Fla. Admin. Code R. 40B-3.301
Conditions for Issuance of Permits
Effective Apr 9, 2026Rulemaking Authority 373.044, 373.113, 373.171, 373.308, 373.309, 373.136, 373.333, 373.337 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS.Water Management Districts
(1) In order to obtain a water well construction, repair, modification, or abandonment permit, an applicant must provide reasonable assurance that the following conditions have been met:
- (a) The applicant has submitted a complete permit application form as set forth in Rule 40B-3.101, F.A.C.;
- (b) The applicant has submitted the appropriate permit application fee as set forth in Rule 40B-3.201, F.A.C.;
- (c) The proposed well will meet the criteria in this Chapter and Chapter 62-532, F.A.C., which is incorporated by reference in subsection 40B-3.035(3), F.A.C.;
- (d) The proposed well, if located in a delineated area, will meet the criteria in this Chapter and Chapter 62-524, F.A.C., which is incorporated by reference in subsection 40B-3.035(4), F.A.C.;
- (e) The proposed well will not adversely impact the groundwater resources of the District; and
- (f) A Water Use Permit, if applicable under Chapter 40B-2, F.A.C., has been obtained. When considering well diameter for Water Use Permit applicability, the smallest water bearing well casing diameter installed as set forth in Rule 40B-3.517, F.A.C., shall be used.
(2) The following standard limiting conditions shall be included in any permit issued under this Chapter:
- (a) The well contractor shall follow the well construction, repair, modification, or abandonment plan described in the application and authorized in this permit. Changes to the plan are not authorized unless approved in advance by the District.
- (b) The well contractor shall meet the sanitary hazard setback requirements of Chapter 62-532, F.A.C., Table 1. Variances from these setbacks are not authorized unless approved in advance by the District.
- (c) The well contractor shall have this permit available for inspection on-site during all phases of well construction, repair, modification, or abandonment.
- (d) The well contractor shall submit a Well Completion Report as set forth in Rule 40B-3.411, F.A.C., within 30 days of the completion of the construction, repair, modification, or abandonment authorized by this permit.
- (e) The well owner shall provide District staff access to the well site during all phases of well construction, repair, modification, or abandonment.
- (f) Issuance of this permit does not relieve the well owner of obtaining any necessary federal, state, local, or special District permits or authorizations.
- (g) The well contractor shall supervise on-site any person or driller subcontractor that will be conducting all or part of the construction, repair, modification, or abandonment authorized by this permit. This condition does not apply to drillers that are employees of the well contractor’s business, or are Florida licensed water well contractors themselves.
- (3) Special limiting conditions based upon well use, drilling method, or drilling location may be included in any permit issued under this Chapter to ensure the protection of the groundwater resources. Upon receipt of notice of intended agency action, any substantially affected person shall have the right to request a hearing in accordance with Chapter 28-106, F.A.C.
Rulemaking Authority 373.044, 373.113, 373.171, 373.308, 373.309, 373.136, 373.333, 373.337 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History–New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 8-20-95, 6-22-99, 4-9-26.