” means the value of functions performed by uplands, wetlands, and other surface waters to the abundance, diversity, and habitats of fish, wildlife, and listed species. These functions include, but are not limited to, providing cover and refuge; breeding, nesting, denning, and nursery areas; corridors for wildlife movement; food chain support; and natural water storage, natural flow attenuation, and water quality improvement, which enhances fish, wildlife, and listed species utilization.
(19) “Mitigation bank” means a project permitted under s. 373.4136 undertaken to provide for the withdrawal of mitigation credits to offset adverse impacts authorized by a permit under this part.
(20) “Mitigation credit” means a standard unit of measure which represents the increase in ecological value resulting from restoration, enhancement, preservation, or creation activities.
(21) “Mitigation service area” means the geographic area within which mitigation credits from a mitigation bank may be used to offset adverse impacts of activities regulated under this part.
(22) “Offsite regional mitigation” means mitigation on an area of land off the site of an activity permitted under this part, where an applicant proposes to mitigate the adverse impacts of only the applicant’s specific activity as a requirement of the permit, which provides regional ecological value, and which is not a mitigation bank permitted under s. 373.4136.
History.—s. 1, part IV, ch. 72-299; s. 18, ch. 73-190; s. 4, ch. 80-259; s. 1, ch. 82-101; s. 11, ch. 89-279; s. 28, ch. 93-213; s. 4, ch. 96-371.
Notes of Decisions
Cited in 13
cases, 1980–2018 · leading case: Koontz v. St. Johns River Water Management Dist.
Koontz v. St. Johns River Water Management Dist. (2013)
“1115, 1116 (codified as amended at Fla. Stat. § 373.403 (5) (2010) ). Under the Act, a landowner wishing to undertake such construction must obtain from the relevant district a Management and Storage of Surface Water (MSSW) permit, which may impose "such reasonable conditions"…”
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“” § 373.403(5), Fla. Stat. (2007). However, the Legislature has also placed limitations on the districts’ regulatory powers by establishing certain exemptions to the districts’ rules and regulations.”
Pal-Mar Water Management District v. Board of County Commissioners (1980)
“Pal-Mar Water Management District (Pal-Mar) seeks review of an order of the governing board of the South Florida Water Management District which declares that certain phases of Pal-Mar’s drainage project are not a closed system as defined in Section 373.403(6) Florida Statutes…”
Southwest Florida Water Management District v. Nanz (1994)
“§ 373.403, Fla.Stat, (1989). The damages specified in Nanz’s complaint allegedly arose as a result of a failure in the District’s stormwater management operations following rainfall events occurring between September 7 and 13,1988.”
Church of Jesus Christ v. St. Johns Riv. Wat. (1986)
“" § 373.403(6), Fla. Stat. (1983). The trial court granted the water management district's motion for summary judgment because the evidence established that water from the Church's drainage system was discharged into the marshes of the St.”
St. Johns River Water Management District v. Molica (2011)
“403, Florida Statutes provides definitions for terms, providing in pertinent part: (1) "Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state. (2)…”
BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION (2018)
“See §§ 373.403(19), .4136(1), Fla. Stat. At the time of receiving a mitigation bank permit, a mitigation bank is granted a certain number of mitigation credits.”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter 40C-4, Florida Administrative Code.”
Barnes v. District Board of Trustees (2014)
“§ 373.403(10), Fla. Stat. (added by ch. 89-279, § 11, Laws of Florida (1989)).”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter .”
St. Johns River Water Management District v. Henson (1989)
“813(2)(g), Florida Statutes, and Section 373.403(8), Florida Statutes which read in pertinent part as follows: (2) No permit under Chapter 403 or Chapter 373 .”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter .”
— 373.403(10) — 1 case
Barnes v. District Board of Trustees (2014)
“§ 373.403(10), Fla. Stat. (added by ch. 89-279, § 11, Laws of Florida (1989)).”
— 373.403(14) — 1 case
St. Johns River Water Management District v. Molica (2011)
“403, Florida Statutes provides definitions for terms, providing in pertinent part: (1) "Dam” means any artificial or natural barrier, with appurtenant works, raised to obstruct or impound, or which does obstruct or impound, any of the surface waters of the state. (2)…”
— 373.403(19) — 1 case
BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION (2018)
“See §§ 373.403(19), .4136(1), Fla. Stat. At the time of receiving a mitigation bank permit, a mitigation bank is granted a certain number of mitigation credits.”
— 373.403(20) — 1 case
BLUEFIELD RANCH MITIGATION, ETC. v. SO. FLA. WATER MANAGEMENT DISTRICT and FLA. DEPT. OF TRANSPORTATION (2018)
“See §§ 373.403(19), .4136(1), Fla. Stat. At the time of receiving a mitigation bank permit, a mitigation bank is granted a certain number of mitigation credits.”
— 373.403(4) — 1 case
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter 40C-4, Florida Administrative Code.”
— 373.403(5) — 1 case
A. Duda & Sons, Inc. v. St. Johns River Water Management District (2009)
“” § 373.403(5), Fla. Stat. (2007). However, the Legislature has also placed limitations on the districts’ regulatory powers by establishing certain exemptions to the districts’ rules and regulations.”
— 373.403(6) — 3 cases
Pal-Mar Water Management District v. Board of County Commissioners (1980)
“Pal-Mar Water Management District (Pal-Mar) seeks review of an order of the governing board of the South Florida Water Management District which declares that certain phases of Pal-Mar’s drainage project are not a closed system as defined in Section 373.403(6) Florida Statutes…”
Church of Jesus Christ v. St. Johns Riv. Wat. (1986)
“" § 373.403(6), Fla. Stat. (1983). The trial court granted the water management district's motion for summary judgment because the evidence established that water from the Church's drainage system was discharged into the marshes of the St.”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter 40C-4, Florida Administrative Code.”
— 373.403(8) — 3 cases
St. Johns River Water Management District v. Henson (1989)
“813(2)(g), Florida Statutes, and Section 373.403(8), Florida Statutes which read in pertinent part as follows: (2) No permit under Chapter 403 or Chapter 373 .”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter .”
St. Johns River Water Management District v. Corporation of the President of the Church of Jesus Christ of Latter-Day Sa (1984)
“The District has implemented a permitting program pursuant to Section 373.403, et seq., having adopted rules applicable to that permitting program appearing in Chapter .”
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