Division of Administrative Hearings, Florida
Filed: Jul. 16, 2007
The issues in this case include: whether the Respondents constructed berms and ponds and dug ditches and filled wetlands on their Property in Highlands County without required permits, as alleged by the Southwest Florida Water Management District (SWFWMD) in its Administrative Complaint; and, if so, whether the Respondents are entitled to an agricultural exemption or an agricultural closed system exemption under Section 373.406(2)- (3), Florida Statutes.Petitioner proved that the surface water management system, with the dredge and fill of wetlands, required an environmental resource permit; the agricultural exemption defenses were not proved.
