Permitting or regulatory action based solely on guidance, prohibited when.

640.023. Permitting or regulatory action based solely on guidance, prohibited when. — Notwithstanding any provision of law to the contrary, the department of natural resources shall not take any permitting or regulatory action based solely on guidance that has not been promulgated as a regulation, unless such use of guidance is agreed to by the permittee or person subject to such regulatory action. (L. 2023 S.B. 109)